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R-844 - 04/22/2003 - AGREEMENT - Resolutions Supporting Documents! v iGE p F O4 P � 90 VILLAGE OF OAK BROOK 0 all c Village Board Transmittal Memorandum COUNT1 DATE: April 17, 2003 SUBJECT[': Renewal of Agreement with Village Prosecutor FROM: Richard B. Boehm, Village Manager.tt.� RECOMMENDATION: That the Village Board approve the Resolution Authoriz" ing Execution of Agreement for Prosecution of Traffic and Municipal Ordinance Violations as attached hereto. Attached is a resolution that authorizes execution of a new agreement with Linda Pieczynski to prosecute traffic and municipal ordinance violations for the Village. The Village initially retained Ms. Pieczynski as of March 1, 1995. The arrangement was renewed annually through 1999, with subsequent years being two -year contracts. The current agreement expires April 30, 2003.1 The propo'Ised agreement, which is an exhibit to the resolution, reflects an increase in the charge per two -hour court session from $148 to $160 (8.1% increase) and an increase in the rate per (quarter hour in excess of two hours from $26.25 to $28.00 (6.67% increase). The rate for consultation, research and M trial preparation increases from $105 to $112 (6.67% increase) per hour. The Village uses an average of 2.5 to 3 hours per month for such additional services, including the time associated with seminars on new developments in the law that Ms. Pieczynski delivers to the Police Department each year. There have been no interim fee increases in our prior agreements and the fees proposed in the new agreement would be effective for the entire two -year term as well. Ms. Pieczynski is very highly regarded by Village personnel with whom she works. The members of the Police Department, polled recently in roll call sessions, continue to support overwhelmingly the Village's relationship with Ms. Pieczynski. From the outset, the financial results of the relationship have been as anticipated. The inci of Ms. Pie c zynski's services (above what was previously being paid to the State's Attorne: ordinance prosecutions) has been more than offset by new revenue resulting from her we reference" adoption by the Board of the Illinois Vehicle Code (enabling most traffic vio written under Village Ordinance rather than State Statute) and the stronger advoca Pieczynski brings to the process on behalf of her client municipalities have been key fa outcome. This matter appears on the Active Agenda for your meeting on April 22, 2003. If you ha or would like further information, please be in touch with either Attorney Martens or me. RBB /mr attachment ]coda pieuinskl 2003-2005 doc nental cost s office for The "by tions to be l that Ms. :ors in that questions 8. IB. 3) RESOLUTION 2003- AG- TX -PRPTY-EXI -R -843 , "A RESOLUTION AUTHORIZING EXECUTION OF REAL ESTATE SALE CONTRACT - (A PORTION OF LOT 5 — SPORTS CORE /WESTCHESTER PARK SUBDIVISION)" A sealed offer to enter into a real estate sale contract for a portion of Lot 5 in the Sports Core /Westchester Park Subdivision was opened on Friday, April 4, 2003. Dr Samuel Vinci, owner of the remaining portion of Lot 5, submitted the only offer. He offered a sale price of Sixty Thousand Dollars ($60,000.00), the appraised value of this property. This Contract is in substantial conformity with the form of real estate sale contract which was included in the Offeror's Package. Dr. Vinci has submitted an earnest money check in the amount of Six Thousand Dollars ($6,000.00) as required under the terms of the Real Estate Sale Contract. A two - thirds (2/3) vote of the corporate authorities holding office is required to pass the Resolution. Motion by Trustee Konn, seconded by Trustee Caleel, that the Village Board approve Resolution 2003- AG -TX- PRPTY -EXI -R -843, "A Resolution Authorizing Execution of Real Estate Sale Contract (A Portion of Lot 5 — Sports Core /Westchester Park Subdivision) ". ROLL CALL VOTE: Ayes: 5 - Trustees Aktipis, Caleel, Craig, Konn and Miologos. Nays: 0 - None. Absent: 1 - Trustee Savino Motion carried. 04) RESOLUTION 2003 -AG -EXI -R -844, "A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROSECUTION OF TRAFFIC AND MUNICIPAL ORDINANCE VIOLATIONS" The resolution authorizes execution of a new agreement with Linda Pieczynski to prosecute traffic and municipal ordinance violations for the Village. The Village initially retained Ms. Pieczynski as of March 1, 1995. The arrangement was renewed annually through 1999, with subsequent years being two -year contracts. The current agreement expires April 30, 2003 The proposed agreement, which is an exhibit to the resolution, reflects an increase in the charge per two -hour court session from $148 to $160 (8.1 % increase) and an increase in the rate per quarter hour in excess of two hours from $26.25 to $28.00 (6.67% increase). The rate for consultation, research and trial preparation increases from $105 to $112 (6.67% increase) per hour VILLAGE OF OAK BROOK Minutes Page 11 of 15 April 22, 2003 E., RES 2003- AG -TX- PRPTY -EXI -R -843 - AUTH RL ESTATE SL RES 03 -AG -EX 1 -R- 844 - AUTH AGR - PRSCTN - TRAF & MUN ORD VIOL N A a VILLA( M. red 3. 4) The Village uses an average of 2.5 to 3 hours per month for such additional services, including the time associated with seminars on new developments in the law that Ms. Pieczynski delivers to the Police Department each year. There have been no interim fee increases in our prior agreements and the fees proposed in the new agreement would be effective for the entire two -year term as well Motion by Trustee Caleel, seconded by Trustee Korm, that the Village Board approve Resolution 2003 -AG -EX 1 -R -844, "A Resolution Authorizing Execution of Agreement for Prosecution of Traffic and Municipal Ordinance Violations." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 5) RESOLUTION_ 2003- SD -FP -R -845, "A RESOLUTION APPROVING AN AMENDED AND RESTATED FINAL PLAT (YORKSHIRE GLEN OF OAK BROOK RENAMED TO TUSCAN WOODS SUBDIVISION) The Resolution approves an Amended and Restated Final Plat of Tuscan Woods Subdivision, formerly known as Yorkshire Glen of Oak Brook. The plat also renames Glen Court to Tuscan Court. Motion by Trustee Miologos, seconded by Trustee Caleel, that the Village Board pass Resolution 23003- SD -FP -R -845, "A Resolution Approving an Amended and Restated Final Plat (Yorkshire Glen of Oak Brook Renamed to Tuscan Woods Subdivision)." ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and S avino Nays: 0 - None. Absent: 0 - None. Motion carried. AWARD OF CONTRACTS: 1) 2003 PAVEMENT REJUVENATION PROJECT The Village Board, at its February 25, 2003 meeting, waived bidding due to sole source, and authorized staff to negotiate a contract with Boecker to perform the Village's 2003 Pavement Rejuvenation Project. This year's pricing remained the same as the pricing for 2002. The project will include an estimated area of 142,395 square yards. Services to be provided include the supply and application of Reclamite preservative seal, limestone as field conditions require, distribution of resident notification letters and traffic control as required. JE OF OAK BROOK Minutes Page 12 of 15 April 22, 2003 RES 03- SD -FP -R -845 - RESTATED FNL PLT - YORKSHIRE GLEN TO TUSCAN WDS SUB AWARD CT