Village of East Dundee - Board Meeting Agenda - 03/23/2015

http://www.eastdundee.net/EDApps/vwide/edbdagens.nsf/WebMain/1A0511BAD218379086257E0E0074204B?OpenDocument[3/20/2015 4:09:23 PM]

Village of East DundeePRESIDENT AND BOARD OF TRUSTEES

Committee of the WholeMonday, March 23, 2015

06:00 PMCall to Order

Public Comment: Agenda items only - Please keep comments to 5 minutes or less

Old Business

A. Red Speed Contract Renewal

New Business

A. Amendment to the Business Development DistrictsB. Capital Improvements PlanC. 2015-2016 Budget Discussion

Reports: Village Engineer

Executive SessionRecess to Executive Session Executive Session, closed to the public and media under the provisions of the IllinoisOpen Meetings Act, 5ILCS, 120/2, (2) (21), Discussion of Minutes, (C) (6), Pending Litigation, 2 (C) (1), Personneland 2 (C) (5) Acquisition of Property.

Public Comment - Please keep comments to 5 minutes or less

Adjournment

120 Barrington Ave - East Dundee, IL 60118 Phone: 847-426-2822 Fax 847-426-2956

INTEROFFICE MEMORANDUM

TO: Robert Skurla, Village Administrator

FROM: Terry A. Mee, Chief of Police

DATE: March 19, 2015

SUBJECT: RedSpeed Contract Extension

The following information is offered in advance of further Village Board discussion and review

of the issue of approving an extension of the RedSpeed contract for photo redlight camera

operations; Village of East Dundee operations which have conformed to and continue to conform

to the State law regulating photo redlight camera operations. As a way of introduction,

RedSpeed has been and continues to be a very professional, well-respected, responsive,

collaborative, and competent provider of the service that will have provided to the Village for six

years in September of this year.

We have two operating redlight cameras; one for W/B Rt. 72 at Rt. 25 and one for S/B Rt. 68 at Rt. 72. The first camera (Rts. 68 & 72) went live on 09/11/09; and the

second one went live in February, 2011. The first live date has formed the basis for

the initial six year contractual agreement which terminates on 09/11/15. The contract

extension allows for two consecutive three year extensions of that agreement.

Both cameras are on State ROWs in conjunction with traffic signalization that is under the total engineering and maintenance control of the Illinois Department of

Transportation (IDOT); and any redlight cameras on IDOT-controlled roadways (like

ours) must conform to the permitting, placement, and engineering standards and

regulations mandated by IDOT. That signalization conforms to the national Manual on

Uniform Traffic Control Devices (MUTCD). In that regard, the Village of East Dundee

has no control over the timing of the signalization changes.

Specifically regarding the timing of the yellow lights in conjunction with the camera operations, the MUTCD calls for a variance in the timing of the yellow signal, based on

the type and speed of the roadways, etc. Generally, however, the MUCTD calls for a

minimum of a three second yellow signal (again, depending upon roadway type and

speed limits) and sets the timing in conjunction with those conditions.

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Because of the recent focus on yellow light timing at the camera intersections, I undertook a number of follow-up actions. I reviewed at least 25 violation videos that

recorded the traffic signal sequencing, and in each of those cases the yellow light

timing was consistently about three seconds. I use the word, about, because the

method of measurement was without the benefit of precise, scientifically recognized

timing equipment. It should also be noted that most of the violation videos do not show

the entire sequencing, because most violations occur well after the signal has turned to

red; and the yellow light is not a factor. Additionally, I monitored both of the camera

intersections for at least 30 minutes at different times and noted the same consistency in

yellow light timing; either three seconds or four seconds, depending upon the

sequencing with turn arrows, etc. I also captured several violation videos that captured

the signal sequencing to include the yellow light and demonstrate that the yellow

appeared for, again, about three seconds; and those videos could be viewed for

confirmation. As an additional note, I requested and received confirmation that IDOT

would make a current inspection of the camera intersections to insure the proper setting

of the sequencing of the lights (including yellow) at those locations. I have not, as yet,

received the documentation of any recent such tests of those signals.

Regarding the required posting of the 36 Month Crash Statistical Analysis (based on IDOT crash statistics) on our website, the one for the intersection at Rts. 68 and 72 is

clearly posted on the Village News page of the website and in the Police Department

section. The one for the other intersection cannot be prepared and posted until IDOT

publishes its crash data later this year. In the case of the Analysis that is posted, it

shows a decrease in crashes at the intersection since the camera was installed. Those

considering that data will need to draw their own conclusions about it.

The following is some philosophical and other statistical data regarding photo redlight

enforcement. There are two facets to the camera equipment: promotion of safety at the

intersection; and revenue. There is no denial that revenue plays a role in the decision to

install the equipment. East Dundee is not unique in this regard. Approximately 50

communities in the Chicago metro area and other parts of the state have installed the

RedSpeed equipment. It is estimated that about 90-100 communities in the Chicago

metro area and beyond have such equipment provided by RedSpeed and other vendors.

Cook County government had some years ago contracted to install that equipment for at

least 15 intersections of County roadways - to start. The following communities

immediately surrounding East Dundee have currently functioning photo redlight

equipment: West Dundee (one currently functioning and one soon to start functioning,

again, after a period of roadway construction); Hoffman Estates; Algonquin; Lake in

the Hills; Elgin; and South Elgin. Obviously, that camera equipment is not unique to

East Dundee. Among communities that have contracted with RedSpeed, as we have,

the standard approval rate of violations is 40% plus. East Dundee is approving

violations at a rate in the average range of about 15-22%, and we have the lowest

violation approval rate of all of the RedSpeed contracted communities. Only those

violations that clearly involve no stop and/or not even a reasonable hesitation before

entering the intersection on a redlight right turn are approved for notice to the violator.

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We have taken a conservative approach to the final approval of violations; however, the

failure to stop at a redlight before making a right turn is still a violation of the traffic

law. If an Officer had been monitoring traffic at the intersection at the time of any of

our approved violations, I would have expected that Officer to make a traffic stop for

that violation.

Picking the most recent three month period, RedSpeed referred a monthly average of

2,034 violation videos (all redlight violations) to us; and we approved a monthly

average for those months of 21% of them.

The Village offers a monthly Administrative Adjudication Hearing conducted by a

Hearing Officer/Attorney to hear contests by mail and contests in-person to those

receiving a violation notice, who wish to appeal the notice of violation. Those

contests average about a dozen or two in any given month; and in some to many of

the in-person cases, the noticed person does not appear. The Hearing Officer renders a

Liable or Not Liable finding after viewing each video; and the noticed violator

receives a formal notice of the finding.

Very few to none of the noticed violators in any given month are East Dundee

residents; therefore, there are few contest requests that come from East Dundee

residents.

During the 12 month period, March, 2014 through February, 2015, the revenue

generated from the photo redlight enforcement was $161,841.65.

Regarding the public speakers about our photo redlight program at Monday nights

V.B. Meeting, it might be helpful to state that neither of them is an east Dundee

resident and obviously have no stake in the welfare of East Dundee.

Regarding Mr. Robert Kaplow, he is an unincorporated West Dundee resident, and in

follow-up email communication from him, following the V.B. meeting, he offered a

reference to a particular violation notice that he claimed was studied by Mr. Barnet

Fagel. The following is what I determined about that notice after looking into it. The

violation notice was issued to its registered owner, Judy Kaplow , in January for a

violation at Rts. 72 and 68. For the record, there was a sequence of a yellow light

(approx. three seconds) which turned to red, and about two seconds later, the Kaplow

vehicle reached the stop line and went through the red light at the intersection on a right

turn with no hesitation. It was a clear redlight violation, and it was approved as such,

when we received the file from RedSpeed. As additional information, an

administrative adjudication hearing was requested for the violation, and the

administrative hearing officer viewed the violation on 02/25/15, and found the owner

liable for the $100.00 fine. That particular violation followed the entire process of

approval to appeal to finding of liable. Mr. Kaplow conveniently forgot to mention that

at the V.B. meeting.

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REDSPEED ILLINOIS LLC

400 Eisenhower Lane North

Lombard, IL 60148

March 2, 2015

RE: August 18, 2008 Agreement between RedSpeed Illinois, LLC (RedSpeed) and the Village of East

Dundee, an Illinois Municipal Corporation (Municipality) for Traffic Law Enforcement System, as

amended by the February 8, 2010 First Amendment (collectively the Agreement).

In consideration of RedSpeed providing Municipality with upgraded Equipment as that term is defined in the

Agreement, and pursuant to Page 3, Section 3 (Term) of the Agreement, Municipality extends the term of the

Agreement for two (2) additional consecutive and automatic three (3) year terms commencing from the date that

this letter is executed by the last of RedSpeed or Municipality to execute the same (the Effective Date of

Extension).

Accepted and Agreed To:

MUNICIPALITY: REDSPEED:

VILLAGE OF EAST DUNDEE REDSPEED ILLINOIS, LLC

By: _________________________ By: _______________________

Signature Signature

_________________________ Name: Robert Liberman

Print Name

__________________________ Title: Manager

Title

Date: ____________ ____, 2015 Date: _____ __ ____, 2015

PLEASE RETURN FOUR (4) ORIGINAL, EXECUTED COPIES TO:

RedSpeed Illinois, LLC

ATTN: Debra Beerup

400 Eisenhower Lane North

Lombard, IL 60148

120 Barrington Avenue, East Dundee Illinois 60118 Phone: (847) 426-2822 Fax: (847) 426-2956 March 12, 2015 To: Village Board From: Robert J. Skurla Village Administrator Ref: Proposed rate increase in the Sales Tax for Villages Business Development Districts As I have indicated over the last several months, the Village staff and Village Engineer will be developing a ten year infrastructure repair and replacement program in the upcoming fiscal year. The core of that plan will be to match up annual expenses with proposed or existing sources of revenue. The various existing revenue sources that will be factored in will include: 1 Business Development District Sales Tax - incremental 2 Home Rule Sales Tax - incremental 3 Municipal Sales Tax incremental 4 Title Transfer Fees 5 - Gaming Tax Receipts and related Licensing Fees 6 Amusement Tax 7 Motor Fuel Tax Proposed new sources of revenue include: 1 Construction Debris Tipping Fees 2 Municipal Waste Transfer Station Tipping Fees 3 Solar Energy Utility Sales While all but the Solar Energy Utility Sales fees/taxes are already in place or imminent to be placed in service, the timing and incremental addition to the existing fees/taxes are as important as the related expenditure to which they are earmarked. To that extent, if the Village wants to increase our sales tax rate for the two functioning Business Development Districts, we have two annual deadlines on which to file such changes with the State April 1st and October 1st. Changes filed by those dates become effective exactly three months afterwards on either July 1st or January 1st. Our current BDD Sales Tax rate is of 1% of gross sales on general merchandise. It is not extended to licensed vehicles, unprepared food or prescription drugs. Our current annual receipts are about $450,000. I would like the Village Board to raise that rate by of 1% to make the total new BDD Sales tax of 1%. This would yield an additional $225,000 to our annual BDD receipts for a total of $675,000 of annual BDD revenues. If we adopt the two

enabling ordinances tonight, it will give us enough time to hold the appropriate public hearings and file the required documents with the State to begin collecting the increased rate starting on July 1, of this year. This will become part of the revenue side of the 10 year capital improvement and renewal plan for the Village. I have openly advocated the development of revenue sources that do not come directly from Village residents. Although some of this new revenue would come from Village residents through the sale of general merchandise and prepared foods, it is safe to say that the $90,000,000 currently being spent in East Dundee on such items is clearly coming from non-residents. To put it in perspective, if every man, woman and child living in East Dundee spent $100 a month inside the Village on items subject to the BDD sales tax, this would only amount to $3,432,000 in annual sales, or about 3.8% of the taxable sales. And every resident would have spent only $3.00 on this increased sales tax for the entire year.

eastdundee.netVillage of East Dundee - Board Meeting Agenda - 03/23/2015http://www.eastdundee.net/EDApps/vwide/edbdagens.nsf/0/D7B97A29B702E63A86257E0B004C5D1F/$File/RedSpeed%20PACKET.pdfMicrosoft Word - BDD Sales Tax Increase Ltr - Mar 10'15