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HomeMy WebLinkAbout10/11/2005 COW agenda COMMITTEE OF THE WHOLE AGENDA Meeting Location: Mount Prospect Village Hall 50 South Emerson Street Meeting Date and Time: Tuesday, October 11, 2005 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Irvana K. Wilks Trustee Timothy Corcoran Trustee Richard Lohrstorfer Trustee Paul Hoefert Trustee Michaele Skowron Trustee John Korn Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF SEPTEMBER 27, 2005 III. CITIZENS TO BE HEARD IV. CONSIDER CREATION OF AN ADMINISTRATIVE ADJUDICATION PROGRAM The Village Attorney and staff have been discussing the viability of an Administrative Adjudication process for several years. During the September 27,2005, Committee of the Whole meeting staff recommended the establishment of an Administrative Adjudication process in order to better respond to the variety and volume of the property maintenance and nuisance violations typically addressed annually. The process has been implemented in Park Ridge where they have seen positive results. The Administrative Adjudication process is an alternative due process procedure established to conduct hearings and make findings on violations and assess fines, if necessary. The state statutes allow home rule communities to establish an Administrative Adjudication process. This process would be the venue for hearing all cases currently utilizing the housing court in Rolling Meadows. This process would also become the venue for local ordinance (LO) tickets/complaints written by the police department for non-moving violations. The main advantage of this process is primarily local control and much faster turnaround for compliance or fine assessment. This process would significantly reduce the number and length of continuances since the maximum period is defined in the attached ordinance. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO A TTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. Administrative Adjudication requires similar procedures as a court of law, including notice and service requirements, evidence regulations, judgments, defaults, and appeal procedures. Sample documents are attached for your information in addition to an outline of the adjudication steps and a flow chart illustrating the steps. The hearing officer would be one of the key components to this process to ensure the ordinances are complied with as intended by the Village Board. The hearing officer would typically be an attorney or retired judge, someone with extensive legal experience. The hearing officer would be paid based on per diem rate based on the number of days per month hearings would take place. While an actual hearing location has not yet been recommended, it would be logical to consider the use of the Village Board room or the Police/Fire Training room for this process. Village Attorneys Everette M. Hill, Jr., and Kathleen Henn will be in attendance to facilitate discussion and answer questions. V. REVIEW OF APPENDIX A OF THE MUNICIPAL CODE The Appendix A document is the culmination of over three years of work by staff to identify and consolidate all Village Code sections that relate to fines or fees. The purpose of this effort was threefold and described below. · Complete review and enhancement of the Village fee and fine schedule. · Confirm the consistency of the extensive rewrite of the Development and Building codes. · Correction of any errors in the general text of the Village Code with respect to the existing Appendix A. During the review of the fees and fines some items had not changed in 50 years and the associated fees were so low as to be meaningless and the administrative effort far outstripped the revenue collected. For example, staff could not investigate, cite, and prosecute a violation for less than $100 and many times the actual costs are much higher. So in order to bring the cost of enforcement closer to the actual cost of providing the service or response several minimum mandatory penalties were increased (the draft lists the old fees and fines in the left hand margin beginning on page 12). Applicable Departments reviewed sections of Appendix A that were pertinent to their operation. Staff did not modify any taxes, user fees or license fees. Such items remain the exclusive responsibility of the Village Board. However, in the future when such changes are considered, the use of Appendix A will be the only document that will need to be revised and the body of the specific ordinance including the fee, fine or tax can remain unchanged. Village Attorney Everette M. Hill, Jr., will be in attendance to facilitate discussion and answer questions. VI. VILLAGE MANAGER'S REPORT VII. ANY OTHER BUSINESS VIII. ADJOURNMENT CLOSED SESSION PROPERTY ACQUISITION 5 ILCS 120/2 (c) (5). "The purchase or lease ofreal property for the use of the public body."