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G-745 - 03/23/2004 - TRAFFIC - Ordinances Supporting Documents• � 7 j_tJ;l#_ J • I ,r �• I 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 '., o G � O Z �OUNTI 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