August 28 2012 Minutes by KYSdIX0L

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									                     CITY OF OAKBROOK TERRACE
               MINUTES OF THE REGULAR CITY COUNCIL AND
                  COMMITTEE OF THE WHOLE MEETING
                        TUESDAY, AUGUST 28, 2012

I.     CALL TO ORDER

       The Mayor called the August 28, 2012, Regular and Committee of the Whole
       Meeting of the City Council to order at 7:00 P.M.

II.    ROLL CALL

       Roll call indicated that the following Aldermen were in attendance:

       Present:   Durham, Sarallo, Shadley, Thomas, Vlach, and Mayor Ragucci
       Absent:    Sayyed

       Also in attendance were City Clerk J. Leslie, City Manager J. Carpino, Police Chief
       W. Holakovsky, and Finance Director A. Marrero.

III.   PLEDGE OF ALLEGIANCE

       The Mayor led everyone in the Pledge of Allegiance.

IV.    ADDITIONS OR DELETIONS TO THE AGENDA

       None.

V.     APPROVAL OF MINUTES – CHANGES OR CORRECTIONS

       1. Regular Meeting Minutes Of August 14, 2012

       Motion to approve the minutes of the Regular City Council and Committee of
       the Whole Minutes of August 14, 2012 as presented was made by Alderman
       Durham, and seconded by Alderman Shadley.

       Ayes:      Durham, Sarallo, Shadley, Thomas, and Vlach
       Nays:      None

       Motion passed.

VI.    APPRECIATION PLAQUE & BANNER – Flood Brothers Disposal Co.

       Ragucci presented Bill Flood, President of Flood Brothers Disposal Company, with
       an appreciation plaque for the company’s generous $10,000 sponsorship for the
       City’s July 4th concert and fireworks. Ragucci also presented Flood with a banner
       that announced their Platinum level sponsorship. Ragucci and the Council thanked
       Flood for his firm’s generous donation.



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                     CITY OF OAKBROOK TERRACE
               MINUTES OF THE REGULAR CITY COUNCIL AND
                  COMMITTEE OF THE WHOLE MEETING
                        TUESDAY, AUGUST 28, 2012


VII.   PUBLIC PARTICIPATION

       None.

VIII. ACTION ITEMS/CONSENT AGENDA

       1. Payment Of City Bills: August 28, 2012 In the Amount of $192,496.42.
       2. Personnel And Payroll Report for July 2012
       3. Treasurer’s Report For July 2012
       4. Ordinance No. 12-40: An Ordinance To Approve And Authorize The Waiver Of
          The Building Permit Fee For The Oakbrook Terrace Park District
       5. Ordinance No. 12-41: An Ordinance Ratifying The Amendment Of The
          Provisions Of Section 33.006, Entitled "Applications; Appointments" Of Chapter
          33 Entitled "Departments, Boards And Commissions" Of Title III Entitled
          "Administration" Of The Code of Oakbrook Terrace, Illinois

            The Mayor asked the Council if there were any items to be removed from the
            Consent Agenda. Hearing none, he asked for a motion to establish a Consent
            Agenda.

            Motion that the items listed on the meeting agenda for August 28, 2012 be
            considered under the Consent Agenda was made by Alderman Durham, and
            seconded by Alderman Shadley.

            Motion passed unanimously through a voice vote.

            Motion to approve all the items contained on the Consent Agenda was made
            by Alderman Durham, and seconded by Alderman Thomas.

            Ayes:        Durham, Sarallo, Shadley, Thomas, and Vlach
            Nays:        None

            Motion passed.

IX.    ITEMS REMOVED FROM THE CONSENT AGENDA

       None.

X.     RECESS TO THE COMMITTEE OF THE WHOLE

       Motion to recess to the Committee of the Whole portion of this meeting was
       made by Alderman Durham, and seconded by Alderman Shadley.



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                    CITY OF OAKBROOK TERRACE
              MINUTES OF THE REGULAR CITY COUNCIL AND
                 COMMITTEE OF THE WHOLE MEETING
                       TUESDAY, AUGUST 28, 2012

      Ayes:     Durham, Sarallo, Shadley, Thomas, and Vlach
      Nays:     None

      Motion passed.

      The Regular Meeting recessed to the Committee of the Whole.

XI.   MAYOR RAGUCCI

      1. Greater Oak Brook Chamber of Commerce Corporate Community Forum On
         Wednesday, September 12, 2012 At 7:30A.M. At The Oak Brook Bath And
         Tennis Club. Contact Cheryl Downer To Register.
      2. DuPage Mayors And Managers Conference Business Meeting On Wednesday,
         September 19, 2012 At 5:45P.M. At The Doubletree In Oak Brook. Contact
         Cheryl Downer To Register.
      3. Appointment of John W. Valle, of 583 Nimitz, To The Board Of Police
         Commissioners For A Term To Expire June 2015. Ragucci noted this
         appointment will be voted on at the next meeting.

         Ragucci stated the Burger King on Summit closed on Sunday. Ragucci indicated
         he is in contact with the Heartland Corporation, the company holding the business
         license for the Burger King location, and will keep the Council apprised of any
         new development taking place at this location.

         Ragucci noted recently there was a discrepancy regarding the lateral hiring
         ordinance. Ragucci explained that it did not come from the City Attorney, but
         rather the mistake was made internally by staff. Marrero stated the normal
         procedure is to copy the ordinances, provided by the City Attorney, on to the
         City’s network shared drive. Marrero stated in this case, the original draft of the
         ordinance, which indicated the Board of Police Commissioners, was copied on to
         the City’s shared network drive. Marrero further explained that the revised
         ordinance was not copied on to the network’s shared drive, so that when the Clerk
         went on to the shared drive, she printed the original ordinance and this is the
         version that was subsequently signed by the Mayor.

         Carpino stated he along with Chief Holakovsky requested the original draft of the
         ordinance be changed from Board of Police Commissioners to Chief of Police.
         Carpino noted that the change was made and included in the March 27, 2012
         agenda packet. Carpino added that the Clerk’s Office never received the revised
         copy of the ordinance. Ragucci stated that he signed the Police Commission
         version of the ordinance.

         Carpino stated that once Holakovsky reviewed the original ordinance drafted by
         the City Attorney, he asked the City Attorney if it is possible for the Chief of


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                   CITY OF OAKBROOK TERRACE
             MINUTES OF THE REGULAR CITY COUNCIL AND
                COMMITTEE OF THE WHOLE MEETING
                      TUESDAY, AUGUST 28, 2012

          Police to receive the applications, but still have the power vested in the Police
          Commission to do the hiring. Carpino explained that staff just asked that the
          Police Chief still be responsible for advertising and applications. Durham
          confirmed this is what was discussed earlier by the Council. Carpino stated the
          Council adopted the Police Chief version, but that the Mayor signed the Police
          Commission version. Durham confirmed that tonight the Council readopted the
          Police Commission version.

          Durham suggested the Council receive the final version of all ordinances included
          on the consent agenda. Sarallo stated he agreed with Durham that he prefers the
          “Draft” watermark not be presented on final ordinances. Durham noted the
          Council should receive a copy of the ordinance from the consent agenda that will
          be signed by the Mayor. Marrero stated staff could leave the “Draft” watermark
          for Committee of the Whole discussions and remove the watermark for the
          consent agenda.

          Ragucci stated he received a letter from Jim Dvorak thanking Holakovsky and the
          Police Department staff for their efforts apprehending three (3) juvenile offenders
          who stole an ax from his neighbor’s garage on August 13, 2012 and then
          destroyed residential property.

XII.   COMMITTEE OF THE WHOLE CONSIDERATIONS

       1. An Ordinance Amending Section 32.017 Risk Management Provider

          Ragucci stated the City Code indicates that Arthur J. Gallagher Risk Management
          Services, Inc. provides liability and risk management insurance for the City.
          Ragucci said the City Attorney requested to update the City Code with more
          generalized terminology, since the City switched to a new risk management
          provider, Traveler’s, and a new broker of record, Wine Sergi. Ragucci referenced
          the draft ordinance prepared by the City Attorney.

          The Council concurred to place this item on the next consent agenda.

       2. An Ordinance Authorizing An Agreement Between SafeSpeed, LLC and The City
          Of Oakbrook Terrace

          Ragucci referenced the ordinance drafted by the City Attorney and the agreement
          between the City and SafeSpeed. Ragucci noted the City’s goal has been to
          establish an automated traffic light enforcement system which will promote public
          safety, reduce red light traffic violations, and reduce automobile crashes. Ragucci
          stated staff has been working on this issue for approximately one and a half years.
          Carpino stated back in 2010; the City received three (3) responses to a Request for
          Proposal (RFP). Carpino indicated that GATSO, RedSpeed Illinois, and


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         CITY OF OAKBROOK TERRACE
   MINUTES OF THE REGULAR CITY COUNCIL AND
      COMMITTEE OF THE WHOLE MEETING
            TUESDAY, AUGUST 28, 2012

SafeSpeed responded with proposals. Carpino stated each vendor was interviewed
back in January of 2011. Carpino noted after reviewing the data, staff determined
that SafeSpeed would be the preferred vendor for the City. Carpino stated staff
visited Safespeed’s corporate headquarters and the Hillside Police Department, as
they have a SafeSpeed program in place.

Carpino stated photo enforcement is not about revenue, but is to reduce motor
vehicle crashes. Carpino indicated last year the intersection at Route 83 and 22nd
Street was rated number six (6) in Illinois for vehicle crashes. Carpino stated that
IDOT recently made some roadway improvements at the intersection. Carpino
asked the Council to adopt an ordinance which would allow SafeSpeed to install a
photo enforcement camera system at 22nd Street and Route 83.

Carpino noted that Villa Park installed photo enforcement cameras at Roosevelt
and Summit. Carpino stated that if the City proceeds with the cameras, the State
of Illinois still has to approve permits for the cameras. Carpino stated that if the
State of Illinois issues a permit, then the City will need to prove on an annual
basis that the cameras are effectively reducing automobile crashes. Carpino stated
photo enforcement is appropriate, but not popular.

Carpino stated if the City opts to do adjudication, then a separate hearing would
need to take place at City Hall, for those individuals wishing to contest their photo
enforcement ticket in person. Carpino also noted that the vehicle owner is
responsible for the ticket, not the driver. Carpino noted if a person fails to pay
five (5) photo enforcement violations, then their license could be suspended.

Carpino requested to enhance the way the City prosecutes parking tickets.
Carpino stated currently people contesting parking tickets are required to attend
the Downers Grove Field Court. Carpino stated when people contest their tickets
in the Field Court they are required to pay substantial court costs over $100.
Carpino indicated that as long as the City will be holding administrative hearings
for both photo enforcement and towing fees, the City could prosecute its own
parking tickets as well. Carpino explained the City would receive the entire
amount of the parking ticket.

Durham asked if Villa Park experienced a decrease in accidents due to the
cameras. Holakovsky replied yes, accidents went down. Durham questioned the
provision in the contract were SafeSpeed requests reimbursement of $75,000 per
approach if the City cancels prior to the one (1) year mark. Chris Lai, Director of
Information Technology for SafeSpeed, replied that his firm absorbs all the initial
costs from permitting, engineering, equipment, to installation and in order to
recoup these costs they require a one (1) year commitment from the City. Durham
asked what happens if a lemon system is installed. Lai responded that there is no
cost to the City if the system is not working. Durham stated that the City will pay


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         CITY OF OAKBROOK TERRACE
   MINUTES OF THE REGULAR CITY COUNCIL AND
      COMMITTEE OF THE WHOLE MEETING
            TUESDAY, AUGUST 28, 2012

a minimum monthly fee of $500 per camera with a total of two (2) cameras for a
cost of $12,000 per year if the cameras fail to generate ticket activity.

Thomas asked if the City’s two (2) cameras were considered two (2) approaches
and if the City would be out $75,000 each, if the one (1) year contract went
unfilled. Lai replied yes the City has two (2) approaches. Lai indicated SafeSpeed
has never lost a client and research is done prior to the installation of the camera
to ensure its effectiveness. Lai added that SafeSpeed is very careful as to where
they install cameras. Lai noted that IDOT has very strict standards as to what will
be approved. Lai indicated that it takes approximately ten (10) months for the
entire process from permits to installation. Lai indicated that a public relations
campaign precedes the actual operations of the cameras.

Ragucci asked how much it will cost SafeSpeed for the cameras. Lai replied that
the construction alone for the 22nd Street and Route 83 location will cost
approximately $75,000. Thomas said the contract’s indicates that the City is
waiving the bid process, but the City Manager’s memo details the three (3)
responding vendor costs.

Thomas asked if the vendor pricing will suffice as a bid, because he would hate
for the City to go through this process without a bid. Carpino replied that the
vendors provided competitive pricing through the Request For Proposal (RFP)
process. Durham noted that SafeSpeed’s total cost is the lowest. Ramello
indicated that the City requested proposals on this project, rather than a sealed bid
process. Ramello stated that the ordinance must indicate that the City waived bids,
even though the City solicited proposals for this project. Ramello added that the
waive bids terminology actually protects the City.

Ramello asked SafeSpeed to discuss the other safety aspects of the cameras for
Amber Alerts and auto collisions. Lai replied beyond red light enforcement, the
camera is constantly recording. Lai indicated SafeSpeed offers a 30 day retention
policy. Lai explained the cameras can assist in solving crimes and provide live-
stream video for the Public Services Department. Carpino asked if the City can
view the Hillside camera feed as well. Lai replied yes, as long as an
intergovernmental agreement is reached between the two (2) entities.

Vlach asked what municipalities SafeSpeed services. Lai replied Hillside,
Melrose Park, Berywn, Stone Park, North Riverside, River Forest, Chicago
Heights, Country Club Hills, and other south suburbs. Ragucci stated that he
supports the use of photo enforcement at 22nd Street and Route 83. Ragucci stated
safety first, revenue second. Ragucci noted the cameras will be a deterrent and
save lives. Council concurred to place this item on the next consent agenda.




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                 CITY OF OAKBROOK TERRACE
           MINUTES OF THE REGULAR CITY COUNCIL AND
              COMMITTEE OF THE WHOLE MEETING
                    TUESDAY, AUGUST 28, 2012

    3. An Ordinance Amending Section 10.20 Entitled Administrative Adjudication Of
       Code Violations To Provide For An Automated Traffic Law Enforcement System
       And For The Administrative Adjudications Of The Automated Traffic Law
       Violations.

       Carpino stated that in order to enforce red light violations, the City will hold
       administrative adjudication hearings. Carpino said as long as the City is adopting
       this policy, the City might as well switch parking tickets and equipment violations
       to the administrative adjudication process as well. Holakovsky stated he supports
       the red light camera system. Holakovsky noted last year a total of 70 accidents
       occurred at 22nd Street and Route 83. Holakovsky stated a total of 25 accidents
       occurred so far this year. Holakovsky stated switching to administrative
       adjudication will mean revenue for the City and cut personnel costs. Ragucci
       noted the police officer does not have to attend the hearing. Holakovsky noted the
       sergeant on duty will oversee everything and testify as well. Holakovsky stated
       the City will be saving on overtime as well. Carpino noted all the revenue will be
       coming to the City.

       Council concurred to place this item on the next consent agenda.

XIII. COUNCIL MEMBER COMMENTS

    Durham stated she received an anonymous letter from concerned taxpayer about the
    Oakbrook Terrace Fire Department. Durham stated she did not know how to handle
    the letter, given that the City Council does not oversee the Oakbrook Terrace Fire
    District.

XIV. CITY MANAGER CARPINO

    Carpino stated Clark will conduct an outdoor spraying tonight, due to the concerns
    regarding West Nile virus. Carpino stated information regarding free DuPage County
    shredding events is located at the front counter. Carpino noted recently the City
    received a failing grade for the website. Carpino commented prior to receiving this
    grade; staff already planned to discuss website improvements with a vendor. Carpino
    noted since receiving this grade, Lori Dvorak and Cheryl Downer made significant
    changes to the City’s website. Carpino said that the current vendor, GovOffice,
    offered to upgrade the City’s website for a one time fee of $4,000 plus annual
    maintenance costs at the current level. Carpino explained this upgrade includes roll-
    over menus and allows more pictures that can be changed throughout the year.
    Carpino stated that the City will be proceeding to make website improvements
    through GovOffice, the current vendor. Carpino commented staff will be retrained on
    the system. Carpino asked Marrero the turn-around time for making the site
    improvements. Marrero replied three (3) to four (4) months. Carpino said a
    transparency button will be added to the City’s website.


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                    CITY OF OAKBROOK TERRACE
              MINUTES OF THE REGULAR CITY COUNCIL AND
                 COMMITTEE OF THE WHOLE MEETING
                       TUESDAY, AUGUST 28, 2012


XV.   CITY ATTORNEY RAMELLO

      None.

XVI. CITY CLERK LESLIE

      None.

XVII. RECONVENE THE CITY COUNCIL MEETING

      Motion to reconvene was made by Alderman Durham, and seconded by
      Alderman Thomas.

      Ayes:     Durham, Sarallo, Shadley, Thomas, and Vlach
      Nays:     None

      The Regular Meeting of the City Council reconvened.

XVIII. OLD BUSINESS

      None.

XIX. RECESS TO EXECUTIVE SESSION

      Motion to recess to Executive Session to discuss the review of Executive Session
      Minutes was made by Alderman Durham and seconded by Alderman Sarallo.

      Ayes:     Durham, Sarallo, Shadley, Thomas, and Vlach
      Nays:     None

      The Regular City Council Meeting recessed to Executive Session.

XX.   EXECUTIVE SESSION

      a. Review of Executive Session Minutes

      See separate minutes.




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                  CITY OF OAKBROOK TERRACE
            MINUTES OF THE REGULAR CITY COUNCIL AND
               COMMITTEE OF THE WHOLE MEETING
                     TUESDAY, AUGUST 28, 2012


XXI. RECONVENE THE CITY COUNCIL MEETING

    Motion to reconvene was made by Alderman Durham, and seconded by
    Alderman Sarallo.

    Ayes:        Durham, Sarallo, Shadley, Thomas, and Vlach
    Nays:        None

    The Regular Meeting of the City Council reconvened.

    ADJOURN

    Motion to adjourn was made by Alderman Durham, and seconded by Alderman
    Sarallo at 8:02P.M.

    Motion carried unanimously.

    Submitted,


    Aileen Haslett
    Recording Secretary




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