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Minutes - 03/24/2008 - Committee of the WholeMINUTES OF THE MARCH 24, 2008 RESCHEDULED COMMITTEE -OF- THE -WHOLE MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN BY VILLAGE BOARD ON MAY 27, 2008. 1. CALL TO ORDER The Committee of the Whole Meeting of the Village Board of Trustees was called to order by President Craig in the Samuel E. Dean Board Room of the Butler Government Center at 7:00 p.m. The Pledge of Allegiance was given. 2. ROLL CALL Village Clerk Charlotte Pruss called the roll with the following persons PRESENT: President John W. Craig, Trustees James Carson, Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: Trustee Moin Saiyed. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Robert L. Kallien, Jr., Director of Community Development; Dale L. Durfey, Jr., Village Engineer; Thomas Sheahan, Chief of Police and Stephen Larson, Deputy Police Chief. 3. COOK -DU PAGE CORRIDOR TRANSPORTATION PLAN Village Manager Niemeyer indicated that the DuPage Mayors and Managers Conference (DMMC), RTA, and Cook County had been working on a long -term plan for transportation improvements in the Cook - DuPage corridor. He introduced Tam Cutsmark, a representative from DuPage Mayors and Managers and Bill Lenski with the RTA who will be making a presentation on the status of the planning process. Also, they will be discussing the coordination of the corridor planning with other DMMC planning efforts in the area. In addition Manager Niemeyer asked them to discuss the grant that the Village of Oak Brook received a few years ago related to this subject. Mr. Lenski indicated that he welcomed the opportunity to apprise the Board of the preliminary recommendations of the Cook - DuPage corridor options feasibility study and reminded them that the Village of Oak Brook had been an early participant in the study through its involvement in the Technical Committee. The study aimed to find the most effective and desired transportation system improvements for this heavily traveled region. A preliminary policy decision was on a transportation system to service the over 1 Million residents and 750,000 jobs of this corridor. This recommendation is subject to public comment during the month of March. COMMITTEE -OF- THE -WHOLE Minutes Page 1 of 10 RESCHEDULED MARCH 24, 2008 3. He defined the corridor as the area from Cicero Avenue on the East, the Kane /DuPage County line on the West and from the Metra's Burlington Northern Sante Fe Line (approximately Ogden Avenue) on the South to the Milwaukee District West Line (approximately Irving Park Road) on the North, which includes 51 suburban communities and the Austin area of Chicago — 13% of the regions population and approximately 15% of the regions jobs. He described the make -up of the groups working on these issues and the process used to evaluate the options recommended and reach a final recommendation. He indicated that the final recommendation was for a Main Line System which was a central main line corridor in the vicinity of I -290 between west Cook County and east DuPage County with a bus line with a rapid transit line at each end for collection and distribution. The goal is to enhance the mobility for the full spectrum of the corridor travelers. He described the process for pubic input and the next steps. He welcomed questions. Trustees asked questions regarding specific locations of rapid transit lines. Mr Leski responded that too many questions were unanswered relative to engineering issues to be able to respond. Trustee Carson asked what the timeframe of the project was expected to be and how was it going to be funded. Mr. Leski responded that it would be approximately 5 -15 years before funding was obtained. He added that there may be some intermediate low capital projects that may go ahead prior to the final funding. Tam Custmark, the Transportation and Planning Director for the DuPage Mayors and Managers Conference assured the board that the corridor planning was coordinated with local municipal efforts. She described the efforts of the DMMC to work with communities for a circulator service which would enhance transportation for workers coming into the area. She added that Oak Brook has a $1,000,000 Federal grant for reverse feeder transportation for employment centers. Trustee Saiyed asked whether car - pooling was a considered portion. Ms. Cutsmark and Mr. Lekki responded that it is encouraged through a High Occupancy Vehicle Lane in the proposed recommendations. Trustee Sanford indicated that he was not familiar with the Federal Grant to Oak Brook and asked how it was to be used. Ms. Cutsmark responded that it was to be used for planning and implementation and since a large part of the planning work had been done the money could be used for purchase of buses and the first year of operation. President Craig asked about links between the Metra stations and Oak Brook. She responded that she would look into it. COMMITTEE -OF- THE -WHOLE Minutes Page 2 of 10 RESCHEDULED MARCH 24, 2008 3. Discussion ensued regarding the grant, its' usage and the extension of the grant. The Board asked Manager Niemeyer to look into the history and the ramifications of the grant. 4. RED LIGHT PHOTO ENFORCEMENT PROGRAM President Craig commented that he has had personal experience with drivers who run red traffic signals. His vehicle was totaled in the incident. He indicated that statistics show that drivers who run red lights cause more than 100,000 accidents a year and 1,000 fatalities. He felt that this program could prevent tragedies in Oak Brook. He announced that two firms would be presenting their programs. He introduced the Assistant Village Manager, Blaine Wing. Public Act 94 -0795, signed on May 22, 2006, allows a governmental agency such as a municipality or county to establish an automated traffic law enforcement system that produces a recorded image of a motor vehicle entering an intersection against a red signal indication and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The installation of Red Light Running (RLR) Camera Systems may be established within certain counties and municipalities within those counties. All municipalities within DuPage County meet this criterion. Enhanced traffic safety is the goal for the Automated Traffic Law Enforcement (ATLE) program. Per the Illinois Department of Transportation, RLR Camera Systems should only be installed at intersections where there are documented traffic safety issues involving traffic crashes and where alternative methods to combat these safety issues have been implemented and are not feasible due to the configuration of the intersection. In order to install an ATLE at an intersection, a Justification Report is required before a permit to install may be issued. The Justification Report includes data such as, but is not limited to: • Intersection location • Geometric description of the intersection and land usage • Crash data for (3) years • Average daily and peak traffic volumes • Existing traffic control devices • A letter of concurrence for use of the RLR Cameras from a representative from the roadway authority having jurisdiction of the intersecting local roadway • A letter from the chief of the local law enforcement agency certifying that the intersections proposed for RLR Cameras experience red light violations and crashes resulting from such acts All costs for the materials, operation, maintenance, repair and removal of the RLR Cameras are the responsibility of the permit applicant, the governmental jurisdiction. COMMITTEE -OF- THE -WHOLE Minutes Page 3 of 10 RESCHEDULED MARCH 24, 2008 4. The permit applicant shall commence a publicized "kick -off event" and issue periodic press releases regarding the proposed locations and effectiveness of RLR Cameras within their jurisdiction. The jurisdiction is also responsible for preparing an evaluation report one year after the installation and every three years thereafter. This evaluation shall include a statistical analysis of crash data, recommendations for reducing crashes and red light violations and a summary of the adjudication process. Finally, the jurisdiction receiving a permit to place RLR cameras at an intersection is responsible for establishing an adjudication hearing process for those individuals receiving notice that a vehicle registered to them has had its image captured by a RLR camera. Unless the driver of the motor vehicle received a Uniform Traffic Citation at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $100, plus an additional penalty of not more than $100 for failing to pay the original penalty in a timely manner. A violation for which a civil penalty is imposed is not a violation of a traffic regulation and may not be recorded on the driving record of the owner of the vehicle. The registered owner of the vehicle is responsible for the citation, even if another is driving the vehicle during the violation. Note that no photograph is taken of the driver during the violation. "If a person charged with a traffic violation, as a result of an ATLE, does not pay or successfully contest the civil penalty resulting from this violation, the Secretary of State shall suspend the driving privileges of the registered owner of the vehicle for failing to pay the fine or penalty due to owing as a result of 5 violations of the ATLE" There are several exemptions of the ATLE violations, including: • The registration plates of the offending vehicle had been reported stolen prior to the violation • The offending vehicle was part of a funeral procession • The offending vehicle was yielding the right of way to an approaching emergency vehicle • The offending vehicle was an emergency vehicle Proposed Locations: In August of 2007, the Oak Brook Police Department along with Village Manager Niemeyer, met with representatives of vendors providing ATLE programs to municipalities in an effort to reduce traffic crashes at certain intersections. At the conclusion of this meeting, it was decided to further explore the two most prominent vendors in the Chicagoland area, Red Speed and Red Flex. The Village then selected two locations for video surveys to be conducted. These locations were selected because of the recent volume of traffic crashes over the past two years. The two (2) locations included in the survey were: Butterfield Road and Meyers Road and Spring Road and 22nd Street. COMMITTEE -OF- THE -WHOLE Minutes Page 4 of 10 RESCHEDULED MARCH 24, 2008 4. Red Speed conducted an analysis of vehicles violating the traffic control signals at Butterfield Road and Meyers Road for the east and west approaches to the intersection. This intersection was chosen because in 2006 this intersection had a total of 39 reported traffic crashes. Additionally, in 2007 there were 66 reported traffic crashes at this same intersection. Red Flex conducted an analysis of vehicles violating the traffic control signals at Spring Road and 22nd Street for all approaches to the intersection. This intersection was chosen because in 2006 this intersection had a total of 62 reported traffic crashes. Additionally, in 2007 there were 56 reported traffic crashes at this intersection. Vendors: Both Red Speed and Red Flex provided the Oak Brook Police Department with references that currently are using their product or have entered into a contract to use their product and service. Reference checks were made with police departments that exclusively use or used either Red Speed or Red Flex. One department uses both vendors for their ATLE program. In speaking with the references, a synopsis of their commentary follows: Red Speed: Due to the number of complaints, the first reference suspended their program. The community had a fantastic working relationship with Red Speed's representatives and had only good things to say about the vendor. Generally there was the belief that the department's enforcement was too strict, but even after it was made more lenient there were still too many complaints. This department needed 20 -24 hours per month to review the alleged violations. This resulted in an estimated 100 Adjudication Hearings per month. This community saw a 27% to 39% reduction in traffic crashes at the locations where cameras were installed. Finally, it should be noted that this community explained that obtaining permits at State intersections was very difficult. Another reference that selected Red Speed, but does not yet have an operational system, chose Red Speed due to their 30 -day notice to turn off cameras and then 60 -day out clause if the cameras didn't work out for the municipality. A third reference chose both vendors and allowed them to compete. At the end of the trial period, this town believes that the Red Speed solution will provide the best solution and more consistent revenue. This department spends approximately 10 hours per week reviewing alleged violations and limits the Adjudication Hearings to between 50 and 60 violators per month. The last reference check for Red Speed advised that their program went live in November of 2007 and began to issue citations in December. Revenue is not expected until March due to Red Speed covering the costs mandated by the Illinois Department of Transportation to improve the intersection where the ATLE program has been COMMITTEE -OF- THE -WHOLE Minutes Page 5 of 10 RESCHEDULED MARCH 24, 2008 4. implemented. Approximately one (1) hour per day is taken to review alleged violations and this department has had seven (7) Adjudication Hearings covering approximately 1,000 alleged violators. Note that the majority of violations found were right turn on red violations. Red Flex: The first reference had chosen Red Flex due to the professionalism of the presentation to their Village Board. Their program is not yet operational, as the town has found the State's permit process very difficult. This community is expecting to be "live" nine months after they have obtained the necessary permits. The second reference advised that Red Flex was chosen because they were able to demonstrate specifics. This department's representative stated that the program is not operational yet because the municipality's normal practices and the extensive roadway construction that is currently occurring at the intersection they selected. (Note: They shared that this should not be viewed as a negative.) The third reference advised that Red Flex was chosen due to their good working relationship with the Illinois Department of Transportation, more control over violations cited, their rejection process, as well as the projected revenue. The fourth reference advised that the contract with Red Flex was just signed and they are waiting for the surveys to be completed. Red Flex was chosen by this municipality because they impressed the decision makers with the fact that they will complete approximately 95 % of the work with the Illinois Department of Transportation. Adjudication Hearings: The aforementioned Adjudication Hearing is the avenue for an alleged violator to contest the citation. The municipality is responsible for hosting this hearing. The hearing site will need to accommodate up to 100 people and function similar to a courtroom. The site will need Internet, audio visual capabilities and a computer. The municipality will need to hire an Adjudicator to "run" the hearing process. Each hearing can take up to 10 minutes and there are typically 20 -30 individuals seeking a hearing each month. The Village will also need a police officer at each hearing to provide security. Finally, the municipality will need to have an attorney serve as a hearing officer to help determine if the alleged violator is liable for the citation. There are certain industry assumptions concerning an ATLE program. First, there is an anticipated decrease in violations by approximately 50% after the first six months followed by a fairly consistent number of violations. Second, there is a compliance rate of approximately 75% in making payment on citations issued without going through the adjudication process. Finally, administrative costs in the first year will be approximately $2,000 per month for a sworn police officer to review possible violations, $500 per month to staff the Adjudication Hearing and $1,800 per month for an actual Adj udicator. COMMITTEE -OF- THE -WHOLE Minutes Page 6 of 10 RESCHEDULED MARCH 24, 2008 4. Revenue/ Expenditure Analysis: A Revenue /Expenditure Analysis was completed to estimate the amount of revenue that this program could generate along with the possible costs of this program. This analysis was conducted for both Red Speed and Red Flex based upon information that was provided to the Oak Brook Police Department. The "Fixed Costs" were developed from the amount each vendor charges for the camera at each intersection per month. "Administrative" costs are based upon an officer reviewing the violations that are sent to the department, an officer staffing the Administrative Hearing and the cost of an Adjudicator for overseeing the hearings. In this analysis, there is a built -in 3% increase of costs each year. Estimated Daily Violations is based on the surveys conducting by both vendors. Since Red Flex had a total of 19 violations, this is the minimum number that was used so that both vendors could be compared. It is believed that after the six months, violations will be reduced by 50 % because of driver compliance. The "Estimated Monthly Violations" is based on daily violations multiplied by 30. The "Cost per Violation" is provided by each vendor. Again, after the first year, there is an assumed 3 % cost increase for each subsequent year. The "Total Cost" is calculated by the "Estimated Monthly Violations" multiplied by the "Cost per Violation" and then adding the "Fixed Cost ". "Gross Revenue" is calculated by multiplying the "Estimated Monthly Violations" by $100, which is the maximum violation cost. Next, there are two assumptions in remainder of this analysis. First, there is a 75% compliance by the violators in paying the fine and, secondly, a 50% compliance in paying the fine. The "Net per Month" is then calculated by subtracting the "Cost per Month" from the "Revenue per Month ". This then gives you the "Breakeven Citations," which is the minimum number of violations that must be issued in order for the system to pay for cameras and the hearing process. Finally, "Net" is the "Net per Month" multiplied by 6 for six months and after the first year, the "Net per Month" is multiplied by 12 for a twelve month cycle. Critical Issue: A critical issue concerning ATLE is the right turn on red violations. Straight through violations of a red light are simple to observe, whereas a right turn on red violation is difficult to assess and an officer may need to exercise some discretion when issuing a citation. Violating a right turn on a red light could include: stopping past the solid line; slowing the vehicle, but not coming to a complete stop; stopping behind a vehicle that is stopped in the turning lane and neither slowing or coming to a complete stop. Some vendors appear to cite this violation more than others. One community applied strict interpretations of the law concerning right turn on red violations and received an overwhelming amount of complaints. This community eventually suspended the entire ATLE program. All ATLE vendors permit a review of all citations, but some charge a fee for citations that are not approved by the municipality and pass that fee on to the municipality. COMMITTEE -OF- THE -WHOLE Minutes Page 7 of 10 RESCHEDULED MARCH 24, 2008 4. An agreement would need to be agreed upon between Oak Brook and the vendor to determine what actually constitutes a violation for right turn on red. Additionally, HB 4562 has recently been introduced which would prohibit a municipality from using the ATLE system as a basis for charging a person facing a steady red light with a traffic violation for turning right regardless of whether or not the turn is otherwise permitted under the code. This would be something that staff would need to watch. Currently, there are several municipalities in DuPage County that have contracted for ATLE systems, including: Naperville, Carol Stream and Lisle. None of these municipalities have operational systems as of this time, but all are in the process to be up and running shortly. At this time, staff feels that direction is needed from the Village Board as to whether or not to proceed. If the Board does wish to proceed, staff will draft an adjudication hearing ordinance, as well as recommend an automatic traffic law enforcement vendor.. Mr. Greg Zito of RedSpeed Illinois, LLC which was founded in 2006 geared specifically for Illinois Communities and has no other clients in other states. He added that he had been in municipal government for many years and that the company felt that it was important to know how municipal governments work in order to provide a good product. He added that they were also the only company that has a lobbying effort in Springfield regarding safety and changing driver behavior. He stated that they had approximately 45 communities under contract and about twelve more ready to go. He added that RedSpeed was the only company who has permits from IDOT. He introduced Michael Lebert who had spent over thirty years in law enforcement in the Chicago area and has brought tremendous law enforcement resources to the program. Mr. Lebert emphasized that their program for safety was based on three E's. Engineering of intersections which he felt was well underway in Illinois. Education, which was the marketing of the program to residents so that they understand it and, of course, Enforcement. He indicated that there was no better way to enforce a program than with a camera that is in place twenty -four hours a day, seven days a week. They went on to say that their equipment has superior engineering, state of the art in ground wireless sensors. Violation capture and processing services are done through their offices and not, as other vendors have done, transferred information out of state or out of the country. He also explained their adjudication process module which is done locally. Mr. Zito explained the other services which are part of their program. He also presented some questions that the Board should consider when looking at other vendors. COMMITTEE -OF- THE -WHOLE Minutes Page 8 of 10 RESCHEDULED MARCH 24, 2008 4. Mr. Don Nelson of RedFlex Traffic Systems indicated that they were the largest enforcement program globally. They have programs in twelve countries and are the largest vendor in the United States. They have 198 U.S. programs to date and their corporate headquarters are in Scottsdale, Arizona with Midwest regional offices in Chicago. They have been in business for over 21 years, have 300 U.S. based employees, a 24/7 operation, process over three million citations annually and are very customer service oriented. He explained their programs. All work is done by their technicians. He added that they also have IDOT permits. He indicated that there were 25 Illinois communities with their programs. He explained their equipment and programs. RedFlex also provides public awareness campaigns and they have found that only 1/2 of 1 % of the violators request hearings and adjudication. Trustee Manofsky asked about the possible abuse when violation files are reviewed to determine if tickets should be issued by Police Department staff. Mr. Nelson explained the verification process which should prohibit those concerns. Mr. Zito also responded and explained their process. Trustee Wolin would like comments from Chief Sheahan and Lieutenant Weber. He also asked for clarification of the comments indicating that these programs and the equipment are at no cost to the Village. Both vendors responded that the program is paid through a portion of the payment of the violations and the Village receives the remainder. Trustee Carson asked how the program works at intersections shared by communities. The response was that only the portion of the intersection under contract with a municipality would apply. He also asked about the internal costs for the Village. It was pointed out that in many cases Police Departments have officers on light duty that could be utilized to cover the labor costs internally. Police Chief Sheahan commented that the program was looked at as public safety issue because it would reduce accidents. He also responded to Trustee Manofsky's concern regarding abuse of the program and reassured her that it would be very difficult for that abuse to occur. He also felt that it could be a revenue generator. Trustee Carson asked about the allegations that as a result of these programs that year- end collisions have increased. Chief Sheahan responded that there had not been any real statistics to prove that point. Trustee Carson commented that the Village had only 8,700 residents, but that there were an additional 80,000 visitors to the community and that the Village needed to be portrayed as a friendly community to visit. He asked how the public education portion COMMITTEE -OF- THE -WHOLE Minutes Page 9 of 10 RESCHEDULED MARCH 24, 2008 4. of their programs would address that. The vendors responded that the programs could be designed as the Village wished and it was suggested to use the Chamber of Commerce to get the message out that the program was for public safety not entrapment. Trustee Sanford asked whether intelligent signaling could be integrated into this program. RedSpeed indicated that they were developing traffic flow, parking enforcement and overweight truck monitor. programs. Trustee Wolin was also concerned about speeding and would like to investigate in the future programs for that. He also responded to Trustee Carson's concern regarding the image of Oak Brook as a place to stay out of because of the additional enforcement, indicating that he felt that this was the way of the future because many municipalities were looking at these programs and that drivers would soon learn to accept it. Trustee Kennedy pointed out that the statistics showed that there were actually a small percentage of straight through violations. His concern was if the program was worth the effort and equipment costs for the vendors for the few violations reported. President Craig asked Village Manager Niemeyer to explain the next steps. Manager Niemeyer responded that the information needed to be assessed and if Board members had any further questions to contact him. 5. ADJOURNMENT: Motion by Trustee Sanford, seconded by Trustee Carson, to adjourn the Committee -of- the -Whole Meeting at 9:22 p.m. VOICE VOTE: Motion carried. ATTEST: / /s // Charlotte K. Pruss Charlotte K. Pruss Village Clerk COMMITTEE -OF- THE -WHOLE Minutes Page 10 of 10 RESCHEDULED MARCH 24, 2008