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03/07/19831 1 183 March. 7, -. 1,983 ; The regular meeting of the Board of Trustees of.the Village of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on. Monday, March 7, 1983, at 8:00 P.M. The Clerk called the roll and announced the following Present:. Bernard Forrest, Mayor Jerold L. Heisler Cynthia J. Marty Edwin B. Seidman Vernon E. Swanson J. Robert York and that a quorum was present and in attendance. Also-present were Village Manager Robert D. Franz and Village Attorney Herbert Linn. Trustee Seidman moved, seconded by Trustee Marty, that the minutes of February 21, 1983, be approved with the following correction: Page 2, Paragraph"5, lines 1 and 2 should read "Mayor Forrest suggested that the matter be referred to the Finance Committee." Motion carried unanimously. REPORT ON Director of Building and Zoning Charles J. Smalley pre - DEPARTMENTAL sented his report on Departmental Objectives, stating OBJECTIVES that he felt it was a:very favorable report. Mayor For- rest, referring to the,sections regarding consideration of .adoption of several BOCA Codes, asked whether Deerfield has had a different building code from most surrounding communities. Mr. Smalley said this had been true for the past twenty years. The Board of Building Appeals and Staff feel that the adoption of the BOCA codes would allow for the use of new types of materials which have been tested and approved, granting greater flexibility to the Building Department. Four major codes have been reviewed and the BOCA codes were found to be most closely aligned to what Deerfield has been working with in the past. He stated that these changes would require additional Staff training and that arrange- ments will be made in that respect. After public hearings, the proposed codes will be brought before the Board some time in early June. The Board thanked Mr. Smalley for a comprehensive report. PROPOSED RULES CHANGE - POLICE COMMISSION Mayor Forrest discussed the Village Attorney's report. regarding the proposed Police Commission's rules change. He stated that State Statutes impose limitations re- garding the employment of Law Enforcement Officers. In view of that, he recommended that the Board take no action on the proposed rules change which would prohibit the hiring of relatives of presently employed officers. It was unanimously agreed to accept the Mayor's recommendation and take- no further action, on motion of !Trustee Marty, seconded by.Trustee York. COMMONWEALTH _ Mayor Forrest explained that the flooding in 1982 and EDISOM MATTERS power outages over the years had brought to the Village's attention a.problem with the Commonwealth Edison trans- formers along the Middle Fork of the North Branch of the Chicago River. These are located along the creek and were under water due to overbank flooding.in July and December of last year. Commonwealth Edison's estimated figure for remedying this situation is approximately $30,000, this to be at the expense of the Village. In reviewing the Franchise Agreement with Commonwealth Edison, Mayor Forrest felt that CE should be urged to reconsider their position regarding the transformers. The Franchise Agreement calls for 2500 feet of wire to be placed underground every five years but because it is CE's position that any restoration required by .such place- ment should be at Village expense, it has not been cost effective to do so. Mr. Franz said.that after meeting -with Mr. Samuel Badger of Commonwealth Edison, they were not specifically.saying the Village should stand the expense of moving the transformers but rather than the homeowners who would benefit from this should bear the cost. Nor was CE willing to discuss a trade off for the underground wiring provision in the Franchise. After discussion, Trustee Swanson suggested that it was possible that the trans- formers were mistakenly placed by Commonwealth Edison and that some research should be done to ascertain if this were so. Specifically, did /Commonwealth Edison estab- lish the criteria for the elevation of the transformers? It was agreed that the Village required the wiring for Colony Point and Kings Cove'subdivisions be placed 184 underground. Commonwealth Edison located the transformers where they chose. Mayor Forrest directed that this item be kept on the agenda. Staff is to research this and also to contact surrounding communities to ascertain whether they have a similar agreement for underground wiring and whether restoration is at the ex- pense of the community in question. MANPOWER Mayor Forrest, with the advice and consent of the RECOMMENDATIONS Board, made the following appointments a� recommended by the Manpower Commission: / Board of Police Commissioners - Arnold D. Silberman, to November of 1985. Cable Advisory Commission - Miss Doris Roethlisberger - to November, 1985 Trustee Heisler moved, seconded by Trustee Swanson, that the appointments be confirmed. Motion carried unanimously. ORDINANCE 0 -83 -04 Trustee Marty moved, seconded by Trustee Seidman, that SEWER RATE INCREASE the ordinance increasing the sewer rate to 76¢ per 100 cubic feet, be adopted. Motion carried by-the following vote: AYES: Heisler, Marty, Seidman, Swanson, York (5) NAYS: None (0) CLA�S BB Trustee Seidman stated that in the past he has supported LIQ OR LICENSE every request for a liquor.license to come before the Board; however, he was opposed to the granting of this special license for beer and wine with wine tasting privileges. He felt this was a gimmick to attract business and, while the Village has a reputation for being very innovative in its Ordinances, there was no need to be this innovative. He suggested instead that it might be worthwhile to modify the present wine tasting provisions to permit twelve tastings per year. Wine tasting seven days per week was offensive, he felt. A lengthy discussion followed, with the consensus being that if the privilege were abused, the license could be revoked, but that the expense alone would preclude the proprietor's abusing the wine tasting privilege. Mr. Manfred Esser was present to discuss his request for the license. He re- quested that the amount of wine designated in the proposed ordinance be raised to 2 ounces per customer since it was sometimes necessary for a prospective customer to sample two or three wines before choosing one. In regard to the stipulation that all wine tasting end at 8:00 P.M., Mr. Esser stated that on occasion special tastings would be held, beginning at 7:00 P.M. and that 8:00 P.M. would be difficult in these special cases. The Board did not agree and the 8:00 P.M. stipulation was not changed. In regard to advertising, it was the consensus that no restriction be placed on newspaper or direct mail advertising but that other provisions of the ordinance be adhered to by the licensee. Trustee Swanson pointed out that this was a new category of liquor license and that the Village would rely on the proprietor to furnish the type of business desired in Deerfield. Mr. Esser replied that he did not intend to put all of his savings into a store and then lose it and that he certainly would conduct a business of which Deerfield could be proud. Trustee Marty then moved, seconded by Trustee York that this stand as first reading of the ordinance, with the change from one ounce to two ounces as discussed. Mr. Esser inquired whether cordials would be included in the definition of "wine" as stated in the Municipal Code. Staff was directed to check this. Trustee Seidman asked that a roll call vote be taken on first reading of the ordinance. AYES: Heisler, Marty, Swanson, York (4) NAYS; Seidman (1) / The ordinance was then tabled,.to be brought back for second reading at the conclusion of the background check by the Police Department. ORDINANCE 0 -83 -05 PROVIDING FOR LAND. SWAP - BRICKYARDS in the berms. Village other organic material Crete, mortar, bricks Trustee Swanson asked for clarification of the portion of the Agreement relating to disposal of debris in the berms. As he read the Agreement, every- thing except "large steel frames" could be disposed of Engineer James Soyka stated that no glass, steel, wood or would be permitted. Debris permitted would be broken con - and similar material. The ordinance was amended on its face to read: "as approved by the Village" and deleting the language regarding large steel frames. Trustee Marty moved that the Ordinance be adopted and the Mayor authorized to sign the Agreement, as amended. Trustee'Seidman seconded the motion. Motion passed by the following vote: AYES: Heisler, Marty, Seidman, Swanson, York (5) NAYS; None (0) RESOLUTION R -83 -02 CONSTRUCTION ON STATE HIGHWAYS Trustee Seidman moved,- seconded by Trustee Swanson, that the annual Resolution relating to construction on . State Highways be adopted.` The motion.carried unan- imously. MANAGER'S REPORTS Village Manager Franz reported that the Deerfield Park District had requested permission to establish a tot lot on Village owned property at Cumnor Court and Carlisle Place (Lot 8). He asked for Board approval, provided all•equipment would be located at the far west end of\ the parcel because of utility mains in that area, that the District fence in the entire parcel,to protect children from the street and adjacent creek and they provide proof of insurance holding the Village harmless from any liability. The Board approved the leasing of the parcel to the Park District for $1.00, per year. The new lease with Western Union was approved for a five year period. Rent is to be $450 per month, with $20 per month added to defray the cost of a $1,200 gas heater.. The Board approved execution of the lease, upon motion of Trustee Marty,.; seconded'by Trustee Swanson,.and approved unanimously:' Discussion of the ordinance regarding'Vending machines was had, with Mr. Franz suggesting that the requirement be waived for machines privately owned and operated solely for the benefit of the.owner and employees. The Board decided to make no change in the requirements. STATUS REPORT Mr. Franz reported that the creek cleaning was progressing ON FLOODING and work had been.-started at Lake -Cook Road, and was now up to Forestway Drive. The acquisition of land for Structure 27 was proceeding and some decision from Bannockburn should be made before April 5th. To date, 1100 replies have been received on the Flood Survey. Information will be extracted and compiled by Staff. Mr. Franz was directed by Mayor Forrest to include an item on the March 21st agenda regarding the Commissioners for the entire Middle Fork in Deerfield. Participants are to be invited to that meeting to discuss reactivating the Union Drainage District. There being no further business to come before the Board, the meeting was adjourned at 9:15 P.M. P OVED:. ATTEST: Mayor ill ge le ..3 . ` r. ' ^arc ^' -� • . . s.