MINUTES OF THE BOARD OF COMMISSIONERS’ MEETING
HELD ON NOVEMBER 9, 2009 

The Board of Commissioners of the Village of Palos Park, Cook County, Illinois held its regular meeting on Monday, November 9, 2009. Mayor Mahoney called the meeting to order at 7:30 p.m. Answering to roll call were Commissioners Pavlatos, Polk, O’Connor, and Mayor Mahoney. Commissioner Milovich-Walters was not in attendance. 

Also in attendance were Carol Bryson, Village Clerk; Patricia Jones, Village Administrator; Tom Bayer, Village Attorney; Rachael Kaplan, Public Works Director; Jacob Karaca, Assistant Village Attorney; Barbara Maziarek, Finance Director; Nicole Marxman, Recreation Director; Kathleen May, Deputy Clerk and Cathy Gabel, Deputy Clerk. 

RECOGNITION OF VILLAGE VOLUNTEERS: Nicole Marxman, Recreation Director, introduced   Anna Giragosian and Charles Wells as recipients of the Volunteer Appreciation Award. Anna has been working for the Recreation Department as a volunteer on Fridays for the last five years answering telephones, assisting residents, and handling details for recreation programs and/or special events. Charles has volunteered for the Recreation Department for the last fifteen years, instructs the Senior Wellness class and is a member of the Recreation Board. Nicole Marxman stated, “Anna and Charles are important assets to the Recreation Department. The Village of Palos Park appreciates their hard work and dedication to the Village and most importantly the community.” Nicole Marxman presented Anna and Charles with a goodie bag and plaque. Mayor Mahoney stated the quality of a community is defined by its volunteerism. A heartfelt thank you to both for their dedication to our community.

APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING HELD OCTOBER 26, 2009: Commissioner Polk moved, seconded by Commissioner Pavlatos, to approve the minutes of the Regular Council meeting held on October 26, 2009 as presented.  

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

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

`           NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

COMMISSIONERS’ REPORTS:

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

CONSTRUCTION ENGINEERING SERVICES AGREEMENT AND FEDERAL PARTICIPATION AGREEMENT UNDER THE AMERICAN RECOVERY & REINVESTMENT ACT: In Commissioner Milovich-Walters absence, Mayor Mahoney reported the Village of Palos Park submitted applications to Illinois Department of Transportation (IDOT) for eligibility to apply for economic stimulus funding under the American Recovery & Reinvestment Act (ARRA). Applications for resurfacing 121^st Street and 127^th Street were accepted by IDOT for ARRA funding. The ARRA funding covers 100% of construction costs and construction engineering, however, the costs are reimbursable only after the Village pays the invoice. Design engineering costs are not included in the ARRA funding. The cost of design engineering was estimated at $15,000.00 and budgeted for in FY 2010 under the ˝ % Sales Tax Fund. Construction engineering services are estimated at $51,000.00 of which the Village would be reimbursed. Mayor Mahoney entertained a motion to approve the Construction Engineering Agreement and the Federal Participation Agreement.

Commissioner Polk moved, seconded by Commissioner Pavlatos, to approve the Construction Engineering Services Agreement with Robinson Engineering, Ltd. and the Federal Participation Agreement under the American Recovery & Reinvestment Act (ARRA) for 127^th Street and 121^st Street in the amount of $51,000.00 payable in Fiscal Year 2011 and reimbursable by IDOT in Fiscal Year 2011. 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

AMENDING PART FOUR, TITLE EIGHT, CHAPTER 480, SECTION 480.04 IN REGARD TO SNOW EMERGENCIES: In Commissioner Milovich-Walters absence, Mayor Mahoney reported the Public Works Department is preparing for the upcoming snow plowing season. To provide greater safety to the snow plow drivers, Council has been asked to consider revising the depth of snow accumulation from three (3) inches to two (2) inches when declaring a snow emergency.   

Commissioner Polk moved, seconded by Commissioner Pavlatos, to approve amending in ordinance form Part Four, Title Eight, Chapter 480, Section 480.04 in regard to Snow Emergencies.   

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

COMMISSIONER OF BUILDING & PUBLIC PROPERTY, JAMES PAVLATOS:

BUILDING DEPARTMENT REPORT: Commissioner Pavlatos reported the Building Department issued 18 building permits and permit extensions totaling $15,203.50 in fees through October 29, 2009. The Building Department conducted 65 building inspections. No certificates of occupancy were issued. No exaction fees were collected. 

COMMISSIONER OF PUBLIC HEALTH AND SAFETY, DANIEL POLK:

TOWN HALL MEETING: Commissioner Polk announced a Town Hall Meeting for Worth Township residents will be held Thursday, November 19^th at 6:30 p.m. at Shepard High School. Sheriff Thomas J. Dart will be on hand to provide information on gang activities in Worth Township and safe holiday shopping tips.  

GUN COURT COMMITTEE: Commissioner Polk announced Curtis Heaston, Presiding Judge of the Juvenile Justice Division, has announced the creation of the Gun Court Committee to help curtail handgun violence in our communities. One courtroom will be set aside to hear gun related incidences to help reduce the impact of the number of gun related crimes committed by our youth. Palos Park Police Chief, Joe Miller, has been appointed to the Gun Court Committee.  

COMMISSIONER OF ACCOUNTS AND FINANCE, MARY O’CONNOR: Commissioner O’Connor had no formal report, however; she read several announcements.  

MAYOR’S REPORT:

COYOTE PRESENTATION: Mayor Mahoney announced Dr. Donna Alexander, Director of Cook County Department of Animal and Rabies Control would not be able to attend this evening’s Council meeting due to illness. Dr. Alexander will be at the November 23, 2009 Council meeting to discuss Urban Coyote Ecology and Management. There has been much discussion regarding the coyote population in the Village of Palos Park and the increase in coyote sightings. Mayor Mahoney stated the prevalence of trees and the Village’s proximity to thousands of acres of forest preserves make Palos Park an ideal spot for coyotes. The Village has a brochure, “Living with Coyotes in Palos Park” that is available at the front desks of the Police Department and Administration Center.  

PALOS LIONS CLUB 60^TH ANNIVERSARY: Mayor Mahoney attended the Palos Lions 60^th Anniversary Dinner on Friday, October 23, 2009. The Palos Lions are dedicated primarily to the visually handicapped but have expanded into other areas of need in the community. 

CLERK’S REPORT:

PALOS PARK SENIOR CLUB: Clerk Bryson reported approximately seventy seniors attended the November meeting of the Palos Park Senior Club. Mark Walker did a media presentation highlighting The Community Center and Janine Kacmar from the Palos Park Library spoke about the Book and Film Series. The December 7^th meeting will be a Christmas party at Capri Ristorante in Palos Heights with lunch followed by entertainment. Seniors are asked to contact Marie Arrigoni at 708-480-4103 for lunch reservations.  

ADMINISTRATORS REPORT:

CAL-SAG BIKE TRAIL: Administrator Jones requested Council consider approving an Intergovernmental Agreement with Palos Heights, Forest Preserve District of Cook County, and Alsip Park District providing for the establishment of the Cal-Sag Trail, West End, and the performance of certain engineering services in relation thereto. The Cal-Sag Trail is a multi-purpose trail approximately 32 miles in length from Burnham in the east to Lemont in the west. Palos Heights has agreed to be the lead agency. The agencies were successful in obtaining grant money to fund a portion of the Phase II engineering costs. Palos Park’s portion is $20,496.00. Administrator Jones also requested approval of a budget amendment for Fund 44 to budget for the Phase II engineering. This will be offset by the grant the Village received from the State of Illinois a few months ago.  

Commissioner Polk moved, seconded by Commissioner Pavlatos to approve an Intergovernmental Agreement providing 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: -4- Commissioners Polk, Pavlatos, O’Connor, and Mayor Mahoney

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

Commissioner Polk moved, seconded by Commissioner Pavlatos, to approve a Budget Amendment to the Capital Projects Fund 44 to budget an expense of $20,496.00 for Phase II Engineering for the Cal-Sag Trail. 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

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 FROMTHE CONSENT AGENDA AND CONSIDERED SEPARATELY. 

Commissioner Polk moved, seconded by Commissioner Pavlatos to: 

1.    APPROVE HACKNEY’S REQUEST FOR A SPECIAL EVENT LIQUOR LICENSE FOR DECEMBER 4, 2009 

2.    APPROVE PAYMENT OF INVOICES ON THE WARRANT LIST FOR NOVEMBER 9, 2009 IN THE AMOUNT OF $168,075.50 

3.    APPROVE THE SUPPLEMENTAL WARRANT LIST FOR NOVEMBER 9, 2009 FOR MANUAL CHECKS, PAYROLL, AND RECURRING WIRE TRANSFERS IN THE AMOUNT OF $255,933.97 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

OLD BUSINESS: Commissioner Pavlatos thanked Jack Murray and Kevin Olsen from The Regional News for their wonderful article on John and Maria Rogers and the Palos Historical Society.  

NEW BUSINESS:

ZONING BOARD OF APPEALS (ZBA) RECOMMENDATIONS TO BE CONSIDERED FOR APPROVAL IN ORDINANCE FORM:

            1.     Mr. and Mrs. Koehler, 10005 W. 125^th Street, Palos Park, IL requesting a corner side yard setback variance of 16.5 feet to the required 50 feet to build a rear addition to existing residence. This would result in a corner side yard setback of 33.5 from the property line which is a 33% variance request. 

Mayor Mahoney reported a public hearing was held by the Zoning Board of Appeals (ZBA) on October 12, 2009. The variance requested must not be merely a convenience but necessary to alleviate some demonstrable hardship. Hardships discussed at the public hearing included: the small size of the lot limits alternatives for additions, the proposed rear addition would be setback farther than the existing house, the size of the lots and setbacks of nearby homes have similar non-conforming dimensions, and a second floor addition, in lieu of the addition proposed, would be out of character for the area. One neighbor testified and was not opposed to the variation request.  

ZBA member Mr. Dill moved, seconded by Mrs. Adams, to recommend approval of the variance as requested.  

Upon roll call vote, the motion carried as follows:

            AYES: -6- Board Members Dill, Adams, Maier, Konior, Saylors, and Chairman Lencioni

            NAYS: -0-

            ABSENT: Board Member Martin 

Commissioner Pavlatos moved, seconded by Commissioner Polk to accept the recommendation of the Zoning Board of Appeals to approve the variance as requested. 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

AUDIENCE PARTICIPATION: None  

EXECUTIVE SESSION: In open session at 8:11 p.m., Commissioner Polk moved, seconded by Commissioner O’Connor, to recess to executive session to discuss pending litigation and probable or imminent litigation. 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

RETURN TO REGULAR SESSION: At 9:54 p.m. Commissioner Polk moved, seconded by Commissioner O’Connor, to adjourn the executive session and return to open session.  

Upon voice vote, the motion carried with 4 yes votes.

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

ROLL CALL: At 9:55 p.m. roll call was taken. Answering to roll call were Commissioners Pavlatos, Polk, O’Connor, and Mayor Mahoney. 

ADJOURNMENT: There being no further business, Commissioner Polk moved, seconded by Commissioner O’Connor, to adjourn the meeting at 9:56 p.m. 

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

Ayes: -4- Commissioners Polk, O’Connor, Pavlatos, and Mayor Mahoney

            Nays: -0-

            Absent: -1- Commissioner Milovich-Walters 

________________________

Cathy A. Gabel
Deputy Village Clerk