MINUTES OF THE BOARD OF COMMISSIONERS’ MEETING
HELD ON SEPTEMBER 24, 2007

The Board of Commissioners of the Village of Palos Park, Cook County, Illinois held its regular meeting on Monday, September 24, 2007.  Mayor Mahoney called the meeting to order at 7:37 p.m. Answering to roll call were Commissioners Milovich-Walters, Pavlatos, Polk, O’Connor, and Mayor Mahoney. 

Also in attendance were Patricia Jones, Village Administrator; Tom Bayer, Village Attorney; Rachael Kaplan, Director of Public Works; Joseph Miller, Police Chief; Jacob Karaca, Assistant Village Attorney; Craig Eyer, Director of Building and Zoning; Colleen Santos, Building Department; Carol Bryson, Village Clerk; Kent Oliven, Finance Director; and Cathy Gabel, Deputy Clerk. 

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

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

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

AYES: -5- Commissioners Polk, O’Connor, Milovich-Walters, Pavlatos, and Mayor Mahoney

            NAYS: -0-  

ABSENT: -0- 

COMMISSIONERS’ REPORTS:

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

HOLY FAMILY VILLA UTILITY EXTENSION: Commissioner Milovich-Walters reported Airy’s, the contractor for Holy Family Villa, was unable to pressure test the force main successfully. Once the force main has been successfully pressure tested, the Village and Robinson Engineering will conduct a walk-thru and finalize the work. It is anticipated this will be in the next two weeks.  

RESURFACING OF 86^TH AVENUE: Commissioner Milovich-Walters reported the resurfacing of 86^th Avenue from Rt. 83 to just north of the railroad tracks is complete. Pavement markings and raised reflective markers have been installed. Restoration and landscaping should start later this week. Commissioner Milovich-Walters also stated that aggregate shoulders will be installed when the landscaping is complete. Utility relocation continues at the intersection of 86^th Avenue and 131^st Street. It is anticipated that the resurfacing of 86^th Avenue from 131^st Street to just north of the railroad tracks will be completed this construction season.  

RESURFACING OF MCCARTHY ROAD WEST OF LAGRANGE ROAD: Illinois Department of Transportation (IDOT) is waiting for the delivery of the storm sewer pipe that is needed to complete the drainage just west of 104^th Avenue. Contractors are working on 123^rd Street just west of LaGrange Road cleaning out the culvert that goes under the road. This should be complete by mid-October. Resurfacing of 123^rd Street will then commence from LaGrange Road to just west of 104^th Avenue. Commissioner Milovich-Walters stated the completion date for resurfacing is mid-November, weather permitting.   

MFT RESURFACING PROJECT UPDATE: Commissioner Milovich-Walters reported Crowley-Sheppard completed the MFT resurfacing project as well as restoration on the aggregate shoulders.  

CREEK AT 125^TH AND SOUTHWEST HIGHWAY (EAST SIDE): There have been some concerns from residents who live along Southwest Highway and 125^th Street regarding the creek. Public Works inspected the creek last week and found a number of fallen trees and branches obstructing the flow of water. The Small Stream Maintenance Crew which is part of the Metropolitan Water Reclamation District (MWRD) was contacted to clear this out. The concerned residents have been called and notified.   

COMMISSIONER OF BUILDING & PUBLIC PROPERTY, JAMES PAVLATOS:

Commissioner Pavlatos reported the Building Department issued 23 building permits totaling $20,452.55 in fees. The Building Department conducted 32 building inspections. One certificate of occupancy was issued. No exaction fees were collected. 

SITE PROTECTION (TREE PROTECTION) ORDINANCE CHANGES-CHAPTER 1460.02(c) VILLAGE CODE: Commissioner Pavlatos reported on the Site Protection (Tree Protection) Ordinance that is currently undergoing changes. Dan Foster, Village Arborist provided Commissioner Pavlatos with some very valuable information regarding the Village’s trees and why this ordinance is so important. Palos Park has received the coveted title of “Tree City USA” for fourteen years in a row and this year will be the Village’s 15^th. This is a very prestigious honor for any community regardless of size. In 1999, a detailed inventory of all Village owned trees was conducted. There were a total of 5,907 trees located on Village property or Village owned streets. 75% of all Village trees are 18” in diameter or less. Trees 12” in diameter or less comprised 51% of all Village owned trees. Our existing Site Protection Ordinance protects trees at 16” diameters. Commissioner Pavlatos stated that the changes being incorporated into the Site Protection Ordinance will be ready in a few weeks and will help preserve the Village’s most important natural resource. 

COMMISSIONER OF PUBLIC HEALTH AND SAFETY, DANIEL POLK:

METROPOLITAN ALLIANCE OF POLICE CHAPTER #150 PALOS PARK POLICE DEPARTMENT: Commissioner Polk reported that an Agreement has been reached between the Village of Palos Park and the Metropolitan Alliance of Police Chapter #150. 

Commissioner Polk moved, seconded by Commissioner Pavlatos, to approve the agreement between the Village of Palos Park and Metropolitan Alliance of Police Chapter #150. 

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

            AYES: -5- Commissioners Polk, Pavlatos, Milovich-Walters, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -0- 

WEST NILE VIRUS UPDATE: Commissioner Polk reported the recent weather has made conditions optimal for the reproduction of the mosquito that can spread West Nile Virus. The South Cook County Mosquito Abatement District has been inspecting and treating areas that have standing water. Public Works staff have been conducting weekly tests on mosquitoes caught in our testing traps. None of the test results have showed any positive mosquitoes. Until cooler weather arrives, the threat of West Nile Virus remains.   

PALOS PARK POLICE MOUNTED UNIT: Commissioner Polk reported the Police Mounted Unit won the Evergreen Park Police Department Fuzz Family Fest IV at Evergreen Park High School on Saturday, September 15, 2007. 

PALOS PARK CRIME ALERT: Commissioner Polk stated Palos Park Police are investigating a daytime residential burglary. There are no witnesses and no further information has been developed. Commissioner Polk emphasized the need for residents to keep their doors locked.           

COMMISSIONER OF ACCOUNTS AND FINANCE, MARY O’CONNOR:

AMENDMENT TO THE 1990 NORFOLK SOUTHERN RAILWAY COMPANY AGREEMENT: Commissioner O’Connor requested that approval of the Amendment be tabled to a date uncertain. Commissioner O’Connor felt that a one-time payment is something to consider, however, a counteroffer to the $6600.00 Norfolk Southern is requesting, has been submitted.   

Commissioner O’Connor moved, seconded by Commissioner Polk, to table consideration to approve an amendment to the 1990 Norfolk Southern Railway Company Agreement to a date uncertain. 

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

            AYES: -5- Commissioners O’Connor, Polk, Milovich-Walters, Pavlatos and Mayor Mahoney

            NAYS: -0-

            ABSENT: -0- 

MAYOR’S REPORT:

PARADE AND CHILI COOK-OFF: Mayor Mahoney reported the 4^th Annual Parade and Chili Cook-off was a great success. Mayor Mahoney thanked the Palos-Orland Conservation Committee for sponsoring Ed Begley, Public Works, Police Department, Cadets, Village staff, volunteers, and the Chili Cook-off Committee for making this event possible. 

MAILBOX PROGRAM – BEAUTIFICATION COMMITTEE: Mayor Mahoney introduced Pat Monson and Denise Cowen of the Beautification Committee who were on hand to promote the committee’s Mailbox Replacement Program. Denise Cowen, Chairman of the Beautification Committee stated the Mailbox Replacement Program is the committee’s primary fundraiser. To date, over one hundred mailboxes have been sold. Monies raised from this program are used to purchase the hanging flower baskets on the light posts at the Recreation Center and planting of spring bulbs throughout the Village. Pat Monson stated this is the seventh anniversary of the Beautification Committee. Eight different mailbox styles are offered in varying price ranges beginning at $125.00 up to $625.00. Removal of the old mailbox and installation of the new is included. Residents can view all the mailbox options on the Village website, www.palospark.org.  

FIRST AMENDMENT TO SITE LEASE WITH OPTION AGREEMENT BETWEEN T-MOBILE AND VILLAGE OF PALOS PARK: Mayor Mahoney stated that the amendment clarifies that during the initial term, rent shall be increased by three percent (3%) of the rent paid over the preceding year.

 Commissioner Milovich-Walters moved, seconded by Commissioner Pavlatos, to approve the First Amendment to Site Lease with Option Agreement between T-Mobile and the Village of Palos Park in ordinance form. 

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

            AYES: -5- Commissioners Milovich-Walters, Pavlatos Polk, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -0-  

BIKE AND PEDWAY COMMITTEE: Mayor Mahoney stated that many residents have indicated they are interested in being involved with the Bike and Pedway Committee. The Mayor is in the process of responding to all interested parties. A meeting will commence in the next month or two.  

ADMINISTRATORS REPORT:

NEW LEGISLATION – OPEN MEETING ACT: Tom Bayer spoke regarding Open Meetings Act Amendment Impacting Commission Form Governments. In 1994, Public Act 88-621 was adopted. The Open Meetings Act exception for Commission Form Governments was eliminated. Whenever, a majority of a quorum of the members of the Village Council gathered for the purpose of discussing public business, a meeting under the Open Meetings Act occurred. Palos Park has a five (5) member Village Council, a quorum is three (3) and a majority of a quorum is two (2). Members of the Village Council could not talk to each other about public business other than at a properly noticed open meeting or a properly constituted executive session without violating the Open Meetings Act. As of August 17, 2007, two (2) members of the Village Council can now talk to each other about public business, other than at a properly noticed open meeting or a properly constituted executive session without violating the Open Meetings Act. Tom Bayer also stated “So as to insure that two (2) members of the Village Council, however, cannot, on their own, take action based on their discussions, an affirmative vote of three (3) members of the Village Council, at a properly noticed open meeting, is now necessary to approve any motion, resolution or ordinance, unless a greater number is otherwise required by State statute or the Village Code”.  

HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY: Patricia Jones reported that a household hazardous waste collection day will take place on Saturday, October 27^th from 8:00 a.m. to 3:00 p.m. in the City of Oak Forest at 159^th Street and Lorel Avenue. A list of what can or cannot be brought to the collection site will be posted on the website. 

WOW! RECEIVES PRESTIGIOUS AWARDS: Patricia Jones reported that WOW!, the Village’s internet, cable and phone provider, has received the award for highest customer satisfaction in the J.D. Power and Associates 2007 Residential Cable/Satellite Television Satisfaction Study for the North Central Region. This award marks the third consecutive year in which WOW! has been honored. They also received the award for highest customer satisfaction in the J.D. Power and Associates 2007 Residential Regional Telephone Customer Satisfaction Study for the North Central Region.  

INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE ESTABLISHMENT OF THE CAL-SAG TRAIL – WEST END, AND THE PERFORMANCE OF CERTAIN ENGINEERING SERVICES IN RELATION THERETO: Patricia Jones has represented the Village of Palos Park at the Cal-Sag Bike Trail meetings for approximately two years since the inception of this effort to build a continuous bike trail along the Cal-Sag Channel from Burnham on the east, to Lemont on the west. Patricia Jones stated that the Village of Palos Park, City of Palos Heights, Alsip Park District, and Forest Preserve District of Cook County have committed the resources, staff, land, and financing that will allow the western 12 miles of the trail to become a reality. Phase I engineering needs to be performed by URS. Patricia Jones reported the project was successful in securing funds in the amount of $340,000.00 from the Illinois Transportation Enhancement Program. These funds will be used to offset the cost of the Phase I engineering which is estimated to be $424,948.00. The City of Palos Heights has agreed to be the lead agency in administering this Phase I engineering. The Village of Palos Park will be required to deposit within 30 days its 40% cost share based on the length of the trail within its jurisdiction. The Village budget for the current fiscal year does include the Village’s contribution of $20,865.00. The Village will budget approximately $32,500.00 annually for the next five years to be placed in a separate fund for construction of our section of the trail to commence in 2012. 

Commissioner Polk moved, seconded by Commissioner Milovich-Walters, to approve an Intergovernmental Agreement for the Establishment of the Cal-Sag Trail – West End, and the Performance of Certain Engineering Services in Relation Thereto. 

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

            AYES: -5- Commissioners Polk, Milovich-Walters, Pavlatos, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -0-   

TREE PRUNING AND STORMS: As a follow-up to the last Council meeting, Patricia Jones reported the Village is very pro-active with tree trimming. However, if trees do come down on power lines during a storm for example, Village staff cannot remove those limbs, per ComEd policy.   

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 Polk moved, seconded by Commissioner O’Connor to: 

1.     ADOPT AN ORDINANCE AUTHORIZING DISPOSAL BY PUBLIC AUCTION/SALE OF  PERSONAL PROPERTY OWNED BY THE VILLAGE OF PALOS PARK 

2.    APPROVE AMENDMENT TO COMMENCEMENT DATE FOR VENDOR LEASE AT METRA STATION 

3.   ADOPT AN ORDINANCE APPROVING A PLAT OF CONSOLIDATION (DICKSON CONSOLIDATION 12413 HOBART AVENUE) 

4.    APPROVE PAYMENT OF INVOICES ON THE WARRANT LIST DATED SEPTEMBER 24, 2007 IN THE AMOUNT OF $124,578.75  

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

            AYES: -5- Commissioners Polk, O’Connor, Milovich-Walters, Pavlatos, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -0-

OLD BUSINESS: None 

NEW BUSINESS: None

AUDIENCE PARTICIPATION:

Maria Rogers – 12021 93^rd Avenue – Mrs. Rogers commented on the beautiful display case at the Palos Park Public Library showcasing cameras.  

John Robertson – 8946 Patty Lane, Orland Park, IL – Mr. Robertson spoke of his concerns regarding the cell tower located at 8999 W. 131^st Street. Mr. Robertson stated the tower was constructed with no regard to notice of residents to the east of the tower, impact studies, and wetlands. He requested Palos Park cease construction and remove the tower. 

Carol Ruzich – 13241 Jean Creek Drive, Orland Park, IL – Ms. Ruzich questioned why Palos Park would not think that property owners east of the cell tower would not be concerned about its construction. Ms. Ruzich was also concerned about notice not being given to those property owners who live closest to the cell tower. 

Jerry Thelmann – 8942 Patty Lane, Orland Park, IL – Mr. Thelmann questioned whether EPA studies were done prior to construction of the cell tower. Patricia Jones commented that EPA studies are not required for a cell tower. 

Colleen Robertson – 8946 Patty Lane, Orland Park, IL – Ms. Robertson was concerned about lack of notice given to property owners and health considerations that impact the citizens from the radiation waves coming from the tower. Ms. Robertson commented that the greatest impact is on our small children.    

ADJOURNMENT: There being no further business, Commissioner Polk moved, seconded by Commissioner Milovich-Walters, to adjourn the meeting at 8:45 p.m. 

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

            AYES: -5- Commissioners Polk, Milovich-Walters, Pavlatos, O’Connor, and Mayor Mahoney

            NAYS: -0-

ABSENT: -0- 

_______________________________________

Cathy A. Gabel
Deputy Village Clerk