Public Safety Committee Minutes
January 09, 2012, 5:00 p.m.
Minutes of a regular meeting of the Public Safety Committee of the City of O’Fallon, held in the Mayor’s Conference Room, City Hall, 255 S. Lincoln, O’Fallon, Illinois, January 09, 2012. Call to order 5:00 p.m.
ROLL CALL:
Members Present: Renner, N.Drolet, Hagarty, Hursey, Roach
Members Not Present: All present
Staff Liaison: Chief Betten, Chief Saunders
Other Aldermen Present McCoskey, Cozad, Albrecht, Meile
Other Persons Present: Walter Denton, City Admin.; Pam Funk, Asst. City Admin.; Capt. Van Hook, OPD; Jean Bevington, OPD; S. Drolet, Resident
Media Persons Present: Dan Kelley, O’Fallon Progress
Chairman Renner declared a quorum present and requested a Motion to approve the
Minutes of December 12, 2011, Alderman Hursey made a Motion to accept the Minutes
of December 12, 2011, as presented and Alderman Hagarty seconded the Motion. All
ayes.
Old Business
No Old Business on Agenda
New Business
Item 1. Secretary of State Handicapped Placards – Chief Betten informed the Committee that the Handicapped Placards are monitored and the Department does not get many complaints on the Handicapped parking spaces that are used, when checked, all were compliant.
Action: None
Motion: None
Disposition: Closed
Item 2. Administrative Vehicle Impounds (Changes per Illinois State Law) –
Chief Betten introduced Capt. Eric Van Hook, who provided a presentation on the new changes in the State Law where these laws apply to the City in Ordinance 3653 Chapter 70.75 – 70.82 (Ordinance Attached). These changes take effect January 1, 2012. Capt. Van Hook reviewed the changes with the Committee:
(B) For any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any violation of federal, state, or local law that is not listed in division (A) of this section, including arrest warrants, which results in seizure and impoundment of the vehicle by the city, the owner of record of said motor vehicle shall be liable to the city for a Level 2 administrative fee, as provided for in this subchapter, in addition to any towing and storage fees as hereinafter provided.
(Ord. 3653, passed 1-4-10)
(A) Within ten days after a motor vehicle is seized and impounded pursuant to this subchapter, the city shall notify by personal service or by first class mail to the owner of record of the owner's right to a hearing, along with the date, time and location of the hearing, to challenge whether a violation of this subchapter has occurred. The hearing date must be scheduled and convened no later than 45 days after the mailing of the notice, or issuance of the notice of hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
(G) All decisions of the administrative hearing officer shall be subject to review under the provisions of the Illinois Administrative Review Law.
(Ord. 3653, passed 1-4-10)
§ 70.80 MOTOR VEHICLE POSSESSION.
Any motor vehicle that is not reclaimed within 35 days after: 1) the expiration of the time during which the owner of record may seek judicial review of the city's action under this subchapter, or 2) the time at which a final judgment is rendered against an owner of record who is in default; may be disposed of as an unclaimed motor vehicle as provided by law; provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject motor vehicle may not be disposed of by the city except as consistent with those proceedings.
(Ord. 3653, passed 1-4-10)
Capt. Van Hook informed the Committee that the City’s Administrative Hearing Attorney is Attorney Grunke. Attorney Grunke does has three years of legal experience per Illinois Law. The hearings will take place every third Thursday of the month in the Administrative Conference Room (Chief’s Conference Room) at 285 North Seven Hills Road, beginning at 9:00 a.m. until all subjects have been heard.
Chairman Renner requested a Motion to recommend to Council the above changes in the Ordinance. Alderman Roach made the Motion to recommend these changes to Council and Alderman Hursey seconded the Motion. All ayes.
Action: None
Motion: Motion to recommend to Council the changes in the Ordinance 3653 Chapter
70.75 – 70.82.
Disposition: Closed
Chairman Renner asked if anyone had any other New Business not on the Agenda, hearing no New Business, Chairman Renner called for a Motion to adjourn. A Motion to adjourn was made by Alderman Hursey and Alderman Hagarty seconded the Motion. All ayes.
Meeting Adjourned: 5:15 p.m.
Next Meeting: February 13, 2012, 5:00 p.m.
Minutes Taken By: Jean Bevington
| 
