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R-771 - 04/10/2001 - AGREEMENT - Resolutions Supporting Documents1 1 VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60523 -2255 MEMORANDUM DATE: April 3, 2001 TO: Village President and Board of Trustees SUBJECT: Renewal of Agreement with Village Prosecutor . �. 4? 4 PHONE: 630 990 -3000 FAX: 630 990 -0876 RECOMMENDATION: That the Village Board approve the Resolution Authorizing Execution of Agreement for Prosecution of Traffic and Municipal Ordinance Violations as attached hereto. Attached is a resolution that authorizes execution of a new agreement with Linda Pieczynski to prosecute traffic and municipal ordinance violations for the Village. The Village initially retained Ms. Pieczynski as of March 1, 1995. The arrangement was renewed in 1996, again in 1997 (for a two -year period) and again in 1999. The current agreement expires as of April 30, 2001. The proposed agreement, which is an exhibit to the resolution, reflects an increase in the charge per two -hour court session from $138 to $148 and an increase in the rate per quarter hour in excess of two hours from $24.50 to $26.25. The rate for consultation, research and trial preparation increases from $98 to the same $105 per hour. The Village uses an average of 2.5 to 3 hours per month for such additional services, including the time associated with seminars on new developments in the law that Ms. Pieczynski delivers to the Police Department each year. There have been no interim fee increases in our prior agreements and the fees proposed in the new agreement would be effective for the entire two -year term as well. Ms. Pieczynski is very highly regarded by Village personnel with whom she works. The members of the Police Department, polled recently in roll call sessions, continue to support overwhelmingly the Village's relationship with Ms. Pieczynski. From the outset, the financial results of the relationship have been as anticipated. The incremental cost of Ms. Pieczynski's services (above what was previously being paid to the State's Attorney's office for ordinance prosecutions) has been more than offset by new revenue resulting from her work. The "by reference" adoption by the Board of the Illinois Vehicle Code (enabling most traffic violations to be written under Village Ordinance rather than State Statute) and the stronger advocacy Village President and Board of Trustees April 3, 2001 Page 2 that Ms. Pieczynski brings to the process on behalf of her client municipalities have been key factors in that outcome. I wholeheartedly recommend approval of the new agreement. This matter appears on the Active Agenda for your meeting on April 10, 2001. If you have questions or would like further information, please be in touch with either Attorney Martens or me. 4 �- Stephen B. Veitch Village Manager /sv attachment 6. ITEMS REMOVED FROM CONSENT AGENDA: (con't) 5. F. 1) Motion by Trustee Caleel, seconded by Trustee Savino, to authorize staff to finalize plans and specifications and obtain competitive bids for Phase I landscape improvements of the Rt. 83 and 31" Street interchange. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Butler. Motion carved. 7. ACTIVE AGENDA (Items for Final Action A. APPOINTMENTS: None. B. ORDINANCES & RESOLUTIONS: 1) ORDINANCE #2001- ZO -TA -G -676 AN ORDINANCE ORDToi -zO- AMENDING SECTION 13- 10A -3(A) OF THE VILLAGE CODE TA -G -676 OF THE VILLAGE OF OAK BROOK ENTITLED "LOT AREA A,NEND CODE: REQUIREMENTS" LOT AREA REA The Village Board at their meeting of March 27, 2001 authorized the Village Attorney to draft the necessary ordinance for final consideration at the April 10, 2001 Village Board meeting as recommended by the Plan Commission and the Zoning Board of Appeals to approve a text amendment to increase the maximum FAR (floor area ratio) in the ORA 1 zoning district from .45 to .4S. Motion by Trustee Savino, seconded by Trustee Kenny, to approve Ordinance #2001- ZO -TA -G -676, "An Ordinance Amending Section 13- 10A -3(A) of the Village Code of the Village of Oak Brook Entitled `Lot Area Requirements'," as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Kenny, McInerney and Savino. Nays: 0 - None. Absent: 1 - Trustee Butler. Motion carried. ",-In 2) RESOLUTION 42001- AG -E1 -R -771 A RESOLUTION REa= o1 -AG- AUTHORIZING EXECUTION OF AGREEMENT FOR E: \I -R -771 PROSECUTION OF TRAFFIC AND MUNICIPAL ORDINANCE PROSE:CUTR VIOLATIONS VILLAGE OF OAK BROOK Minutes Page 4 of 10 April 10, 2001 C 7. B. 2) The resolution authorizes execution of a new agreement with Linda Pieczynski to prosecute traffic and municipal ordinance violations for the Village. The arrangement was renewed in 1996, again in 1997 (for a two -year period) and again in 1999. The proposed agreement, which is an exhibit to the resolution, reflects an increase in the charge per two -hour court session from S 138 to S 148 and an increase in the rate per quarter hour in excess of the two hours from S24.50 to 526.25. The rate for consultation, research and trial preparation increases from $98 to the same $105 per hour. The Village uses an average of 2.5 to 3 hours per month for such additional services, including the time associated with seminars on new developments in law that Ms. Pieczynski delivers to the Police Department each year. There have been no interim fee increases in our prior agreements and the fees proposed in the new agreement would be effective for the entire two - year term. Motion by Trustee Caleel, seconded by Trustee Savino, to approve Resolution #2001 -AG -EX 1 -R -771, "A Resolution Authorizing Execution of Agreement for Prosecution of Traffic and iNfunicipal Ordinance Violations ", as presented and waive the full reading thereof. ROLL CALL VOTE: Ayes: 5 - Trustees Caleel, Craig, Kenny, iVlelnemey and Savino. Nays: 0 - None. Absent: 1 - Trustee Butler. Motion carried. 7. C. AWARD OF CONTRACTS: 1) FIREWORKS - 2001 INDEPENDENCE DAY CELEBRATION For the last six years, Melrose has performed the Village's fireworks display and has met expectations in every respect. They have done so while complying with all Village, state and federal safety regulations as well as insurance provisions. Their staff has conducted the performance professionally and has cooperated with all Village staff. The Village has normally waived bidding for this service in the past, mostly because staff would need to design a performance in order to obtain sealed bids which the Village is not in a position to write such a specification. Funds for the Independence Day festivities are budgeted in program 181. Trustees Savino and McInerney noted the excellent safety precautions that Melrose Pyrotechnics has used during the years they have served Oak Brook. Trustee McInerney noted that their safety records were rated very high when the Village checked their references before being hired by the Village. VILLAGE OF OAK BROOK Minutes Page 5 of 10 April 10, 2001 '01 FIREWKS