MINUTES OF THE BOARD OF COMMISSIONERS’ MEETING
HELD ON JANUARY 14, 2008

The Board of Commissioners of the Village of Palos Park, Cook County, Illinois held its regular meeting on Monday, January 14, 2008.  Mayor Mahoney called the meeting to order at 7:30 p.m. Answering to roll call were Commissioners Milovich-Walters, Polk, O’Connor, and Mayor Mahoney.

Commissioner Pavlatos was not in attendance. 

Also in attendance were Carol Bryson, Village Clerk; Patricia Jones, Village Administrator; Tom Bayer, Village Attorney; Joseph Miller, Police Chief; Jacob Karaca, Assistant Village Attorney; Kent Oliven, Finance Director; and Cathy Gabel, Deputy Clerk. 

APPROVAL OF MINUTES OF THE COUNCIL MEETING HELD ON DECEMBER 10, 2007:

Commissioner Polk moved, seconded by Commissioner O’Connor, to approve the minutes of the regular Council meeting held on December 10, 2007, as presented.  

On the call of the roll, the vote was as follows:

AYES: -4- Commissioners Polk, O’Connor, Milovich-Walters, and Mayor Mahoney

            NAYS: -0-     

ABSENT: -1- Commissioner Pavlatos 

COMMISSIONERS’ REPORTS:

COMMISSIONER OF PUBLIC WORKS/RECREATION, NICOLE MILOVICH-WALTERS:

HOLY FAMILY VILLA UTILITY EXTENSIONS: Commissioner Milovich-Walters reported final inspection of the work has been done by Village staff and a majority of the work has passed. There are some minor landscaping issues that will be taken care of in the Spring. Easements are being reviewed by the Village and should be recorded in the next few days by Holy Family Villa. It is anticipated that all outstanding issues will be resolved by the January 28, 2008 Council meeting for final acceptance of the project by the Village. 

RESURFACING OF 86^TH AVENUE: Commissioner Milovich-Walters reported the traffic signal mast arms are still on back order and not expected until late January at which time they will be installed. 

WATER RATE INCREASE: Commissioner Milovich-Walters announced the City of Chicago raised the municipal water rate to Oak Lawn who in turn would pass that increase on to Palos Park. Lake Michigan water will increase $.20 per 1,000 gallons from $1.553 to $1.753. This $.20 rate increase will be reflected on the Village’s bulk water bill from Oak Lawn effective January 1, 2008. Palos Park will increase the Village water rate effective January 1, 2008 from $5.10 to $5.30. 

Commissioner Polk moved, seconded by Commissioner Milovich-Walters to increase the water rate to reflect the increase from Oak Lawn effective January 1, 2008 from $5.10 to $5.30 in ordinance form. 

On the call of the roll, the vote was as follows:

            AYES: -4- Commissioners Polk, Milovich-Walters, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -1- Commissioner Pavlatos        

COMMISSIONER OF BUILDING & PUBLIC PROPERTY, JAMES PAVLATOS:

In Commissioner Pavlatos’ absence, Commissioner Milovich-Walters reported the Building Department issued 13 building permits totaling $11,723.76 in fees. The Building Department conducted 22 building inspections. No certificates of occupancy were issued. No exaction fees were collected. 

COMMISSIONER OF PUBLIC HEALTH AND SAFETY, DANIEL POLK:

COOK COUNTY DEPARTMENT OF PUBLIC HEALTH SMOKE-FREE ILLINOIS ACT ANNOUNCEMENT: Commissioner Polk announced that Illinois became the 22^nd smoke-free state in the nation on January 1, 2008. Commissioner Polk reminded residents the Smoke-Free Illinois Act prohibits smoking in all indoor public places and workplaces as well as within 15 feet of any entrances, exits, windows and ventilation intakes. There are limited exemptions for tobacco retailers, hotel rooms, and nursing home rooms. Complaints may be filed with the Cook County Department of Public Health at (708) 492-2000 or www.cookcountypublichealth.org.  

AMENDED LIQUOR CONTROL ACT – PARENTAL RESPONSIBILITY:  Commissioner Polk announced that under the newly amended Liquor Control Act, effective January 1, 2008, parents are more accountable for the consequences stemming from allowing underage drinking in their homes. Commissioner Polk stated “under the newly amended Liquor Control Act, if serious injury or death stems from a willful allowance of underage consumption, parents can face one to three years in jail and a maximum fine of $125,000.00. The crime is also now considered a Class 4 Felony, up from a misdemeanor”.  

INITIAL LICENSING PHASE FOR DRIVERS AGE 16-17: Commissioner Polk announced that under the Initial Licensing Phase for young drivers age 16-17, parents/guardians must certify a minimum of 50 hours of practice driving, including 10 hours of nighttime driving, has been completed. Parents/guardians must accompany their teen to provide written consent to obtain a driver’s license or have an Affidavit/Consent for Minor to Drive Form notarized. Other requirements include a driver maintaining a conviction-free driving record for six months prior to turning 18 before moving to the Full Licensing Phase, occupants under age 19 must wear safety belts, a nighttime driving restriction is in place Sunday-Thursday, 10 p.m. – 6 a.m., and Friday – Saturday, 11 p.m. – 6 a.m. and cell phone use while driving is prohibited except when calling a law enforcement agency, health care provider or emergency services agency. One other requirement is that for the first year of licensing or until the driver is 18, whichever occurs first, the number of passengers is limited to one person under age 20, unless the additional passenger(s) is a sibling, step-sibling, child, or step-child of the driver. After this period, the number of passengers is limited to one in the front seat and the number of safety belts in the back seat.  

86^TH AVENUE SPEED LIMITS: Chief Miller has submitted a letter to Illinois Department of Transportation (IDOT) regarding traffic speed limits on 86^th Avenue north of 119^th to Rt. 83 with a request to decrease the speed limit to 35 MPH. 

SAFE RIDE HOME PROGRAM: Commissioner Polk stated New Year’s Eve was one of the busiest for our regional “Safe Ride Home” program. This service was available to residents of Orland Park, Frankfort, Mokena, New Lenox, Orland Hills, Tinley Park and Palos Park. 174 people called for rides home from New Year’s Eve parties this year, up from 109 last year.  

TEEN HOTLINE: Commissioner Polk announced the Palos Park Police Department has set up an anonymous Teen Hotline with the goal being to reduce the hazards and tragic endings that often occur after teens leave underage drinking parties. Teens in Palos Park are encouraged to call the hotline at (708) 671-3750 to report possible underage parties where teens may be consuming alcohol and/or drugs and then getting into a vehicle and driving. If a tip does come into the hotline, an officer will follow up on the tip. The police will check the validity of the tip, inform parents and monitor the area for signs of an underage party. 

COMMISSIONER OF ACCOUNTS AND FINANCE, MARY O’CONNOR:

MCCORD GALLERY & CULTURAL CENTER: Commissioner O’Connor was pleased to announce the McCord Gallery and Cultural Center has received a $2,000.00 grant for the Civil War/Lincoln exhibit on display in February. McCord Gallery has also received from ARTWORKS a strategic planning grant to assist them in hiring a consultant to help them complete that strategic planning process.  

VILLAGE FINANCE UPDATE: Commissioner O’Connor stated that toward the end of January a formal finance presentation will be made to Council. 

MAYOR’S REPORT:

SOUTH SUBURBAN PUBLIC ACTION TO DELIVER SHELTER (PADS): Mayor Mahoney introduced Jodyne Scholl, Program Coordinator, South Suburban PADS. Ms. Scholl began her presentation by stating PADS has a network of 30 churches that provide emergency overnight shelter and hospitality on a rotating basis. Emergency shelter is provided each night between 6 p.m. – 7 a.m. from mid-October to mid-April. PADS has delivered over 240,000 nights of shelter, and 730,000 meals through the efforts of more than 8,000 volunteers. They average between 100-140 people each night in one of 3-5 shelters throughout the south suburbs.  

PALOS AREA TRANSPORTATION SERVICE FOR THE ELDERLY (PATSE): Mayor Mahoney stated that PATSE provides senior adults and the disabled, safe, reliable, and affordable transportation for medical care, groceries or other needed services. Palos Park makes an annual contribution to PATSE for our “fair share” of rides provided to our residents. This year, the Village’s “fair share” is $3,618.00. Mayor Mahoney entertained a motion to approve the contribution of $3,618.00 to PATSE.  

Commissioner Polk moved, seconded by Commissioner O’Connor, to approve the payment of $3,618.00 to PATSE for the Village of Palos Park’s “fair share”. 

On the call of the roll, the vote was as follows:

            AYES: -4- Commissioners Polk, O’Connor, Milovich-Walters, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -1- Commissioner Pavlatos 

ENERGY STAR-RATED CFL BULB PROGRAM: Mayor Mahoney stated that the Village committed to participate in the Clean Air Counts program in February, 2007. As a participant, the Village has committed to improving air quality, reducing green house gas emissions caused by the burning of fossil fuels, and conserving fossil fuel energy. One strategy to achieving these goals is the use of compact fluorescent (CFL) bulbs. ComEd is currently offering a discount for the bulbs through ComEd’s Customers’ Affordable Reliable Energy (CARE) website. Mayor Mahoney emphasized that CFL bulbs use about 75 percent less energy and last up to 10 times longer that standard incandescent bulbs. Mayor Mahoney stated he would give a CFL bulb to any resident that attends a Council meeting. The Mayor encouraged all residents to use these energy saving bulbs.   

ADMINISTRATORS REPORT:

IRMA CONTRIBUTION: Administrator Jones discussed the Village’s annual contribution to Intergovernmental Risk Management Agency (IRMA).This contribution is for the Village’s Liability and Workers Compensation Insurance coverages. The contribution is based on the Village’s revenue (average over four years) and our loss history which determines our experience modifier. Our contribution for 2008 is $144,184.00 minus our experience modifier of $29,021.00. A surplus credit of $14,416.00 can be applied. The Village would have a $100,747.00 possible contribution if our surplus credit is maximized. This amount represents an increase in the Village’s revenue base which included bond proceeds in the water and sewer funds. The bonds proceeds increased our contribution by about $25,000.00. The Village will pursue a reimbursement of this $25,000.00. Administrator Jones asked for Council approval of the 2008 IRMA contribution maximizing our surplus credit. 

Commissioner Polk moved, seconded by Commissioner Milovich-Walters to approve payment of the 2008 IRMA contribution of $100,747.00.  

On the call of the roll, the vote was as follows:

            AYES: -4- Commissioners Polk, Milovich-Walters, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -1- Commissioner Pavlatos  

AT&T CABLE SERVICE OVER PHONE LINES: Administrator Jones reported AT&T will begin offering its new AT&T U-Verse Internet Protocol (IP)-based next-generation video product to customers in Palos Park around January 20, 2008. AT&T LightSpeed has submitted eight permit applications to the Public Works Department to expand on existing AT&T boxes in the Village.  

VILLAGE NEWSLETTER: Administrator Jones reported the Village Newsletter will go out February 1^st.

COMPREHENSIVE PLAN MEETINGS: Administrator Jones stated Plan Commission would be meeting January 17^th. Plan Commission will continue to work on the amendment to the Comprehensive Plan. John Houseal, Village Planner, would like to set up a special workshop meeting with the Council. A community meeting will be scheduled for February 12^th at 7 p.m. and a meeting with the businesses on Friday, February 15^th for their input and thoughts.  

CONSENT AGENDA:

ALL ITEMS ON THE CONSENT AGENDA ARE ROUTINE OR HAVE BEEN BROUGHT FORWARD AT THE DIRECTION OF THE BOARD OF COMMISSIONERS AND WILL BE ENACTED WITH ONE MOTION. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 

Commissioner Milovich-Walters moved, seconded by Commissioner O’Connor to: 

1.  ADOPT AN ORDINANCE AMENDING PART SIX, CHAPTER 676, SECTION 676.10 OF THE PALOS PARK VILLAGE CODE RELATIVE TO THE SMOKE FREE ILLINOIS ACT 

2.   APPROVE LETTER OF CREDIT REDUCTION FOR ROD ESTATES TO $65,328.87 

3.   PROCLAIM THE MONTH OF JANUARY 2008 AS SOUTH SUBURBAN PUBLIC ACTION TO DELIVER SHELTER (PADS) AWARENESS MONTH IN PALOS PARK AND ASK ITS RESIDENTS TO SUPPORT THE ORGANIZATION’S EFFORTS TO SERVE THE COMMUNITY AND BRING AN END TO HOMELESSNESS 

4.   PROCLAIM JANUARY 1, 2008 - JANUARY 27, 2008 AS OFFICIAL 2008 GIRL SCOUT COOKIE SALE TIME IN PALOS PARK 

5.   PASS A RESOLUTION ACKNOWLEDGING THE CHICAGO SOUTHLAND CONVENTION & VISITORS BUREAU AS OUR CONVENTION & VISITORS BUREAU OF RECORD FOR THE MARKETING AND PROMOTION OF THE TOURISM INDUSTRY  

6.   RATIFY PAYMENT OF INVOICES ON THE WARRANT LIST DATED DECEMBER 24, 2007 IN THE AMOUNT OF $100,866.65 

7.   APPROVE PAYMENT OF INVOICES ON THE WARRANT LIST DATED JANUARY 14, 2008 IN THE AMOUNT OF $152,094.63 

8.   APPROVE THE SUPPLEMENTAL WARRANT LIST FOR JANUARY 14, 2008 FOR MANUAL CHECKS, PAYROLL AND RECURRING WIRE TRANSFERS IN THE AMOUNT OF $264,470.44  

On the call of the roll, the vote was as follows:

            AYES: -4- Commissioners Milovich-Walters, O’Connor, Polk, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -1- Commissioner Pavlatos 

OLD BUSINESS: None 

NEW BUSINESS:

ZONING BOARD OF APPEALS:

1.  MR. AND MRS. KERLEY, 8301 W. 123^RD STREET, PALOS PARK, IL ARE REQUESTING THE  FOLLOWING VARIANCES FOR A PRIVACY FENCE: 

A) TOTAL FENCE HEIGHT OF 6’ WHICH IS A 1’6” HEIGHT VARIANCE TO THE MAXIMUM ALLOWABLE HEIGHT OF 4’6” FOR A FENCE TO EXIST AT A HEIGHT OF 6’.

B) TOTAL FENCE OPENING OF 0% FROM 70% OPEN SPACE PER LINEAR FOOT FOR A FENCE TO HAVE 0% OPEN SPACE WHICH IS A VARIANCE TO THE MINIMUM AMOUNT OF OPEN SPACE FOR A FENCE.

C) FENCE DISTANCE TO PROPERTY LINE OF 6” WHICH IS A 2’6” VARIANCE TO THE REQUIRED    SETBACK FOR FENCES FROM A PROPERTY LINE.  

Mr. and Mrs. Kerley were not present at the Council meeting. Mayor Mahoney stated the Zoning Board of Appeals met on Wednesday, December 12, 2007 to consider the request of Mr. Kerley for the above referenced variances. Zoning Board of Appeals took the following action: (a) Mr. Maier moved, seconded by Mrs. Konior, to deny a total fence height variance to the maximum allowable height of 4’6” for a fence to exist at a height of 6’. Upon roll call vote, the motion carried unanimously. (b) Mrs. Konior moved, seconded by Mr. Maier, to deny total fence opening of 0% from 70% open space per linear foot for a fence to have 0% open space which is a variance to the minimum amount of open space for a fence. Upon roll call vote, the motion carried unanimously. (c) Mr. Maier moved, seconded by Mrs. Konior, to approve fence distance to property line of 6” which is a 2’6” variance to the required setback for fences from a property line. Upon roll call vote, the motion carried unanimously. 

Commissioner Milovich-Walters moved, seconded by Commissioner Polk to accept the Zoning Board of Appeals recommendations in ordinance form as referenced above.  

On the call of the roll, the vote was as follows:

            AYES: -4- Commissioners Milovich-Walters, Polk, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -1- Commissioner Pavlatos 

2. MR. GRANAT, 12762 S. 81^ST COURT, PALOS PARK, IL IS REQUESTING THE FOLLOWING VARIANCES TO BUILD AT 25 S. WOODLAND TRAIL, PALOS PARK, IL: 

A) FRONT YARD SETBACK OF 52’ FROM THE REQUIRED 68’ FRONT YARD SETBACK, WHICH WOULD BE A VARIANCE REQUEST OF 16’ OR 24.5%.

B) CORNER SIDE YARD SETBACK OF 36’ FROM THE REQUIRED 50’ CORNER SIDE YARD SETBACK, WHICH WOULD BE A VARIANCE REQUEST OF 14’ OR 28%.

C) REAR YARD SETBACK OF 33.5’ FROM THE REQUIRED 50’ REAR YARD SETBACK, WHICH WOULD BE A VARIANCE REQUEST OF 16.5’ OR 33%. ZONING BOARD TABLED THESE VARIANCES TO JANUARY 30, 2008.  THE VARIANCES HAVE SUBSEQUENTLY BEEN WITHDRAWN. 

Mayor Mahoney stated that Mr.  Granat has withdrawn the variances referenced above; therefore, no action would need to be taken by the Village Council.  

AUDIENCE PARTICIPATION: Maria Rogers – 12021 93^rd Avenue, Palos Park, IL – Mrs. Rogers wanted to remind residents of the wonderful displays in the Community Room at the library. They contain pictures and articles about the Swallow Cliff toboggan slides. Mrs. Rogers would like to see the toboggan slides preserved. Mayor Mahoney added that residents could help by writing letters to the Cook County Commissioners and he too would send a letter.  

ADJOURNMENT: There being no further business, Commissioner Polk moved, seconded by Commissioner Milovich-Walters, to adjourn the meeting at 8:34 p.m. 

On the call of the roll, the vote was as follows:

            AYES: -4- Commissioners Polk, Milovich-Walters, O’Connor, and Mayor Mahoney

            NAYS: -0-

ABSENT: -1- Commissioner Pavlatos 

_________________________________

Cathy A. Gabel
Deputy Village Clerk