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MINUTES OF THE BOARD OF COMMISSIONERS’ MEETING 
HELD ON DECEMBER 14, 2009

 The Board of Commissioners of the Village of Palos Park, Cook County, Illinois held its regular meeting on Monday, December 14, 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; Joe Miller, Chief of Police; Jacob Karaca, Assistant Village Attorney; Barbara Maziarek, Finance Director; Steve Manning, Community Development Director; Sheila Sosnicki, Library Director; Kathleen May, Deputy Clerk and Cathy Gabel, Deputy Clerk. 

TRUTH IN TAXATION PUBLIC HEARING: Commissioner O’Connor announced the Council’s desire to raise municipal taxes by a percentage more than the 4.99% allowed. The tax increase is to fund what was not funded when referendums were passed in 2002. The creation of a Police Pension Fund was approved by voters but the question “Shall the Extension Limitation under the Property Tax Extension Limitation Law for the Village of Palos Park be increased from 1.6% to 11.81% for the 2002 Levy Year for a Police Pension Fund” did not pass meaning no increase in taxes to pay for the Police Pension Fund. Monies to fund the Police Pension are currently coming out of the General Fund. Barb Maziarek, Village Finance Director, stated the Tax Levy Ordinance is the Village’s request to receive property taxes levied on parcels within in corporate boundaries. Under the Truth in Taxation Law, if the estimated tax levy exceeds 105% of last year’s final aggregate levy, a formal hearing with a published legal notice in the newspaper is required. Since the tax levy increase is above the 5% extension cap, hence the public hearing. The Village’s Tax Levy for 2009 ($1,721,894) represents an increase of 18.46%. 4.99% will go to the corporate portion of expenditures and 13.84% to fund the Police Pension Fund. The proposal is to raise the 2009 limiting rate by $0.099 per $100 of Equalized Assessed Valuation (EAV). Several tax bills from the Village were presented to demonstrate the impact on residents. A home in Palos Park with an EAV of $101,535.00 is currently paying $427.80 to the Village. The resulting estimated tax increase would be $101.00 with a total of $528.80 going to the Village. A tax referendum workshop will be scheduled in January 2010. With no further comment Mayor Mahoney closed the Truth in Taxation Public Hearing at 8:01 p.m.  

APPROVAL OF MINUTES OF THE REGULAR COUNCIL MEETING HELD NOVEMBER 23, 2009: Commissioner O’Connor moved, seconded by Commissioner Polk, to approve the minutes of the Regular Council meeting held on November 23, 2009 as presented.  

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

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

`           NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters  

COMMISSIONERS’ REPORTS:

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

AUTHORIZATION TO GO OUT TO BID FOR PROPOSED WATER RESERVOIR EXPANSION:
In Commissioner Milovich-Walters absence, Mayor Mahoney reported Public Works is requesting Council approval to go out to bid for the 300,000 gallon extension to the water reservoir. The Village is required to provide water storage for two (2) days. This was planned by the Village as part of the Water and Sewer Rate Study completed in FY 2009. The water reservoir expansion is estimated to cost $2.1 million. This is to be funded by a bond of $1.75 million which is currently being paid for by the residents as a bond charge of $6.50 monthly over twenty years. The remainder of the funding will be taken from the reserve water fund balance of $1.04 million as of May 1, 2009 which was planned in the FY 2010 budget, predicting a deficit of $552,095.00. Awarding of the bid will likely take place in February or March 2010.  

Commissioner Polk moved, seconded by Commissioner O’Connor, to approve authorization to go out to bid for the proposed water reservoir expansion. 

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 

REVISIONS TO SNOW AND ICE CONTROL POLICY: Mayor Mahoney read a list of revisions to the Snow and Ice Control Policy and Procedures Manual originally approved by Council on January 12, 2009. The revisions were made to establish policy and procedures for the use of calcium chloride as well as to update the policy to include standard operating procedures.  

Commissioner Polk moved, seconded by Commissioner Pavlatos, to approve revisions to the Snow and Ice Control Policy and Procedures Manual. 

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 24 building permits totaling $5,171.50 in fees through November 30, 2009. The Building Department conducted 35 building inspections. One certificate of occupancy was issued. No exaction fees were collected. 

CODE AMENDMENT REFERRAL TO PLAN COMMISSION: Commissioner Pavlatos reported the Plan Commission and Zoning Board of Appeals (ZBA) have discussed the various provisions currently in Village Code pertaining to the requirements for issuing notices for public hearings for zoning and subdivision requests and right-of-way vacations. Plan commission and ZBA noted several ways that the Village notice procedures can be improved. Improving notice procedures is best done by amending Village Code. As such, Commissioner Pavlatos suggested that hearing notices be reviewed by Plan Commission and a recommendation be sent to Village Council for consideration.   

Commissioner Pavlatos moved, seconded by Commissioner Polk, to request that a Code Amendment improving public hearing notices be reviewed and recommended by the Plan Commission for adoption by the Village Council. 

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 

COMMISSIONER OF PUBLIC HEALTH AND SAFETY, DANIEL POLK:

H1N1: Commissioner Polk stated the rate of new cases of H1N1 is dropping based on reports from Illinois Department of Public Health. Vaccine for H1N1 is now available at the Palos Township Health Service. Vaccine is free to township residents. Call 708-598-2442 for an appointment. The Health Service is located 10802 S. Roberts Road.   

HOME SAFE HOME: Commissioner Polk announced Illinois Attorney General Lisa Madigan is presenting her third annual Safe Shopping Guide: Home Safe Home. The guide contains information on a total of 121 children’s products recalled from January 1, 2009 through November 13, 2009. Residents who have any questions or concerns about a recall are asked to call the Attorney General’s Product Recall Hotline at 1-888-414-7678. 

HOLIDAY SCAMS: Commissioner Polk cautioned residents about using the internet for their holiday shopping. Some online shopping tips include: protecting your computer with the most up-to-date spam filters, anti-virus software and a secure firewall, using trustworthy websites, protecting your personal information, confirming your online purchase is secure and keeping documentation of your order.  

PHOTO ENFORCEMENT: Photo enforcement cameras are now activated at the intersection of 131^st Street and LaGrange Road. There will be a warning period of about one week before they go “active”.  

ADMINISTRATIVE ADJUDICATION HEARING OFFICER: Commissioner Polk stated when a ticket is issued for a violation of the safety cameras; individuals have the right to contest the violation. Currently a hearing is held at the Bridgeview Court House. With the hiring of an Administrative Adjudication Officer hearings can be held locally at the Kaptur Administrative Center. Commissioner Polk recommended Michael Carroll, a local attorney, as the Adjudication Officer to be hired.  

Commissioner Polk moved, seconded by Commissioner O’Connor to approve the appointment of Michael Carroll as Administrative Adjudication Hearing Officer. 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters 

NEW PART-TIME POLICE OFFICER ROSS CHIBE: Ross Chibe, long-time member of the Palos Park Police Cadets, was sworn in as a part-time Palos Park Police Officer this evening. Clerk Bryson read the Police Oath of Office. Officer Chibe stated a police officer’s purpose is to provide the best public service possible. Everyday, Palos Park Police Officers are there to protect us and our families not because it’s a job but it’s what they believe in.  

COMMISSIONER OF ACCOUNTS AND FINANCE, MARY O’CONNOR:

ADOPTION OF THE TAX LEVY ORDINANCE: Commissioner O’Connor moved, seconded by Commissioner Polk, to adopt the Tax Levy Ordinance for 2009 in the amount of $1,721,894.00 of which $1,352,309.00 is the Village Levy and $369,585.00 is the Library Levy. 

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

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

            NAYS: -0-

            ABSENT: -1- Commissioner Milovich-Walters           

MAYOR’S REPORT:

RESOLUTION FOR LAVERNE KOZAL: Mayor Mahoney was pleased to honor Laverne Kozal, Building Department Coordinator for the Village of Palos Park, with a resolution commending her for twenty-five years with the Village.  

Commissioner Pavlatos moved, seconded by Commissioner Polk, to pass a Resolution commending Laverne Kozal for 25 Years with the Village of Palos Park. 

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 

Laverne Kozal addressed Council by saying it is truly a pleasure being in Palos Park and appreciates all the good this Council has provided to her and the residents of the Village.  

HIGHLIGHTS OF HOLIDAY TREE LIGHTING: Mayor Mahoney reported the Village Tree Lighting and Holiday Bazaar that took place on Friday, December 4^th at the Recreation Center was very successful and attended by many. Local businesses were on hand to sell holiday gift items as well as provide food and beverages and entertainment was provided by Palos West Cardinal Choir, Turning Point dance, Palos South Choir and the Irish Dancers. Mayor Mahoney thanked everyone for making this such a wonderful event.  

ADOPTION OF THE AMENDED COMPREHENSIVE PLAN: On March 19, 2009 Plan Commission met for a public hearing to consider amendments to the draft Comprehensive Plan. The Plan Commission felt that some areas of the Village originally designated for commercial use should have the commercial designation removed. Five areas were voted on separately. On Monday, December 7, 2009, the Village Council held a public hearing in regard to the proposed Comprehensive Plan for the Village and to vote on the findings and recommendation of the Plan Commission. Mayor Mahoney stated Council voted to adopt an Ordinance Approving an Amended Comprehensive Plan for the Village of Palos Park and amending Part Twelve, Title Two, Chapter 1222 of the Palos Park Village Code in relation thereto with the language on page 23 entitled “MWRD and Adjacent Properties” be amended to read “adjacent properties may be considered for less intense, complimentary commercial use (complimentary to the MWRD leased land use)”. Mayor Mahoney stated he truly believes we have a plan that reflects our community and values.  

CLERK’S REPORT:

SENIOR CLUB UPDATE: Clerk Bryson reported the Senior Club held their Christmas party on Monday, December 7^th at Capri Ristorante in Palos Heights. Lunch was followed by entertainment. The next scheduled Senior Club meeting is January 11, 2010.  

ADMINISTRATORS REPORT: Administrator Jones had no formal report this evening.  

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 Pavlatos to: 

1.        PASS A RESOLUTION AUTHORIZING THE VILLAGE CLERK TO MAKE CERTAIN CLOSED SESSION MEETING MINUTES AVAILABLE FOR PUBLIC INSPECTION – SECOND REVIEW 2009 

2.        APPROVE PAYMENT FOR PATSE BUS SERVICE IN THE AMOUNT OF $132.00 

3.        APPOINT A FREEDOM OF INFORMATION OFFICER FOR THE VILLAGE OF PALOS PARK 

4.        APPROVE PAYMENT OF INVOICES ON THE WARRANT LIST FOR DECEMBER 14, 2009 IN THE AMOUNT OF $257,622.27 

5.        APPROVE THE SUPPLEMENTAL WARRANT LIST FOR DECEMBER 14, 2009 FOR MANUAL CHECKS, PAYROLL, AND RECURRING WIRE TRANSFERS IN THE AMOUNT OF $551,086.03 

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: None 

NEW BUSINESS:

PLAN COMMISSION AND ZONING BOARD OF APPEALS (ZBA) RECOMMENDATIONS TO BE CONSIDERED IN ORDINANCE FORM: 

1. Derek Carstensen, 12110 South 86^th Avenue, Palos Park, IL requesting a side and rear yard setback variance 

Commissioner Pavlatos stated a 12’ x 20’ shed was built behind the garage at 12110 S. 86^th Avenue last spring. A building permit was required but not applied for. The Building Department became aware of the violation after the shed was built. The shed is not on a foundation and can be moved. Mr. Carstensen stated he spoke with the Village Code Enforcement Officer who told him a permit was not needed as long as the shed was not as big as a garage. Mr. Carstensen then hired a company to come out and build the shed. Zoning Board of Appeals (ZBA) met on November 19, 2009 to hear the Carstensen variance. Zoning Board of Appeals took the following action: Steve Maier moved, seconded by Nancy Konior, to deny a rear yard setback variance of 3’5” to the required 15’ resulting in a rear yard setback of 11’7” which was a 23% variance because there was no hardship. The motion carried unanimously. Steve Maier moved, seconded by Nancy Konior, to deny the side yard setback variance of 8’7” due to there being no hardship. The motion carried unanimously. Chairman Lencioni told Mr. Carstensen the Village Council would have final determination at the December 14, 2009 Village Council meeting. Mr. Carstensen and his wife have since reconsidered their request for a variance. Commissioner Pavlatos reported he would look in the matter with those directly involved.  

2. Adopt an Ordinance Amending Part Twelve, Title Four, Chapter 1244, Section 1244.075 of the Palos Park Village Code in regard to Development Land Donation and Exaction Fees 

Commissioner Pavlatos reported a comprehensive review of all fees has been undertaken by the Building Department this year. An update to exaction fees is being proposed. Exaction fees are charged for new homes to help pay for the impact on park, school, and library facilities that new growth brings. The Village has required such fees since 1994.  The objective is to adjust fee rates to be reasonable in relation to the facilities provided but still less than surrounding municipalities. Commissioner Pavlatos proposed increasing the fee to $10,000.00.  

Commissioner Pavlatos moved, seconded by Commissioner Polk, to adopt an Ordinance amending Part Twelve, Title Four, Chapter 1244, Section 1244.075 of the Palos Park Village Code in Regard to Development Land Donation and Exaction Fees.  

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:

Margerie Gilbert – 12329 Seminole, Palos Park – Ms. Gilbert spoke this evening not only as a resident of Palos Park but a member of the League of Woman Voters of the Palos Orland area. Ms. Gilbert stated the Video Gaming Act, enacted on July 13, 2009 legalizes the use of video gaming terminals in specific establishments such as bars to raise revenues through a gaming tax. The statute states video gaming may be prohibited in a municipality by passing an ordinance prohibiting video gaming. Ms. Gilbert reported Palos Heights, Orland Park, South Holland, Country Club Hills, and unincorporated Areas of Cook County have banned video gaming. Ms. Gilbert urged Palos Park to enact an ordinance prohibiting video gaming.  

Joe Evans – 12120 86^th Avenue, Palos Park – Mr. Evans has dealt with Rod many times and defended his actions.  

R. J. Alexa – 12118 S. 86^th Avenue, Palos Park – R.J. lives next door to the Carstensen’s. He was speaking for his mother, Mrs. Ferano, who was not able to attend. Their picture windows face the back wall of the shed. They question why it was built so close to the property line and why an earth berm on the south side of the shed on the Carstensen property was built without permission from the Village or Ferano’s.  

Julie Kay – 12008 S. 86^th Avenue, Palos Park – Ms. Kay spoke at the ZBA Hearing with her objections to Mr. Carstensen’s request. She is sorry she offended Mr. Carstensen but she was speaking as a resident and not a member of the Plan Commission.  

Maria Rogers – 12021 93^rd Avenue, Palos Park – Mrs. Rogers wanted to thank Ross Chibe for his hard work and to remind everyone the Palos Historical Society is having a social on Tuesday, December 15^th from 9:00 a.m. – 2:00 p.m. of which all are invited to attend. 

Greg Kogut – 12117 86^th Avenue, Palos Park – Owner of McDivots stated the most you can bet at a video gaming machine is $2.00. It was reported payback is 80% and the largest payout is $500.00. Mr. Kogut stated McDivot’s would probably take advantage of video gaming.  

Mike Gaichas – 8502 121^st Street, Palos Park – Mr. Gaichas congratulated the Marist High School community for their trip to Champaign, IL on November 28^th for the IHSA Class 8A championship football game.  

Mary Ann Hansen – 12512 S. 90^th Avenue, Palos Park – Ms. Hansen asked if a salary was attached to the hiring of an Administrative Adjudication Hearing Officer and a Freedom of Information Officer. Council responded that the full-time Deputy Village Clerk will assume this role with no additional salary. Chief Miller responded by saying compensation for the Adjudication Officer is per meeting. One meeting per month lasting no more than two hours.

ADJOURNMENT: There being no further business, Commissioner O’Connor moved, seconded by Commissioner Pavlatos, to adjourn the meeting at 9:42 p.m. 

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

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

            Nays: -0-

            Absent: -1- Commissioner Milovich-Walters  

________________________

Cathy A. Gabel
Deputy Village Clerk

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♦  Mayor: John F. Mahoney
♦  Village Manager
♦  Treasurer
♦  Police Chief: Joe Miller
♦  Fire Chief: Steven J. Carr
♦  Recreation Department
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Village Commissioners
♦  Public Works: Nicole Milovich-Walters
♦  Police: Dan Polk 
♦ Building: G. Darryl Reed
♦ Finances: Kent Oliven

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