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AGENDA ITEM
Regular Board of Trustees Meeting
of
March 23, 2004
SUBJECT: DUI Prosecutions
FROM: Kenneth T. Kubiesa, Village Attorney
BUDGET SOURCE /BUDGET IMPACT:
RECOMMENDED MOTION: I move to pass Ordinance 2004 -TC- DUI -G -745, An
Ordinance Amending Title 7, Chapter 1 (Motor Vehicles and Traffic) of the Village Code
with references to Driving Under the Influence charges.
Backi!round/History:
By adopting the driving under the influence provisions of the Illinois Vehicle Code and the fine
and penalty provisions of the Vehicle Code, the Village can prosecute those and related
provisions of the Vehicle Code under Village Ordinance and thereby control the enforcement
process and generate fines and penalties for the Village's general fund. It is estimated that in the
first year of this program, the net benefit to the Village's general fund could be in the range of
$50,000. President Quinlan asked that I review this program and prepare the necessary
ordinance to implement same.
Recommendation:
To approve an Ordinance amending Title 7 (Motor Vehicles and Traffic) of the Village Code to
adopt the fine and penalty provisions of the Illinois Vehicle Code with reference to Driving
Under the Influence and thereby allow for Village prosecution thereof. The Ordinance also
allows the Village Prosecutor to retain an assistant village prosecutor for the purpose of
prosecuting the DUI offenses under the Village Code.
Last saved by Default J \WORDDOC\BOARD MEMOS\DUI doc j� rk
Last printed 3/19/2004 10 21 AM ,`'
9. B.2) In each case these funds only have one budget program; thus, to solve a budget
variance an increase in the total fund appropriation is required. In the case of the
Foreign Fire Insurance Tax Fund, this Board authorized additional purchases that
were not originally budgeted for (the Village Board does not control use of these
funds). In the other three funds, the transfers necessitated by the cost of vehicle
maintenance and pension benefits and refunds is not entirely predictable and
variances may occur that are beyond the Village's control
Trustee Korin noted two segments that are extremely high and voiced her concern
that budgeting should be more on target and by transferring funds doesn't make it
accountable. She stated accountability needs to be made and asked that
department directors meet their budget Trustee Miologos agreed with Trustee
Korin that in ordinance form the departments meet their budget. If a department's
budget is over 5% they should come before the Village Board for approval
President Quinlan suggested that the budget process is managed by the Village
Manager and any large variance would be presented to the Village Board.
Manager Boehm explained that a record is made of when departments are over
budget and the Village is meeting State statute in this type of accounting
procedures and that staff is aware that the Board oversees the budget
President Quinlan explained that the adjustments are required to meet audit
standards and he noted that those departments that are over budget will need to
explain what has occurred.
Trustee Aktipis stated the Village Manager is doing a very responsible job to
ensure that the departments are operating correctly.
Motion by Trustee Yusuf, seconded by Trustee Korin, to pass Ordinance 2004 -
BU-EX 1 -5 -1066, "An Ordinance Authorizing Transfers Among Budget Line
Items which authorizes transfers among budget line items for the year ended
December 31, 2003 " ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Miologos and Yusuf.
Nays: 0 - None.
Absent:I - Trustee Caleel. Motion carried.
ORDINANCE 2004 -TC- DUI -G -745, "AN ORDINANCE AMENDING TITLE 7,
3 ,
CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)"
By adopting the driving under the influence provisions of the Illinois Vehicle Code
and the fine and penalty provisions of the Vehicle Code, the Village can prosecute
those and related provisions of the Vehicle Code under Village Ordinance and
thereby control the enforcement process and generate fines and penalties for the
Village's general fund. It is estimated that in the first year of this program, the net
benefit to the Village's general fund could be in the range of $50,000.
VILLAGE OF OAK BROOK Minutes Page 7 of 10 March 2 3, 2004
9. B 3) Staff recommends an Ordinance amending Title 7 (Motor Vehicles and Traffic) of
the Village Code to adopt the fine and penalty provisions of the Illinois Vehicle
Code with reference to Driving Under the Influence and thereby allow for Village
prosecution thereof. The Ordinance also allows the Village Prosecutor to retain an
assistant village prosecutor for the purpose of prosecuting the DUI offenses under
the Village Code
Motion by Trustee Yusuf, seconded by Trustee Miologos, to pass Ordinance 2004 -
TC- DUI -G -745, "An Ordinance Amending Title 7, Chapter 1 (Motor Vehicles and
Traffic) of the Village Code with references to Driving Under the Influence
charges." ROLL CALL VOTE:
Ayes- 5 - Trustees Aktipis, Craig, Konn, Miologos and Yusuf.
Nays. 0 - None.
Absent: l - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS
1) PHASE 3 ENGINEERING SERVICES (CONSTRUCTION ENGINEERING) —
31 ST STREET BICYCLE/PEDESTRIAN PATH
At the February 22, 2000 Board of Trustees meeting, the Phase II Engineering
Agreement with Civiltech Engineering was approved which directed the Engineer
to provide design plans and specifications. Since that time, Civiltech has been
proceeding with the Phase II Engineering work and has developed final plans and
specifications which were submitted to IDOT and approved. IDOT will be
processing the final plan documents, bidding the project, and awarding a contract
which will be administered by IDOT.
The next step is to have an agreement with an engineering consultant to perform
Phase III engineering inspection services. IDOT also reviewed it, had comments,
and the proposed agreement is the final revised version. The Village should
approve the agreement, execute it, and send it to IDOT for their processing The
Engineer's Construction Cost Estimate is $1,116,216.35.
The engineering part of this project is part of an Illinois Transportation
Enhancement Program Grant. The cost sharing is 80% Grant /20% Village. As
such, the Village would be liable for approximately $25,900 of this Phase III
Engineering Cost. The construction is part of the Illinois' Transportation
Enhancement Program Grant and an STP -TCM Federal /IDOT Grant The Village
will be liable for about 22% of the construction cost.
Staff is hoping to make the IDOT bid letting date of June 11, 2004. Construction
would commence this fall and be completed during 2005.
VILLAGE OF OAK BROOK Minutes Page 8 of 10 March 23, 2004
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Village of
ak Brook
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak - brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak gook
Public L.ibrary
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 6' )0 990 0245
March 24, 2004
Sterling Codifiers, Inc.
Attention: Robertson S. Rollins, General Manager
7600 Mineral Drive
Coeur d'Alene, ID 83 814
Dear Rob:
The Village Board, at their Board Meeting of Tuesday, March 23, 2004, passed
and approved the following ordinances:
ORDINANCE 2004- TX -S -G -744 AN ORDINANCE IMPOSING MUNICIPAL
RETAILERS' OCCUPATION TAX AND SERVICE OCCUPATION TAX AND
AMENDING TITLE 5 OF THE VILLAGE CODE OF THE VILLAGE OF OAK
BROOK, ILLINOIS WITH RESPECT THERETO
/ORDINANCE 2004 -TC- DUI -G -745 AN ORDINANCE AMENDING TITLE 7
CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE
OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION)
The above Ordinances are being forwarded to your for inclusion in the Code of
Ordinances of the Village of Oak Brook. I would appreciate your acknowledging
receipt of these Ordinances.
Sincerely,
Richard B. Boehm
Village Manager
RBB/jr
Enclosure