Loading...
Minutes - 05/13/2008 - Board of TrusteesMINUTES OF THE MAY 13, 2008 REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 10, 2008. 1. CALL TO ORDER The Regular 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 7:32 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 Jeffrey J. Kennedy, Kathryn F. Manofsky, Moin Saiyed, Robert G. Sanford and Gerald Wolin. ABSENT: Trustee James Carson. IN ATTENDANCE: David Niemeyer, Village Manager; Blaine Wing, Assistant Village Manager; Mark Sterk, Village Attorney; Dale L. Durfey, Jr., Village Engineer; Darrell J. Langlois, Finance Director; James Bodony, Fire Chief, Bruce F. Kapff, Director of Information Services & Purchasing; Margaret Klinkow Hartmann, Library Director, Michael J. Meranda, Public Works Director, Douglas Patchin, Public Works Foreman and Thomas Sheahan, Chief of Police. 3. PRESIDENT'S OPENING COMMENTS President Craig sadly announced that a long time village resident and former Village President, George Howell passed away on May 9, 2008. President Craig iterated his contributions to the Village and announced that in honor of his dedication and service to the Village the Village flag will be lowered to half mast for a period of one month. In light of the Cook County sales tax increase due to begin on July 1 President Craig reminded residential and business residents that Oak Brook has excellent services without a real estate tax and that the sales tax in Oak Brook is approximately 3% lower than Cook County and Chicago sale taxes and that the hotel taxes in Oak Brook are considerably lower. He announced that the Village teamed up with local hotels to broadcast via billboards the advantages of shopping and staying in Oak Brook. Chief of Police, Thomas Sheahan commended two officers, Parry Barnes and Robert Mudra He related their accomplishments and training. He explained that as part of the First Response Team officers are required to be certified in CPR, etc. The two officers were the first to respond to a home for an unknown emergency and found the victim not breathing, nor did she have a pulse. These officers initiated CPR and continued attempts to revive the victim until she responded. When paramedics arrived they took over and ultimately she fully recovered from the incident. The officers were instrumental in the victims recovery and are worthy of a Department Commendation. VILLAGE OF OAK BROOK Minutes Page 1 of 19 MAY 1312008 4. RESIDENT /VISITOR COMMENT Robert LaMantia signed in for visitor comment regarding the liquor license ordinance, but will hold his comments until that time on the Agenda. 5. APPROVAL OF MINUTES A. SPECIAL BOARD OF TRUSTEES MEETING OF APRIL 8, 2008 Motion by Trustee Wolin, seconded by Trustee Sanford, to approve the Minutes of the April 8, 2008 Special Board of Trustees Meeting as presented or amended. VOICE VOTE: Motion carried. B. REGULAR BOARD OF TRUSTEES MEETING OF APRIL 8, 2008 Motion by Trustee Wolin, seconded by Trustee Sanford, to approve the Minutes of the April 8, 2008 Regular Board of Trustees Meeting as presented or amended. VOICE VOTE: Motion carried. 6 CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. A. ACCOUNTS PAYABLE FOR PERIOD ENDING MAY 9, 2008 - $518,920.87 Significant Items included in Above: 1) Hitchcock Design Group — Payout #3 — 22" d Street Improvement Project - $4,016.73 2) Seyfarth Shaw — Legal Services - March, 2008 - $1,715.00. 3) Rimkus Consulting (Lorig matter) - Legal Services - February and March, 2008 - $4,446.00 B. APPROVAL OF PAYROLL- 1) For Pay Period Ending April 16, 2008 - $713,154.20 2) For Pay Period Ending May 3, 2008 - $732,735 35 C. COMMUNITY DEVELOPMENT REFERRALS — None presented. D. AUTHORIZATION TO SEEK BIDS OR PROPOSALS OR NEGOTIATE CONTRACTS — None presented VILLAGE OF OAK BROOK Minutes Page 2 of 19 MAY 133 2008 6. E. BUDGET ADJUSTMENTS — None presented F. ORDINANCE S -1234, AN ORDINANCE AUTHORIZING THE SALE, DONATION OR DISPOSAL OF CERTAIN ITEMS OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK Ordinance S -1234 includes 4 surplus chairs from various departments that have reached the end of their useful life and have been replaced with newer models. Department Directors were notified that these items were available but none had use for them in their departments. The requested action was for passage of Ordinance S -1234, An Ordinance Authorizing the Sale, Donation or Disposal of Certain Items of Personal Property Owned by the Village of Oak Brook G. ORDINANCE S -1235, AN ORDINANCE AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF OAK BROOK Ordinance 5 -1235 declares six vehicles and various Public Works equipment as surplus and authorizes their sale at the DuPage Mayors and Managers Conference surplus vehicle and equipment auction. The vehicles declared surplus are Unit 301 (marked squad), Unit 319 (marked squad), Unit 320 (marked squad), Unit 406 (water dep. vehicle), Unit 408 (village pool vehicle), and Unit 507(vac -all machine on chassis). The ordinance notes the age and the approximate current mileage for these vehicles (all Police vehicles have been replaced by newer models by previous Board action, and the Public Works vac -all is scheduled for replacement in 2009). The Conference charges a 15% administrative fee, that will be subtracted from the gross receipts. Also, a $50 charge is imposed on any vehicle or piece of equipment that is brought to the auction and does not sell. The auction is scheduled for Saturday, June 14, 2008 at Benedictine University, 5700 College Road, Lisle, Illinois Center, 8301 S. Janes Avenue, Woodridge, Illinois 60517, with bidding beginning at 10:00 am. As in past years, the Village is required to supply one staff person (usually a Police Officer) to assist the Conference with the auction. Village officers, employees and their families are not allowed to bid on Oak Brook surplus vehicles and equipment, but are allowed to bid on items from other organizations The requested action was for passage of Ordinance 5 -1235, An Ordinance Authorizing the Sale by Public Auction of Personal Property Owned by the Village of Oak Brook VILLAGE OF OAK BROOK Minutes Page 3 of 19 MAY 13, 2008 6. H. TREASURER'S REPORT — MARCH, 2008 I. WAIVER OF FEES — CHRIST CHURCH OF OAK BROOK — 501 OAK BROOK ROAD The Village has received a request from Mr. David Melvin, Executive Director of Ministry Services for Christ Church to consider waiver of fees associated with the proposed improvements to the Sanctuary and Oak Tree Children's Discovery Center. Both of these improvements were part of the most recent special use granted to the Christ Church. In the past, the Village has received and approved requests for waiver of fees from entities such as the Christ Church of Oak Brook and the DuPage County Forest Preserve District. Section 1 -14 -2 of the Village Code permits waiver of such fees for other governmental entities. 1 -14 -2: Waiver of Fees: Any governmental unit or any charitable organization as defined in the act to regulate solicitation and collection of funds for charitable purposes may request waiver of any fees established to this chapter. Upon such request the Village President and Board of Trustees may, in its discretion, waive any such fees imposed pursuant to the terms of this chapter. The action requested was to approve a waiver of the required fees for the proposed building addition and interior remodeling at Christ Church. J. DUPAGE MAYORS AND MANAGERS CONFERENCE 2008 -2009 MEMBERSHIP DUES AND ANNUAL ASSESSMENT The Village is in receipt of the DuPage Mayors and Managers Conference's dues invoice for the year ending April 30, 2009, in the amount of $7,721.16 (an increase of $216.35). It has been the Village Board's practice to consider and approve renewal of the Village's membership each year. In addition, the Village is also in receipt of an invoice for the Annual Debt Service Assessment in the amount of $1,478.59 (in agreement with the amortization schedule). This represents the eighth year's share of the Village's share of the Conference's building acquisition and expansion project costs. VILLAGE OF OAK BROOK Minutes Page 4 of 19 MAY 13, 2008 6. J. Conference membership is of value to the Village in meeting its goals and objectives: Intergovernmental Relations - The Conference has long been an effective voice for the interests of DuPage County municipalities both at the County and State levels. The Conference has fostered intergovernmental cooperation in countless ways over the years. It has raised and analyzed difficult issues for municipalities, thereby providing direct assistance to its members, and continues to be a voice of reason concerning issues of interest to Oak Brook. Legislation - The Conference is very active in the legislative arena on behalf of its members. In this regard it often supplements the Illinois Municipal League, but also often articulates a view more specific to our region and our county. The Conference's legislative programs are well- researched, well - articulated and increasingly respected in Springfield. • Transportation - Through its Transportation Committee, the Conference will direct allocation of federal surface transportation funds within DuPage County each year. The Village has benefited significantly from this program. In recent years, it has provided funding for major safety pathway projects currently under design and construction, including the 31 st Street bridge and pathway connections. The Village is expected to receive monies from this program to repave Jorie Boulevard in 2009. • Regulatory Issues - In collaboration with other municipal councils of government, the Conference continues to oversee the provision of consultant services to streamline municipal transition during the deregulation of the electric power, telecommunications, and cable TV industries. Other Special Programs - The Conference's semi - annual auctions of surplus vehicular equipment (trucks, squad cars, etc.) have benefited the Village in recent years. Since Oak Brook began participating in the auction program, we have consistently realized sale prices substantially above the trade -in values obtained in previous transactions. Member services will also be enhanced by offering more educational programming and leadership training. Oak Brook continues to be very active and visible in Conference affairs. The cost of membership is extremely low in comparison to the benefits the Village receives from membership. The requested action was to approve renewal of the Village's membership in the DuPage Mayors and Managers Conference for the year ending April 30, 2009 and authorize payment of membership dues in the amount of $7,721.16 and the Annual Debt Service Assessment in the amount of $1,478.59. VILLAGE OF OAK BROOK Minutes Page 5 of 19 MAY 13, 2008 6. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson.Motion carried. 7. ITEMS REMOVED FROM THE CONSENT AGENDA — None presented. 8. BOARD AND COMMISSION RECOMMENDATIONS — None presented. 9. UNFINISHED BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) BOARD OF FIRE AND POLICE COMMISSIONERS President Craig announced that he would defer these appointments until the whole Board is in attendance. B. ORDINANCES & RESOLUTIONS — None presented. C. AWARD OF CONTRACTS 1) WELLS #5 & 6 PULLING, INSPECTION, REPAIR AND REINSTALLATION Wells 45 & 6 are deep wells that are maintained for an emergency status in the event of water service interruption from the DuPage Water Commission. If there were a service interruption, the Village would utilize the wells to provide a safe and sufficient supply to customers until service is restored. The wells are operated on a monthly basis to obtain water samples for testing to insure that the water is safe should it be needed. Three sealed bids were opened on Wednesday, April 30, 2008. The legal notice soliciting bids was published on April 14th. Water Well Solutions and Municipal Water and Pump are disqualified because they do not meet Village specifications that require manufacturers certification for maintenance work on the Byron- Jackson pumps. To use a non - certified company could jeopardize the manufacturers warranty if repairs were incorrectly performed. Byron- Jackson has indicated that Layne - Western service crews are the only ones in Illinois that are certified to perform this type of work. Although Municipal Well & Pump has been disqualified as described above, they raised questions about whether the other two bidders based their bid on a four VILLAGE OF OAK BROOK Minutes Page 6 of 19 MAY 13, 2008 9. C. 1) man crew to remove the pump from the well, if their labor costs included Prevailing Rate of Wages and whether the pipe they are supplying is coated. Layne - Western and Water Well Solutions both stated that the specs were clear and they based their bid on a four man'crew, on coated pipe and meet State of Illinois prevailing wage requirements. It is important to note that the contract award amount does not include repair or replacement of major components (unit pricing of minor items have been included). The extent of any repair or replacement is unknown until the pump /motor, electrical cable and column pipe are removed from the well hole and inspected. Final cost could be significantly higher if extensive pump /motor repair or replacement is necessary. To this point, Well #6 failed to start which is a possible indication of motor or electrical cable problems. Motion by Trustee Wolin, seconded by Trustee Sanford, that the Village Board award a contract, subject to staff review, to the lowest responsive and responsible bidder, Layne- Western, Aurora, Illinois, in the amount of $110,602 as indicated on the attached bid tabulation, for the Wells #5 & 6 Pulling, Inspection, Repair and Reinstallation project. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson.Motion carried. 2) MOSQUITO ABATEMENT SERVICES CONTINUED FROM APRIL 8, 2008 MEETING This agenda item was continued at the April 8, 2008 Board Meeting to allow time for staff to research costs that other towns in the area incur for mosquito abatement services and if there are any other companies in the area that do this type of work. Doug Patchin, Public Works Foreman, surveyed surrounding towns. The survey showed that Oak Brook provides a high level of service and pays a lower dollar amount for comparable service levels than the survey respondents. Glen Ellyn and Wheaton did not respond to the survey. Naperville uses in house staff and purchase chemicals only. Downers Grove and Woodridge use in house staff to treat their catch basins. Downers Grove uses Clarke for ULV applications and Woodridge uses them for Larva site inspections and ULV applications. Hinsdale, Elgin, Lombard and Elmhurst also use Clarke for their mosquito abatement services and do not do any of the work in house. A Public Works Program Objective for 2008 is to research treating catch basins in house. This could maintain the existing service levels and further reduce costs (Clarke will let us pull this item out of future years of this contract). This would VILLAGE OF OAK BROOK Minutes Page 7 of 19 MAY 13, 2008 9. C. 2) also allow time for the new Public Works Director to research this and other costs - saving options. After the purchase of the treatment briquettes, the savings to the Village would be approximately $15,000 each year. This is not an option for us this year because in order to treat catch basins, employees must be trained, tested and certified for mosquito- specific chemicals. It could be implemented beginning in 2009 if time and scheduling allows. A Request for Bids was published, placed on the Village website and sent to the two companies that submitted bids last year. One sealed bid from Clarke was received and opened on Wednesday March 19, 2008. There is approximately a 5.5% increase in price in 2008 as compared to 2007. I contacted Adapco asking why they did not submit a bid. They stated that they no longer provide mosquito abatement services but sell the chemicals only. They also stated that they send bid packages for services to their sister company, Vector Disease Control's (VDCI) out of Arizona. I contacted VDCI and they stated that Adapco did not forward Oak Brook's bid package to them. VDCI was asked if they service any towns in our area and they stated that they will service the City of Chicago this year. VDCI sent me their contact information for future bid packages. The bid tabulation from 2007 which shows Clarke's price lower than Adapco's price by $9,470.50. The 2007 bid tab shows that Clarke came down significantly in price from the previous year due to the competition. Clarke has held the mosquito abatement services contract with the Village for many years and has performed adequately. The major services include: 1. Installation and maintenance of light traps to evaluate adult mosquito activity. 2. Inspection and treatment of known and potential breeding sites. 3. Stocking of mosquito fish in known surface waters where mosquitoes breed. 4. Treatment of catch - basins where mosquitoes breed and harbor. 5. Helicopter and backpack barrier treatment to areas with limited access. 6. Village -wide Ultra -Low Volume aerosol misting for adult mosquito populations. Trustee Wolin commented that there are a variety of ways to deal with mosquito abatement and that many municipalities are rethinking their methods of controlling mosquitoes. Some municipalities are suggesting that they do not want to continue to use the spraying of adult mosquito populations and he felt that it was a policy decision by the Board to determine what method the Village should use for mosquito abatement. He suggested when the new Public Works Director was in place that the Board schedule a Committee -of -the -Whole Meeting and ask Clarke Environmental Mosquito Management to provide information for alternatives. VILLAGE OF OAK BROOK Minutes Page 8 of 19 MAY 13, 2008 9. C. 2) Motion by Trustee Wolin, seconded by Trustee Sanford, that the Village Board approve a three year contract, subject to staff review, to the lowest responsive and responsible bidder, Clarke Environmental Mosquito Management, Roselle, Illinois in the amount of $240,839.50 ($76,831.50 for 2008, $80,430.50 for 2009 and $83,577.50 for 2010) as indicated on the bid tabulation, for mosquito abatement services. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson. Motion carried. 3) 2008 SWIMMING POOL MANAGEMENT AGREEMENT CONTINUED FROM APRIL 22, 2008 In 2005, Village staff interviewed two pool management /operation companies as part of an effort to streamline services. In 2006, the Village Board authorized the privatization of the Village's pool management and operations and awarded a contract in the amount of $72,090 to Jeff Ellis Management (JEM). A similar agreement with JEM was also approved for $70,632.13 in 2007. During those two years, the Village's aquatic facilities saw several improvements to areas including: lifeguard training, swimming lessons, as well as greater general accountability. In early 2008, the Village received a proposal from JEM to again provide management and operational services. This original proposal contained some additional costs associated with the swim team as well as management. Staff was able to work with JEM to reduce some of these costs and a revised proposal in the amount of $80,338, which was the proposal that was presented to the Village Board in April. Motion by Trustee Manofsky, seconded by Trustee Saiyed, to waive competitive bidding and approve the Professional Aquatic Facility Management Service Agreement between the Village of Oak Brook and Jeff Ellis & Associates, LLC. for pool management services for the 2008 swim season in the amount of $70,060, but not to exceed $75,000 with any optional management services, subject to the Village Attorney's final review. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson. Motion carried. D. RED LIGHT PHOTO ENFORCEMENT RECOMMENDATION On March 24, staff provided the Village Board with information on Automated Traffic Law Enforcement (ATLE). Two vendors (Red Speed and Redflex) were in attendance and presented their company's products and services. Per the Village Board's request, staff has worked with both vendors on possible contracts and VILLAGE OF OAK BROOK Minutes Page 9 of 19 MAY 13, 2008 9. D. pricing. Additionally, internally staff has met several times in order to determine which vendor staff felt would provide a better solution for the Village. Enhanced traffic safety is the goal for the Automated Traffic Law Enforcement program. Per the Illinois Department of Transportation, Red Light Running (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 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. 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 VILLAGE OF OAK BROOK Minutes Page 10 of 19 MAY 13, 2008 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: No photograph is taken of the driver during the violation.) Proposed Locations: In August of 2007, the Oak Brook POLICE Department along with Village Manager Niemeyer, 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 Per the Village Board's direction, the location with the next highest volume of crashes was also added. (However, it should be noted that internally some staff members feel the fourth, not third, highest volume location should be selected. The fourth highest volume is 31" Street / RTE. 83). Below are the proposed locations with the 2006 and 2007 crash totals. 1 Butterfield Road / Meyers Road 2006-39 2007-66 2 22nd Street / Spring Road 2006-62 2007-56 3. 22nd Street / M I DWEST Road 2006-51 2007-76 4. 31 st Street / RTE. 83 2006-34 2007-64 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 Adjudicator. (Note: Staff has scheduled a meeting with an adjudication hearing firm to obtain a proposal.) 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 VILLAGE OF OAK BROOK Minutes Page 11 of 19 MAY 13, 2008 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 the 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. The vendor that staff is recommending does not pass along a fee to the municipality VILLAGE OF OAK BROOK Minutes Page 12 of 19 MAY 13, 2008 9. D 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 yet, but all are in the process to be up and running shortly. At this time, staff is seeking authorization to work with Redflex as the selected vendor As cited in Lt. Weber's memo, the net revenue from Redflex is higher under a variety of assumptions and we would not be required to pay a fee to reject a citation. If approved, staff will draft an adjudication hearing ordinance, as well as finalize an agreement with Redflex to be the Village's Automatic Traffic Law Enforcement vendor Trustee Saiyed indicated that he was not comfortable with making a motion to go forward with this program because he had concerns and questions for which he would like to get more information. Trustee Wolin indicated that he felt the presentations from both companies were very impressive and he trusted staff's judgment on the selection of the vendor. He felt that this was virtually a no risk proposition. It could be tried and if it works it could be kept for no expense to the Village and that if it did not work, it could be discontinued. He would like to have clarification of those facts. He felt that if this program would increase safety at dangerous intersections he felt the Village should go forward. He suggested trying it at one location. Trustee Sanford indicated that he was more skeptical because the term revenue was used more often than safety and that his concern was regarding right turn on red violations. He also expressed concern for what he believed would be costs for removal of equipment if the Village chose to discontinue the program. Trustee Kennedy concurred with Trustee Sanford that in his reading of the contract, which was for five years, that there were substantial penalties for terminating the contract. In addition there were substantial fees for removal of the equipment. He estimated that the cost could be 100,000 to 150,000 dollars. He also had concern for the controversy regarding the systems. Chief Sheahan responded that there are four or five intersections with an inordinate quantity of accidents. He assured the Board that staff never looked at the program for revenue, but to cut down on vehicle crashes. He suggested that trustees in small group sessions meet with the vendors to be assured that all of their questions and concerns were addressed. President Craig expressed his opinion that the vendor should be a local vendor. Motion by Trustee Saiyed, seconded by Trustee Manofsky, to continue final action on the Red Light Photo Enforcement Recommendation. VOICE VOTE: Motion carried. VILLAGE OF OAK BROOK Minutes Page 13 of 19 MAY 13, 2008 10. NEW BUSINESS A. CONFIRMATION OF APPOINTMENTS 1) BOARD OF TRUSTEES OF POLICE PENSION FUND The Police Pension Fund Board of Trustees is made up of five (5) members, three (3) are elected members and two (2) are appointed with staggered terms that expire every two years. Alan Feldman's is interested in seeking a re- appointment to the Board of Trustees of the Police Pension Fund and to date this is the only application for this appointed position. The re- appointment will expire in May of 2010. President Craig recommended re- appointment of Alan Feldman to the Board of Trustees of the Police Pension Fund with a term to expire in May, 2010. Motion by Trustee Kennedy, seconded by Trustee Manofsky, to concur with President Craig's re- appointment of Alan Feldman to the Board of Trustees of the Police Pension Fund with a term to expire in May, 2010. VOICE VOTE: Motion carried. A. LIBRARY COMMISSION The Library Commission is made up of seven (7) members with staggered terms that expire every three years. President Craig recommended the re- appointments of Madeline Bell, Randa Bishlawi, William Duff, Veena Mediratta and Janice Skowron to the Oak Brook Library Commission and to appoint Anita Nayak to fill a current vacant term on the Library Commission. VOICE VOTE: Motion carried. B. ORDINANCES & RESOLUTIONS 1) ORDINANCE G -859, AN ORDINANCE AMENDING TITLE 4 (BUSINESS AND LICENSE REGULATIONS), CHAPTER 1 (LIQUOR CONTROL), SECTION 15 (CONDITIONS OF LICENSE) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS RELATIVE TO PERMITTED HOURS FOR SALE AND CONSUMPTION The Village has received a request from the owner of Al -Di -La requesting that they be allowed to sell liquor until 2 a.m. on Friday's, similar to their Saturday hours. Currently, Village liquor license regulations allow liquor license holders to sell and serve liquor until 1 a.m. on Friday's. The owner indicated in his request that surrounding communities are open until 2:00 a.m. on Friday's and he felt that VILLAGE OF OAK BROOK Minutes Page 14 of 19 MAY 13, 2008 he was losing business due to the fact that he had to close earlier. The Village Clerk's office did a survey and confirmed that it was true that most surrounding communities are indeed open on Friday's until 2:00 a.m. Village President John Craig, who is also the Liquor Commissioner, recommended changing the code to allow all liquor license holders to be open until 2 a.m. on Friday's. Police Chief Sheahan did not see a problem with allowing liquor license holders to be open until 2 a.m. on Friday's. President Craig and the Village Manager suggested that the ordinance be revised to add a classification which would carry the extra hours for a higher fee and that action be deferred until those changes are made in the ordinance. Robert LaMantia of Al di La reiterated his concerns that he and the Village were losing business because surrounding communities were open later on Friday evenings and customers would leave about midnight and take their business elsewhere. Trustee Manofsky expressed concern for the general hours in the current ordinance which states that establishments could open at 6:00 a.m. Trustee Sanford suggested that the Oak Brook Area Association of Commerce and Industry be contacted for their input regarding hours of operation. Trustee Kennedy had concerns about changing Oak Brook ordinances because other communities are doing it. He did not feel concern about bar customers leaving Oak Brook at midnight to go elsewhere to drink before they drive home. He felt he would rather not have them on Oak Brook streets, therefore, he was not sure that he would vote for an extension of hours. Motion by Trustee Manofsky, seconded by Trustee Sanford, to continue Ordinance G -859, An Ordinance Amending Title 4 (Business And License Regulations), Chapter 1 (Liquor Control), Section 15 (Conditions Of License) Of The Village Code Of The Village Of Oak Brook, Illinois Relative To Permitted Hours For Sale And Consumption. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None Absent: 1 — Trustee Carson. Motion carried. B. 2) ORDINANCE G -858, AN ORDINANCE AMENDING SECTIONS 2 -5 -2 AND 2 -5 -3 OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK RELATING TO THE HOTEL, CONVENTION AND VISITORS COMMITTEE The Oak Brook Hotel, Convention and Visitors Committee is made up of nine (9) members with terms that expire every February 28th. The committee is consists of six (6) persons who operate or manage a hotel or motel within the Village of Oak Brook, one (1) representative of the Oak Brook Chamber of Commerce, one (1) representative of Oakbrook Center, and one (1) resident -at- large. VILLAGE OF OAK BROOK Minutes Page 15 of 19 MAY 135 2008 10. B. 2) President Craig directed the Village Attorney to prepare an ordinance change that would add one (1) more resident -at -large to this committee. This addition would mean amending sections 2 -5 -2 and 2 -5 -3 of the Village Code of the Village of Oak Brook relating to the Hotel, Convention and Visitors Committee. Motion by Trustee Saiyed, seconded by Trustee Manofsky, for passage of Ordinance G -858, An Ordinance Amending Sections 2 -5 -2 and 2 -5 -3 of the Village Code of the Village of Oak Brook Relating to the Hotel, Convention and Visitors Committee. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson. Motion carried. C. AWARD OF CONTRACTS — None presented. D. CONTRACT REVISION — IN -CAR VIDEO CAMERA SYSTEM — INTEGRATED TECHNOLOGIES, LLC Following a competitive proposal process, the Village Board, at its meeting of February 27, 2007, awarded a contract for the Digital Patroller (DP) Mobile Video Solution to Integrated Technologies LLC, at a total cost of $113,585 (using DUI Technical Funds that can only be used to purchase equipment for DUI enforcement - $250 per DUI conviction). Although the DP system performed acceptably during pre- contract award trials, it failed to meet the requirements of the RFP, specifically the ability to transfer videos from the squad units to the video server in the Village Hall. Staff from both Integrated Technologies and the Village spent a great deal of time and expense (no charge to the Village) to work with the DP manufacturer to make the system work, but the system could not be corrected. To Integrated Technologies' credit, they spent much more time and expense trying to correct the problems than we have seen by contractors on other projects. Even after the DP product failed, they still wanted an opportunity to meet the Village's in -car video needs Village staff agreed to a trial of Integrated Technologies' Silent Partner (SP) Mobile Digital Video System. Village staff is very satisfied with the results, which included onsite use of an SP- equipped vehicle by Police Department personnel and a visit to a municipality that has the SP product installed. The proposed contract revision is to replace the Digital Patroller (DP) Mobile Video Solution that was awarded by the Village Board at its February 27, 2007 meeting. Integrated Technologies' proposal is to replace all 11 of the DP units with the new SP units, including all hardware, software, configuration, training — at no additional cost VILLAGE OF OAK BROOK Minutes Page 16 of 19 MAY 13, 2008 10. D to the Village. Integrated Technologies warrants that, for a period of 1 year, the SP system will be free from defects in material and workmanship, and that Integrated Technologies will repair or replace any defective items. Pricing for the Extended Warranty (beyond the first year) is shown on the second page of the Warranty and is the same as had been approved for the DP system. Police Lieutenant Cates added that two officers with technical expertise visited the community that had experienced the same problems that Oak Brook had experienced. The problem was that the system purchased would not upload the data from the vehicles to the servers. This feature had been one of the key components that the Village was looking for when the new system was purchased. The Police Department wanted the ability to store the data on a server in the Village. The original equipment purchased by the municipality in Wisconsin was the same as the units the Village of Oak Brook has was replaced with the new SP units. Officers Birdsall and Kozlowski went through the new system in the vehicle, watched the uploads to the server and felt assured that the system was working properly. In addition, another agency brought one of their vehicles which had also been changed over from DP to SP to Oak Brook and allowed our officers test it and ask questions. Both of the other agencies have had positive experiences with the new system. Motion by Trustee Saiyed, seconded by Trustee Sanford, that the Village Board accept the proposed Contract Revision from Integrated Technologies, LLC, Elm Grove, WI, that will replace the originally awarded Digital Patroller Release 2 In -Car Digital Video Capture System with the Silent Partner Mobile Digital Video System, at no additional cost to the Village subject to review of the Village Attorney. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson. Motion carried. E POLO FIELD 2 USAGE — ILLINOIS SAINT ANDREW SOCIETY — HIGHLAND GAMES This year the Illinois Saint Andrew Society (ISAS) will be conducting their 22nd annual "Highland Games" and as in the past has requested the use of the Village of Oak Brook's Sports Core Fields 2 & 3. All public safety departments have been notified and an independent company has been contracted by the ISAS (in coordination with Village staff) for pedestrian and vehicle control. This year the ISAS will be paying a total rental fee of $11,000.00, a $1,000.00 increase from 2007. Trustee Kennedy has several technical corrections within the contract. VILLAGE OF OAK BROOK Minutes Page 17 of 19 MAY 13, 2008 10. Motion by Trustee Manofsky, seconded by Trustee Kennedy, to approve the usage agreement between the Village of Oak Brook and the Illinois Saint Andrew Society for Field Usage at the Sports Core for the 2008 Highland Games subject to technical corrections provided by Trustee Kennedy. ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 - None. Absent: 1 — Trustee Carson. Motion carried. 11. INFORMATION & UPDATES A. VILLAGE PRESIDENT — President Craig announced that a lawsuit against the Village had been resolved with no detriment to the Village. B VILLAGE MANAGER — Manager Niemeyer announced that plans were underway in celebration of the 50th Anniversary for the Taste of Oak Brook which is scheduled for July 3 from 4:00 p.m. — 9:00 p.m. along with Oak Brook's fireworks display. He encouraged participation to support local establishments. Manager Niemeyer also announced openings at the Bath & Tennis Club for supervisors for the poolside grill for the summer months. He encouraged residents with college age children over 21 to consider applying for these positions. C. VILLAGE CLERK — Clerk Pruss reminded residents that the Bath & Tennis Club Wednesday Lunch Buffets begin May 28. 12 ADJOURN TO CLOSED MEETING to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1) and to consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11) . Motion by Trustee Kennedy, seconded by Trustee Manofsky, to adjourn to Closed Meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity (2c 1) and to consider litigation, when an action against, affecting or on behalf of the Village has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent (2c 11). ROLL CALL VOTE: Ayes: 5 - Trustees Kennedy, Manofsky, Saiyed, Sanford and Wolin. Nays: 0 -None Absent: 1 — Trustee Carson. Motion carried. VILLAGE OF OAK BROOK Minutes Page 18 of 19 MAY 13, 2008 13. ADJOURNMENT Motion by Trustee Kennedy, seconded by Trustee Wolin, to adjourn the Regular Meeting of the Board of Trustees at 10:22 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Charlotte K. Pruss Charlotte K Pruss Village Clerk VILLAGE OF OAK BROOK Minutes Page 19 of 19 MAY 13, 2008