VILLAGE OF WORTH
MINUTES OF THE BOARD MEETING
HELD October 4, 2005
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CALL TO ORDER ROLL CALL PLEDGE OF
ALLEGIANCE CITIZEN’S COMMENTS JOSEPH MURRAY VILLAGE TREASURER PRESIDENT’S REPORT CLERK’S REPORTTag Days YMCA and
Worth Lions Metra Fence Intergovernmental
Agreement with the Cook County Health Department Paper Recycling
Container Worth Lions Tree
Lot TRUSTEE’S REPORT Trustee Alcala Police & Fire Life Safety
Commission Trustee Keller Public Works Request to Vacate
an Alley 3 way stop sign at
Plahm & New England No Parking Signs on
the North Side of 109th Street between New England & Worth
Avenue Trustee Rhein Golf CourseTrustee Hartz Building &
Zoning Building Fees Trustee WernerFinancing & Licensing Bill List Ordinance #05-46 Ordinance #0545 Trustee Adamski Economic DevelopmentBeautification Committee Worth Days Committee ATTORNEY’S REPORT ESTABLISHMENT OF
CONSENT AGENDA APPROVE CONSENT
AGENDA Direct Attorney to
prepare and ordinance regarding a subdivision and variance at 6625 W. 115th
Place CITIZEN’S COMMENTS ADJOURNMENT |
President Guzdziol
called the meeting to order at 7:30 p.m. Roll call indicated that the following trustees were present: Becky Alcala, Randy Keller, Mary Rhein, Kevin Werner, Sally Hartz and Barb Adamski. Also in attendance at the meeting were Attorney Mathias Delort, Village Clerk Bonnie Price, Police Chief Patrick O’Connor, Treasurer Joseph Murray, Building Commissioner Bruce Zartler and Public Works Superintendent Wayne Demonbreun Pledge of Allegiance. President Guzdziol asked Attorney Delort to give a legal opinion on a special use permit request. Attorney Delort stated that this request is for a 24-hour transfer station. Attorney Delort stated that a special use is a certain type of zoning change, it is to be administered and heard like a court proceeding. The applicant has to prove by evidence all the elements that are required in our ordinance. It is not to be granted or denied on personal opinion. The procedures need to be followed correctly, when the REDB met they should have issued formal findings of fact, just like a judge’s opinion and is usually five pages long. Attorney Delort stated that he does not feel it is legally appropriate for the Village Board to hear the citizen’s comments, about their opinions of what the case should or should not be resolved. These six trustees and President are sitting as a sworn jury. The formal process was at the Real Estate Board. Attorney Delort stated that we need to understand that if you make a decision on this case it is to be based only on the evidence that was submitted at the Real Estate Development Board, and not on anything else you hear at a board meeting. Attorney Delort stated at this time we should give the trustees a chance to ask questions to me about procedure. In the future when we have a special use request we will have an attorney and a court reporter present. Trustee Hartz asked if the residents would have a time to talk when the REDB does the findings of fact. Attorney Delort stated that one of our options is to send it back to the REDB for simply issuing the findings, another option is to send it back for the findings and for the residents to be heard. Attorney Delort stated that the proper notice was given. Trustee Hartz asked if the REDB is a recommending body? Attorney Delort stated yes. Trustee Keller states that this should go back to the REDB and the residents should be heard. Attorney Delort asked Mr. Smith the Attorney for Graff to talk about what does your client ask us to do. Attorney Smith stated that the client asks that we approve the findings of the REDB. Attorney for Schroeder Material, Jim Stortzum requested that this request for a 24-hour transfer station from Graff Gardens be sent back to the REDB for a full hearing. Attorney for Graff Gardens, Brian Smith stated that the REDB did give an adequate hearing on the issue and urges the Village Board to heed the recommendation of the REDB. Trustee Werner seconded by Trustee Rhein to direct the Real Estate Development Board to rehear the issue of a transfer station at Graff Gardens following the procedures of the Klaren case. A roll call vote followed. Ayes: Trustee Werner, Rhein, Alcala, Keller, Adamski and Werner. Ayes: (6). Nays: (0). Absent: (0) Motion carried. Resident Cheryl Kopp stated that we were all against it so why the 4-3 vote. Resident Frank Micklin finds it hard to believe that the Real Estate Development Board approved this in our community. This will negatively affect our property. Ted Strucinski read a statement stating that the residents disagree with the REDB decision. Joyce Racke turned over to the Village Board a petition with over 100 signatures and a statement from residents opposing the 24-hour transfer station. Betty Hagen stated that it was not advertised that well and was worried about rats, bugs, mosquitoes and flies. Treasurer Joe Murray stated that he and President Guzdziol met with Tom Buglieski of Founders Bank regarding the short term financing related to the property tax receipts and golf course projects financing. Founders Bank stated that they would finance all the money that we would need subject to Attorney Vince Cainkar’s legal opinion regarding this transaction. Treasurer Murray discussed this situation with Attorney Cainkar and Mr. Cainkar stated that the Village has no impediments for financing this money. Tom Buglieski stated that we should structure our financing to fit our needs. Short term financing for short term needs and long term financing for other projects. The Village will borrow $125,000 in small lots at 3.25% for the short term financing for the property tax receipts. The entire money financed will not exceed $500,000. This money must be repaid by December 1, 2005. The long term financing for Water’s Edge Golf Club improvements will be $500,000 the interest is 3.875% and the annual interest payment will be $19,375 and the total principal payment will be due at the end of the loan in 2009. We feel by doing these improvements, it will make the golf course more self-sufficient and profitable. Trustee Werner questioned the 2009 call out on the golf course bonds. Treasurer Murray stated that in 2009 we would be able to renegotiate those bonds. Trustee Rhein stated that the Golf Course Committee has not made any plans yet for capital improvements. The possibility of enclosing the patio area is only a thought. Resident Diane Little asked the Board why they are borrowing $500,000 for short term financing when we have money in bank? President Guzdziol stated that we couldn’t borrow money from different funds in the bank. Ms. Little questioned how much will this loan cost the Village? Attorney Delort stated $1,500. Resident Joyce Racke questioned why only eight notices were sent out regarding the hearing on the transfer station? Clerk Price stated that legally we are only required to hang a notice on the property and publish a notice in the newspaper. President Guzdziol stated that BP Amoco is working very hard to get open by January 1, 2006. President Guzdziol stated that there is a resurfacing project on Southwest Highway from Harlem to the bridge by Patsbys. President Guzdziol stated he received correspondence from the Army Corps of Engineers on September 30, 2005, regarding the environmental impact study. President Guzdziol stated that we have contacted several elected officials to help us stop the dredging at the Lucas Berg Pit. President Guzdziol stated that on the consent agenda is to accept with regret the resignation of Colleen McElroy from the Worth Day Commission. Without any objection. This will remain on the consent agenda. Clerk Price stated that on the consent agenda is to approve 2 tag days the 1st request is from the YMCA for March 31 and April 1, 2006 and the 2nd request is from Worth Lions Club for October 14 & 15, 2005. Without any objection. This will remain on the consent agenda. Clerk Price stated that on the consent agenda is to approve the expenditure of $2,270.00 from the Metra funds to purchase a fence from The Fence Guys, for the small lot that is owned by the Village. Without any objection. This will remain on the consent agenda. Clerk Price stated that on the consent agenda is to approve the Intergovernmental Agreement with the Cook County Health Department and authorize President Guzdziol to sign the agreement. Clerk Price stated that we have been using Cook County to do the health inspections for businesses and it is working out very nice. They are very efficient and the reports are brought into the Village Hall after the inspection. Without any objection. This will remain on the consent agenda. Clerk Price stated that she would like to place a container for paper recycling near the Village Hall. This will be done on a trial basis. Clerk Price stated that on the consent agenda is to approve the request from the Worth Lions to have the tree lot on 115th & Harlem from November 25 – December 20, 2005. Without any objection. This will remain on the consent agenda. Trustee Alcala submitted the Fire report for August 2005. Trustee Alcala stated that the Life Safety Commission meeting went very well. The lawyer Keith Harley was at the meeting to answer any questions. Trustee Alcala stated that the committee is looking for alternate sites. Trustee Alcala stated that the next meeting would be on October 19, 2005 at 7 p.m. at the Village Hall. Trustee Keller stated that on the consent agenda is to authorize the Village Attorney to proceed with the request from Tycoon Development to vacate an alley. This request is for the first apartment building to the west of Founders Bank, the developer would like to turn this building into condos. The area where the cars park now belongs to the Village of Worth. Trustee Keller stated that there are some utilities on this property. Attorney Delort stated the Village would need to have an ordinance regarding the vacation. This developer is asking to purchase the property. Without any objection. This will remain on the consent agenda. Trustee Keller stated that he had a request from a resident to have a 3 way stop at Plahm and New England. Trustee Keller sent a letter to the residents and received 7 phone calls in favor of this 3 way stop. Trustee Keller stated that resident Jack Boehm has dropped off a petition in favor of the 3 way stop sign. Trustee Keller stated that the police chief feels that this will slow down the traffic. Trustee Keller would like to direct the Attorney to prepare an ordinance for the next meeting. Without any objection. This will remain on the consent agenda. Trustee Keller would like to direct the Attorney to prepare an ordinance regarding no parking on the North side of 109th Street between New England and Worth Avenue. Chief O’Connor recommended this to the Village Board. Chief O’Connor stated that we have some issues that have come up over there. Chief O’Connor stated that we are starting a community watch program. Chief O’Connor stated that no parking signs have been posted on Lode from Oak Park to the end of the street. Chief O’Connor stated that there are several building violations in that area and the fire chief will help with fire code violations. Chief O’Connor stated that he would have community meeting in the next 2 weeks. Chief O’Connor will be looking for block captains. Without any objection. This will remain on the consent agenda. Trustee Rhein stated that we are looking at the options of enclosing the golf course. Trustee Rhein stated that the clubhouse would be open till midnight on Friday, Saturday and Sundays. Trustee Hartz stated that on the consent agenda is to approve the recommendation of the REDB for the variance and sub division located at 6625 W. 115th Place. Trustee Rhein asked that be stricken from the consent agenda. Trustee Hartz stated that Commissioner Zartler would like to raise the contractor’s fees from $75.00 to $100.00 the demolitions from $50.00 to $100.00 and the inspector’s fees to $25.00. Trustee Hartz would like to direct the Attorney to amend the ordinance. Trustee Werner stated that on the consent agenda is the approval for the bill list in the amount of $187,343.58. Without any objection. This will remain on the consent agenda. Trustee Werner stated that on the consent agenda is to approve ordinance # 05-46 – An ordinance regarding the general obligation limited tax debt certificates to be used for a project at Water’s Edge Golf Course. Without any objection. This will remain on the consent agenda. Trustee Werner stated that on the consent agenda is to approve ordinance #05-45 - An ordinance providing for the borrowing of $500,000.00 from Founders Bank pending the receipt of Real Estate Taxes. Without any objection. This will remain on the consent agenda. No report. Attorney Delort stated that on the consent agenda is to approve a. Approve ordinance #05-40 – An ordinance regarding sign regulations. Attorney Delort stated that this ordinance is to help protect the Village from being sued. b. Approve ordinance #05-41 - An ordinance regarding vehicle sticker fees. This ordinance is to increase the vehicle sticker fees, that in November there is a $2.00 discount and to have the stickers due on the vehicle by December 31, 2005. c.
Approve ordinance #05-42 - An ordinance regarding
crossing guard salaries. This ordinance is regarding one crossing guard that
was being paid monthly now all crossing guards will be daily, when they work. d. Approve ordinance #05-43 - An ordinance regarding administrative adjudication of ordinance violations, as amended. This ordinance is increasing the fees of p-tickets form $30.00 to $35.00 and the late fee from $60.00 to $70.00. e. Approve ordinance #05-44 - An ordinance approving a subdivision of property located at 10631 Southwest Highway, 7162 W. 107th Street and 10607 S. Harlem Without any objection. This will remain on the consent agenda. Trustee Hartz seconded by Trustee Keller to establish the consent agenda. A voice vote followed. Motion carried. Consent Agenda October 4, 2005
p. Direct the Attorney to amend the ordinance regarding contractor’s fees, demolition fees and inspection fees. q. Direct the Attorney to prepare an ordinance regarding a 3 way stop sign at Plahm Court and New England. r. Direct the Attorney to prepare an ordinance for no parking on the North side of 109th Street between New England and Worth Avenue. Trustee Rhein seconded by Trustee Alcala to approve the consent agenda as adopted. A roll call vote followed. Ayes: Trustee Hartz, Rhein, Alcala, Keller, Adamski and Werner. Ayes: (6). Nays: (0). Absent: (0) Motion carried. Trustee Adamski moved seconded by Trustee Alcala to direct Attorney to prepare an ordinance regarding a subdivision and variance at 6625 W. 115th Place Trustee Rhein stated that she disagrees with taking a 100’ lot and sub dividing into 50’ lots. A roll call vote followed. Ayes: Trustee Alcala, Adamski, Werner and Guzdziol. Ayes: (4). Nays: Hartz and Rhein (2). Abstention: Keller (1). Absent: (0) Motion carried. Resident Henry Angel asked how many members the REDB consist of? President Guzdziol stated 7 members. The resident also asked if the REDB findings are a public record on and individual basis? President Guzdziol stated yes. Resident Robbie Steven Barker stated that the 3 way stop sign that was discussed earlier. The resident stated that the Village will incur a cost to install the stop signs, and that the area that we are choosing is a dead end street. The resident is looking for some statistical information on that intersection. Before this is adopted the resident is looking for this to be examined further. Trustee Keller stated that he received 7 phone calls that were in favor of this. Resident Jack Boehm stated that he is the resident that circulated the petition for the stop sign; he also stated that he would reimburse the Village for the cost of the signs if that is a reason to deny the signs. Resident Robert Nichols, stated that he has complained about semi tractors that park in the Village they park on Plahm Court, one on Worth Avenue and on 107th Street. This is a residential neighborhood. Chief O’Connor stated that the police department does write tickets and that the residents should call the police department to report overnight parking of semi tractors. These trucks are parked in driveways during the day. Trustee Alcala moved seconded by Trustee Hartz to adjourn the Regular Meeting at 9:38 a.m. A voice vote followed. Motion carried. __________________________________________ Bonnie M. Price, CMC Village Clerk |
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