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HomeMy WebLinkAbout09/04/2012 VB MinutesMINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT September 4, 2012 CALL TO ORDER Mayor Wilks called the meeting to order at 7:04 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Michael Zadel Absent: Trustee Polit (arrived at 7:15 p.m.) Mayor Wilks stated Trustee Polit had indicated earlier in the day he may be late for tonight's meeting. In his absence she will give the Invocation. PLEDGE PLEDGE OF ALLEGIANCE Trustee Matuszak led the Pledge of Allegiance. INVOCATION INVOCATION Mayor Wilks gave the Invocation. MINUTES MINUTES Trustee Hoefert, seconded by Trustee Zadel, moved to approve the minutes of the regular Village Board meeting held August 21, 2012. Upon roll call: Ayes: Hoefert. Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. APPROVE BILLS APPROVE BILLS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS" was noted by an asterisk, and unless there was a request to remove an item(s), all items further listed in that manner would be considered with one (1) vote as business item "IX. CONSENT AGENDA." MAYOR'S REPORT MAYOR'S REPORT A. Proclamation: "Texting and Driving Awareness Month," September 2012 TEXTING AND Mayor Wilks presented the proclamation to Police Sergeant Anthony Addante. Sergeant DRIVING Addante thanked the Mayor and Village Board for recognizing this important safety message. AWARENESS Sergeant Addante stated in 2010 over 3,000 fatalities were associated with distracted driving; including texting. He stated the police are using every communication tool, including police presence in the school zones to educate drivers about the dangers of texting and driving. Social media is effective in communicating the risks of texting to teenage drivers. APPOINTMENTS APPOINTMENTS Mayor Wilks presented the following appointments for the Village Board's approval: Youth Commission Appointment: Jonathan Okon Term expires June 2013 Noah Kiel Term expires June 2013 Minutes of the Regular Meeting of the Page 1 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect Mayor Wilks recognized Jonathan Okon who was in attendance with his parents Dave and Beth Okon. Trustee Hoefert, seconded by Trustee Korn, moved to approve the appointments as listed above: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. Mayor Wilks introduced Tarina Wimmer, Special Events Commission member and Chair of the Susan G. Komen 3 -Day Walk for Breast Cancer — Adopt -a- Block. The Special Events Commission organizes the Village wide Adopt -a -Block program held annually for the participants of the 3 -Day walk. The participants are greeted with the support of the community as they walk through Mount Prospect on the 2 nd day of their walk. Mayor Wilks stated the Village typically receives many positive emails and other correspondence from participants who are moved by the outpouring of support from the Mount Prospect community. She then read a letter from "Team Coyote" after their recent walk through Mount Prospect. Mayor Wilks recognized Ms. Wimmer and the Special Events Commission for all their work and the support of the residents, business community and staff. Ms. Wimmer thanked the Mayor and Village Board for their support of the Adopt -a -Block program as well as the residents, business community and staff for their contributions and support. CITIZENS TO BE COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD HEARD Mr. Wes Pinchot 747 Whitegate Mr. Pinchot asked the Village Board to consider giving residents some relief for the cost of water not going into the sewer system; water used for residential landscape. He estimated that approximately 31,000 gallons of his water usage this summer was used on landscaping. Mr. Pinchot suggested the Village could use winter usage rates and deduct difference (summer usage) to determine landscape usage. He indicated the City of Rolling Meadows and other municipalities are considering giving residents relief in water rates for landscape water usage. Village Board Comments -Some municipalities put a surcharge on water used for landscape; water usage on landscape is a choice — domestic usage is necessary. -Village has combination water /sewer fee. -Charges — system usage; however village breaks out cost there willl always be a certain amount we have to pay for system. -May cost Village more if a "backdoor" way of billing landscape and domestic water is used. -Understand resident concern but must pay for system not just usage. In response to questions from the Village Board Mr. Erb stated if landscape water was discounted the Village would need to increase sewer rates. Mr. Janonis stated the Village would survey other communities regarding discounted rates for landscape water usage. CONSENT AGENDA CONSENT AGENDA Trustee Matuszak , seconded by Trustee Juracek, moved to approve the following business items: APPROVE BILLS 1. Bills dated August 16 — August 29 , 2012 Minutes of the Regular Meeting of the Page 2 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect RES NO. 34 -12 2. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ILLINOIS, THROUGH ITS DEPARTMENT OF TRANSPORTATION, TO IMPROVE THE EXISTING SIGNALIZED INTERSECTION ON IL RTE 62 (ALGONQUIN ROAD) AT DEMPSTER STREET AT, IL RTE 62 (ALGONQUIN ROAD) AT BUSSE ROAD AND DEMPSTER STREET AT BUSSE ROAD, MOUNT PROSPECT, ILLINOIS 3. A RESOLUTION APPROVING A PLAT OF EASEMENT FOR PROPERTY LOCATED RES NO. 35 -12 AT 701 -705 WHEELING ROAD AND 601 EAST KENSINGTON ROAD Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. PZ- 19 -12, ARC Disposal Company Inc. and E & P Investment Corp., 1921, 2069, 2101, PZ- 19 -12, ARC 2105 and 3125 South Busse Road. DISPOSAL COMPANY AND Mayor Wilks stated there were four (4) items for Village Board consideration; each of these items E & P INVESTMENT will stand for a second (2 reading at the September 18 Village Board meeting. CORP., 1921, 2069, 1) 1 st reading of An Ordinance Annexing Certain Territory to the Village of Mount Prospect 2105 AND 3125 (ARC Disposal Company, Inc. and E & P Investment Corporation, located at 1921, 2069, SOUTH BUSSE 2101, 2105 and 3125 South Busse Road.) ROAD 2) 1 St reading of An Ordinance Amending Chapter 14 Entitled "Zoning" of the Village Code of Mount Prospect, Illinois 3) 1 St reading of An Ordinance Approving a Map Amendment (Rezoning) to the Village of Mount Prospect Zoning Ordinance (ARC Disposal Company, Inc. and E & P Investment Corporation, Located at 1921, 2069, 2101, 2105 and 3125 South Busse Road, Mount Prospect, Illinois) 4) 1 St reading of An Ordinance Granting a Plat of Vacation of Public Right -of -Way at Kenneth Drive. Community Development Director William Cooney stated on June 19, 2012 ARC Disposal, Inc. and the Village entered into an Annexation Agreement regarding the subject property. The Petitioner requests the Village take the following action for annexation of the subject property. 1) Ordinance authorizing the annexation of the subject property into the Village. Per the annexation agreement, a new 1 -3 Solid Waste Hauling District within the Mount Prospect Zoning Code would be created, which would allow ARC's current use of the subject property a permitted use. The proposed text and map amendments are intended to create the 1 -3 District and apply the new regulations to the subject property upon its annexation into the Village. 2) Text Amendment: amends Chapter 14, "Zoning" by creating a new Article XXIA, entitled 1-3 Solid Waste Handling District for the subject property. Staff reviewed requirements of the zoning district, most of which reflect what has been at this location for years; solid waste handling. 3) Map Amendment; amends Chapter 14, commonly known as the Village of Mount Prospect Zoning Ordinance, to rezone the annexed property located 1921, 2069, 2101, 2105 and 3125 South Busse Road from R -X Single Family to 1 -3 Waste Handling. 4) Plat of Vacation: vacate public right -of -way at Kenneth Drive; as part of the ARC annexation agreement Kenneth Drive will become a private street with appropriate access for other properties that use the road. ARC Disposal will take full responsibility for maintenance and repair of Kenneth Drive. Minutes of the Regular Meeting of the Page 3 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect The Planning and Zoning Commission recommended approval of the Text Amendment and Map Amendment by a vote of 5 -0 at their July 26, 2012 meeting. Staff recommend the Village Board approve the (1) petitioner's request for annexation; (2) Text Amendment — amendment to Chapter 14 creating the 1 -3 Solid Waste Handling District; (3) Map Amendment — rezone the annexed property from R -X Single Family to 1 -3 Solid Waste Handling and (4) Plat of Vacation of public right -of -way at Kenneth Drive. In response to Trustee Juracek's questions /concerns regarding lot coverage /zero foot setback on the subject property staff provided the following information: -The five (5) parcels will not be consolidated into one. -Set back will be around each individual border -Parcels are not connected to Mount Prospect sanitary /storm sewers. -Once subject property is in the Village all storm water regulations would apply; lot coverage only applies if ARC builds new structures. In response to questions from Trustee Hoefert regarding the benefits of annexation, Mr. Cooney provided the following: -Annexation of subject property would give the Village greater control in all aspects including property maintenance concerns and future improvements. -Under the Village's proposed 1 -3 Solid Waste Handling District the property is limited to that use. Under ARC's current 1 -3 Zoning with the County, the property is zoned for various uses including, feed yards, foundries, rubber processing and adult theatres. -While ARC is under Cook County jurisdiction, Village authority is very limited; once subject property is in the community will have authority to enforce compliance with applicable Village Codes. -Changing zoning is not going to change current use. -Vacation of Kenneth Drive — becomes a private use road; Village will not maintain. Mr. Cooney confirmed Trustee Zadel's comments that any annexed property per the Code must first be zoned R -X and the proposed 1 -3 zoning district provides for Village control. Trustee Polit stated the Village Board is very receptive to resident concerns. The annexation of ARC is part of the Village's long range plans for the south side. And, as such the Village developed sound guidelines that ARC will need to comply. Trustee Korn stated while the issues were different there was also public concern with the United Air Line annexation. However, in both cases annexation of these properties provide greater control /enforcement for Village Code compliance. Trustee Matuszak stated he understood resident concerns regarding the expansion and questioned the zero foot setback. He suggested putting setback requirement in the code and grandfather ARC. Trustee Hoefert noted that ARC Disposal has not always handled the Village's waste. Annexation does not give ARC a life -time agreement for Village solid waste services. Mr. Ken Kubesia, attorney for the petitioners was in attendance and provided the following in response to questions from the Village Board. -ARC has been at its presented location for well over thirty (30) years. -The Village asked ARC to come into the Village; wanting to be good citizens ARC and E & P Investment accepted. -ARC will benefit from taking over Kenneth; make sure road is well maintained. -Village suggested zero foot setback; if ARC wants to expand , will need to comply with Village Code. -No plans for further building; does not expect property to extend any further than it does now. -No plans to relocate solid waste operation. Minutes of the Regular Meeting of the Page 4 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect Village Manager Janonis stated the vacation of Kenneth Drive was part of the annexation negotiations with ARC. Due to the heavy traffic and vehicle weight the road is expensive to maintain. ARC also agreed not to disconnect at a later date. Trustee Juracek recommended the following revisions: 1)Setback — 25 foot setback 2)Make generic requirement for landscape buffer 3) Make accommodations for buffer along arterial road. Trustee Juracek also requested for clarification of the regulation: Section 14.21A03: Regulation; A. Minimum Parcel Size. Mr. Cooney stated staff would have no objection to the change in setback. Mr. Kubesia indicated he did not anticipate any objection to the 25 foot setback; he will review existing language in proposed ordinance. Public Comment Mr. Lee DeWold Attorney for Victoria Hills Homeowner's Association (11,064 residential units) Mr. DeWold stated he was in attendance to present the homeowner's concerns regarding the proposed annexation and related zoning change. He indicated the Homeowner's Association appreciates the Village's concerns to gain better control of the subject property using the proposed 1 -3 zoning. However, the Association has numerous concerns and believes the Village Board and staff are rushing to approve the 1 -3 zoning district without consideration to the residents living across the street. As drafted the 1 -3 zoning district lacks clear and specific language including; 1) no definition of outdoors; 2) will the blowing debris be grandfathered in as legal /nonconforming; 3) combustion — will ARC be allowed to incinerate waste 4) particulate matter — doesn't address solid waste blowing out into residential area and 5) no language regarding rodent control. (Mr. DeWold showed pictures of one of the ARC solid waste buildings to illustrate it was not a fully sided structure; garbage falling out of building.) Mr. DeWold stated the Homeowner's Association does not want ARC to come into the Village but if it does; 1 -3 regulations should be written with consideration of residents. Unless Village puts in greater controls the Association believes the 1 -3 zoning district will be more permissive than controlling. In addition to Mr. DeWold several of the multifamily property owners across from ARC Disposal were in attendance. The following property owners addressed the Village Board. Mr. Doug Stewart — owner 1850 Anna Marie Drive Mr. Stewart stated he supported the annexation of ARC into the Village but wanted to make sure ARC had a base plan to address: increased traffic; additional solid waste and rodent control. If ARC decides to expand and becomes more visible it will not be an improvement to the community. Need base plan to determine if having ARC in the Village is an improvement. Mr. Stewart stated he is in support of the 25 foot setback. Phyllis Rose — owner Victoria Hills Ms. Rose provided pictures to illustrate condition of the garbage /garbage structures at ARC Disposal. She does not support the annexation. The smell, rodents and blowing debris from the site is already problematic. ARC has a lot of land; If allowed to expand the problems would only become worse; no consideration for the residents who live across the street. Ms. Rose also presented pictures recently taken at Victoria Hills that show the rate holes in the parking lot. She indicated the rats are from the ARC property. Minutes of the Regular Meeting of the Page 5 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect Nancy Comita — owner 1852 Anna Marie Ms. Comita stated she is concerned with the 100% lot coverage; if allowed to expand ARC could bring in more garbage that will increase existing problems with odor, rodents and traffic. Ms. Comita is worried she will lose tenants due the impact of an expanded waste site. She asked if the Village could write in a five (5) year "no- bulid" clause; forcing ARC to clean -up the area before expansion. In addition, she is concerned with the word "combustible" in the 1 -3 zoning district; will ARC be allowed to incinerate. In response to the questions and comments from the property owners Mr. Cooney provided the following: -Annexed property first zoned R -X; then becomes 1 -3. -ARC has not submitted any plans; but could expand. -Could expand under County jurisdiction. -Village Environmental Health Division will be able to address property maintenance issues once property is annexed. While under County jurisdiction have limited authority to enforce Village regulations. -ARC will have to comply to Village Code for any and all new construction. -Annexation is voluntary — if Village puts conditions on annexation that ARC does not agree with, annexation agreement could become null and void. Village will have no ability to address concerns raised by property owners. Village Manager Michael Janonis responded to the question regarding incineration stating incineration is a disposal method highly regulated by the government; must meet environmental standards as well as other regulatory standards. Village would also have concerns with this type of facility. Mayor Wilks called for a recess at 9:04 p.m. Mayor Wilks resumed the September 4, 2012 Village Board meeting at 9:09 p.m. Village Board Comments -Annexation into the Village will give Village staff authority to enforce and remedy many of the property maintenance concerns raised by the property owners. -If the property remains under Cook County jurisdiction the Village will not be able assist the property owners with their concerns. -The Village has an effective code enforcement program; properties are routinely inspected and violations cited. ARC is an on -going operation that affects quality of life; the Village will take substantive steps to ensure quality of life. -Understand frustration with conditions but frustration is not going to go away if ARC annexed or not. -Village plan is to enforce all Village codes. -Expansion — ARC cannot just knock down and rebuild; must comply with current Village Code; new construction not grandfathered. Mayor Wilks stated the ordinances related to the ARC annexation will be held for a second (2nd) reading at the September 18, 2012 Village Board meeting. Village Manager Janonis stated based on tonight's discussion staff will have further discussions with ARC Disposal. As this is a voluntary annexation, ARC must be acceptable to any proposed revision. Mr. Janonis stated he would also get clarification on the term combustible. Trustee Zadel stated it was important for people to understand if the Village cannot come to agreement and ARC is not amenable to the recommended revisions, the property could stay under the jurisdiction of Cook County. Owners would not be able to come to the Village for assistance with ARC. B. 1 st reading of An Ordinance Amending Ordinance No. 5642 Granting a Conditional Use Permit and Variations for Property Located at 701 East Prospect Avenue Minutes of the Regular Meeting of the Page 6 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect Mayor Wilks presented for a first 1 St reading an ordinance amending Ordinance No. 5642 Granting a Conditional Use Permit and Variations for Property located at 701 East Prospect Avenue. This ordinance amends Ordinance No. 5642 by extending the Conditional Use Permit (PUD) for an additional thirty (30) months. Community Development Director William Cooney provided background information stating the Petitioner has requested an extension of the zoning approvals granted by the Village in 2007 (Ordinance 5642) to construct a twelve (12) unit rowhome development at 701 East Prospect Avenue. The Petitioner has yet to construct the development as the current real estate market has made completing the project infeasible. In hopes the market improves, the Petitioner is seeking to extend the Conditional Use granted in Ordinance 5642 for another thirty (30) months. Mr. Cooney stated if the Village Board feels the thirty (30) month extension is too long, the AMEND period can be shortened. ORDINANCE NO. 5642, Trustee Korn asked if the Village Board approved the extension this evening would this bind the CONDITIONAL USE elected officials who will be serving on the Village Board following the April 9, 2013 election. PERMIT, 701 EAST PROSPECT Mayor Wilks stated as a Home Rule Municipality, the vote taken this evening will bind the next AVENUE Village Board. Mr. Cooney indicated a future Village Board could vote to rescind the extension Trustee Juracek stated she had recently driven by the property and that while the property remains vacant it is very well maintained. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Korn , seconded by Trustee Juracek, moved for approval of Ordinance No. 6027: ORD 6027 AN ORDINANCE AMENDING ORDINANCE NO. 5642 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 701 EAST PROSPECT AVENUE Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Mayor Wilks stated the last two (2) under New Business were approved under the Consent Agenda. VILLAGE MANAGER'S REPORT MANAGER'S A. Request Village Board approval to accept bid for George Street North Sanitary Relief Station REPORT Project in an amount not to exceed $156,544. GEORGE STREET Public Works Director Sean Dorsey provided background information including the bid NORTH SANITARY process /results and staff recommendations. RELIEF STATION PROJECT The Village owns and maintains eight (8) sanitary relief stations and two (2) sewage lift stations. VBA 35 -12 The pumping stations help prevent the MWRDGC interceptors from backing -up into local sewers. In addition, the stations help reduce basement back -ups by pumping wastewater from our local sewers into the interceptors under pressure. The George Street North Sanitary Relief Station is used to provide relief to the Village owned - sanitary sewer system in the event the Metropolitan Water Reclamation District of Greater Chicago ( MWRDGC) interceptor sewer becomes surcharged. Minutes of the Regular Meeting of the Page 7 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect Built in 1971 the George Street pumping station has been repaired over the years as needed but is in need of additional improvements to include: installation of a complete replacement pump station with new pumps, guide rails and controllers, along with associated wiring and other electrical control equipment. The project is scheduled to be completed and fully operational by late November, 2012. Since these stations are permitted by the MWRDGC, staff worked closely with a consulting engineer to ensure the rehabilitation effort meets all permitting requirements. Martam Construction submitted the low bid of $142,313 for the project. As there is the potential of unforeseen issues during the rehabilitation project, staff recommend the inclusion of a 10% contingency ($14,231). Staff recommends the Village Board accept the lowest qualified bid for the George Street North Sanitary Relief Station Project as submitted by Martam Construction in an amount not to exceed $156,544 ($142,313 base bid plus a 10% contingency of $14,231). Trustee Zadel, seconded by Trustee Hoefert, moved for Village Board approval to accept lowest qualified bid for the George Street North Sanitary Relief Station Project and award contract to Martam Construction in amount not to exceed $156,544. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit. Zadel Nays: None Motion carried. Trustee Juracek stated it was good to see the cost of the project was well under the Engineer's estimate. ELEVATED TANK B. Request Village approval to reject all bids for Elevated Tank Piping Modifications. PIPING MODIFICATIONS Public Works Director Sean Dorsey provided background information and staff recommendation. The elevated tank serves as the principal gauge for the Village's potable water supply system. Hydraulic modeling done a few years ago found the intake and outflow piping of the elevated tank was undersized; the existing pipe forms a restriction that retards the water system's reaction to changes in pressures and flows. The improvement recommended to correct the deficiency included the abandonment of the existing of the smaller piping with a larger diameter inflow /outflow pipe. The only bid received was from Dahme Mechanical Industries in the amount of $358,888. The engineer's estimate for this work was $158,500. Post -bid discussion with planholders indicated the proposed work was viewed as a niche project because it involved an unusual combination of mechanical piping and underground construction work. In addition, staff believe the small overall scope of the work had a limiting affect on bidder interest. Staff believe more competitive pricing can be generated by restructuring the work and incorporating it into the planned 2013 elevated tank rehabilitation or 2014 water main improvements. Mr. Dorsey stated staff recommend the Village Board reject the bid from Dahme Mechanical Industries, Inc. for the Elevated Tank Piping Modifications Projects as the cost substantially exceeds the engineer's estimate of probable cost and it substantially exceeds available funding. Trustee Zadel, seconded by Trustee Polit, moved for Village Board approval to reject all bids for Elevated Tank Piping Modifications. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit. Zadel Nays: None Motion carried. Minutes of the Regular Meeting of the Page 8 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect In reference to the planned 2014 water main replacement project at the site of the elevated tank on Evergreen Street, Trustee Hoefert asked about reconfiguration of the street /parking lot. He indicated the Village at one time discussed reconfiguration of the street /parking lot and wondered if the work would be done in conjunction with the water main replacement project. Although not necessarily advocating for changes, if work is to be done residents who may be impacted should be notified. Mr. Dorsey stated if reconfiguration was to be done that would be the time to do it. Staff will review prior to the 2014 water main replacement project. C. Status Village Manager Janonis announced Coffee with Council would be held Saturday, September 8 from 9 — 11 a.m. in the Village Hall Community Center. OTHER BUSINESS OTHER BUSINESS Mayor Wilks stated the French Market would be held in conjunction with the Lions Club Farmers Market, Sunday, September 9th Trustee Polit stated due to the expanded market for French themed items, there would be no available parking in the commuter lot. As a follow -up to Trustee Juracek's earlier comment about the aesthetically pleasing appearance of the vacant lot at 701 East Prospect Avenue, Trustee Hoefert stated the Village needs to address the unsightly condition of other vacant lots. Owners need to bring properties up to standards similar to 701 East Prospect. ADJOURN ADJOURN There being no further business to discuss Mayor Wilks asked for a motion to adjourn. Trustee Juracek, seconded by Trustee Zadel, moved to adjourn the meeting. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. The September 4, 2012 Village Board meeting adjourned at 9:30 p.m. M. Lisa Angell Village Clerk Minutes of the Regular Meeting of the Page 9 of 9 Mayor and Board of Trustees September 4, 2012 of the Village of Mount Prospect