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G-801 - 02/13/2006 - OFFENSE - Ordinances Supporting Documents9. C. 5) Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve a professional Services Agreement with Hitchcock Design Group, 221 W. Jefferson Avenue, Naperville, IL 60540 for the Village of Oak Brook Beautification Project in the amount of $57,000 subject to renegotiation of the scope of services. ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Craig, Kennedy, Manofsky and Yusuf. Nays: 0 - None. Absent: 1 - Trustee Sanford. Motion carried. D. STATUS REPORT — TELECOMMUNICATIONS SYSTEM REPLACEMENT CONTINUED FROM JANUARY 24, 2006 The Village Board, at its January 24, 2006 meeting, continued this subject to the February 13th Special Board meeting. At the Board's direction, the fiber optic repair and network design projects are to be completed prior to purchasing a replacement telephone system. Both of these projects are on schedule. Underground work for a portion of the fiber network began last week. That part of the fiber network that serves the Sports Core buildings will be taken down the week of February 13th to reterminate multimode fiber, terminate singlemode fiber and testing. Remaining work, including testing within the Village Hall and Public Works, will be complete by the end of February. Network design meetings with TDSi covered subjects including current network needs, future planning and network reliability. A list of improved network switching equipment will be purchased and installed by the first week of March. The IP re- numbering scheme (to improve overall network performance) and any remaining network issues will be complete in early March. The recommendation to replace the telephone system will return to the Board for final action by early April. Discussion regarding this topic was included during discussion of Agenda Item 9.C.4). Motion by Trustee Kennedy, seconded by Trustee Yusuf, that the Board of Trustees continue this subject to the February 28, 2006 Board Meeting. VOICE VOTE: Trustee Aktipis opposed. Motion carried. E LOCAL PROSECUTION OF DUI CONTINUED FROM JANUARY 24, 2006 The following information was requested by the Village Board from their discussion at the January 24, 2006 Village Board Meeting. VILLAGE OF OAK BROOK Minutes Page 8 of 16 February 13, 2006 9. E. The Village Attorney is charged by Village Code Sec. 1 -5132F with prosecuting all local violations including Driving Under the Influence (DUI) for the Village. A local DUI prosecution program for the Village of Oak Brook has great merit. The local prosecution of DUI offices gives the Village greater control over that process, provides continuity of prosecutor for each DUI case and will increase net revenue to the Village. Margaret O'Connell, of Kubiesa, Spiroff, Gosselar & Acker, P.C., is an experienced and competent DUI prosecutor (not a DUI defense attorney) who will be assigned to prosecute DUI for the Village, if the Board reinstates this program. The Board was provided prosecutional background and information about her Elmhurst success with the local DUI program for which she has been the only prosecutor since its inception in 2003. Trustee Yusuf summarized the advantages of dealing with this process locally such as having a dedicated prosecutor, control over the process and the possibility to implement other sanctions that could enhance public safety. Additional material was provided to the Board indicating support of the Alliance Against Intoxicated Motorists (AAIM) after their review of the process that the Village is proposing. Representatives from Mother's Against Drunk Drivers (MADD) were not in attendance due to the date change of the regularly scheduled meeting. Motion by Trustee Yusuf, seconded by Trustee Aktipis, for passage of Ordinance G- 801 Amending Title 7, Chapter 1 (Motor Vehicles and Traffic) of the Village Code of the Village of Oak Brook, Illinois (DUI Prosecution). Trustee Aktipis offered an amendment to the motion requiring that this enforcement be done by an attorney experienced in criminal drunk driving law with experience in DuPage County and is selected and appointed by the recommendation of the Chief of Police rather than the Village Attorney. Trustee Manofsky seconded the amendment. Trustee Aktipis asked if Trustee Yusuf who made the original motion if he would accept the amendment as a friendly amendment. Trustee Yusuf accepted the amendment for discussion and asked if someone would second it. Trustee Manofsky seconded the amendment for discussion. President Quinlan did not disagree that the Village should hire an attorney that would do a good job working with the Police Department, however the Village Board has hired the law firm Kubiesa, Spiroff, Gosselar & Acker, P.C. to be the Legal Officer and to exclude that firm from the process would be a huge mistake. He agreed that the Chief of Police should have significant input into the process and into whom that person is who will handle the prosecution because one of the objectives is to make sure that the person will be able to work well with Village officers and allow them to do a better job on the prosecution side. VILLAGE OF OAK BROOK Minutes Page 9 of 16 February 13, 2006 9. E. Trustee Aktipis agreed with the concept, but he would be much more comfortable if the prosecution was handled quite independently of the office of the Village Attorney. He felt that the Village Attorney had a large area in which he was involved and that this other area should be totally dedicated to prosecutions and should be under the control of the Police Chief in terms of the selection of the proper attorney. Trustee Yusuf indicated that he had reviewed Margaret O'Connell's credentials and experience which is extensive. He did not feel that in any way was she lacking in her ability to do the job nor has he heard anything in his inquiries that would cause him to worry about her ability to do the job effectively. He agreed that whoever prosecutes these cases has to work effectively with the Police Department and that begins with the Chief of Police. He was not in favor of giving the control of that choice to anyone other than the seven people sitting on the Board. He indicated that the Board valued the Village Attorney's input into it and the Chief of Police's input. Trustee Kennedy summarized that there were two issues, one being whether the Village takes back in house the prosecution of DUI's and who would be the person prosecuting those cases. He indicated, coming from his background as an outside counsel to a number of corporations, that it seemed to him that the choice of the prosecutor should be that of the Village Attorney in consultation with the Chief of Police and the Board. He added that he has had an opportunity to work with Margaret O'Connell in her position as counsel to the Plan Commission. He felt that she is very competent and he felt that if he were ever stopped for a DUI he would not want to face her as his prosecutor. He felt that the discussions of the appointment of the prosecutor was a personnel matter and should be done in Closed Meetings. He asked Attorney Kubiesa if that was appropriate and Attorney Kubiesa responded that it would be appropriate. Trustee Aktipis commented that it was inappropriate to discuss the credentials of an individual person that the discussion was not about individuals, but about principles. He disagreed with Trustee Kennedy's conclusion that the appointment should be made by the Village Attorney. He felt that there was nothing inappropriate with the consent of the Board to entrust the Police Chief with the selection of a prosecutor since the prosecutor works very closely with the Police Department. He stated that he would pass the ordinance with the modification that has been suggested. He called the question. President Quinlan asked Trustee Aktipis to restate what was being voted. Trustee Aktipis stated that as the Ordinance has been presented with the following addition: "This ordinance supersedes any other provisions of the Village Code or other ordinances relative to the appointment of a prosecutor. The prosecutor will be appointed by the Police Chief." VILLAGE OF OAK BROOK Minutes Page 10 of 16 February 13, 2006 9. President Quinlan was advised by the Village Attorney that the original motion must be acted upon and in addition, he was advised that a prosecutor is an officer of the Village and no one other than the Board has the authority to appoint an officer of the Village. Therefore, the issue about who would appoint the prosecutor would need to be taken up by this Board or assigned to an officer of the Village and in this case the appropriate officer would be the Village Attorney. Otherwise the Board would need to take that duty upon itself. Those are the only legal ways that the Board can do this. Trustee Manofsky asked for a point of order. She indicated that she had asked that same question several months ago and was given different information. Her concern was that she was told that the Board did not have the authority to appoint a prosecutor. President Quinlan clarified that the Board always has the authority to act in an overriding manner. President Quinlan called for the vote. Trustee Kennedy asked for clarification as to what was being voted upon. It was clarified that the vote was the motion presented by Trustee Aktipis with the amendment that the prosecutor would be appointed by the Police Chief. ROLL CALL VOTE- Ayes: 3 - Trustees Aktipis, Craig, Manofsky Nays: 3 - Trustee Kennedy,Yusuf and President Quinlan Absent: I - Trustee Sanford. Motion failed. President Quinlan stated that under the rule of threes, he may vote in this situation and his response was no and the motion was out of order. President Quinlan asked for a motion on the original ordinance. Motion by Trustee Yusuf, seconded by Trustee Kennedy, for passage of Ordinance G -801 Amending Title 7, Chapter I (Motor Vehicles and Traf ic) of the Village Code ofw thee Village of Oak Brook, Illinois (DUI Prosecution). Additional discussion relative to the sanctions suggested by the Chief of Police in his proposal was the legality of the mandatory use of a breath interlock device since the Village of Oak Brook as a non -home rule entity cannot impose that requirement because it is not a part of the State of Illinois DUI provisions. Chief Sheahan responded that in practical terms there are frequent negotiations and that as part of those negotiations the Village may include the breath interlock device which he felt would set the Village apart from other communities and portray the Village as a tough enforcer. On the topic of prosecutors, Trustee Craig stated that previously prosecutors were not necessarily a part of the Village Attorney's firm. VILLAGE OF OAK BROOK Minutes Page I 1 of 16 February 13, 2006