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12/19/1983274 The regular meeting of to order by the Mayor ber 19, 1983 at 8:00 P ing were December 19, 1983 the Board of Trustees of the Village of Deerfield was called n the Council Chamber of the Village Hall on Monday, Decem- M. The Clerk called the roll and reported that the follow- Present: Bernard Forrest, Mayor Stephen 0. Jackson James L. Marovitz j 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 Mana- ger Robert D. Franz and Village Attorney Richard V. Houpt. Trustee Seidman moved, seconded by Trustee Jackson, to approve the minutes of December 5, 1983., Motion carried unanimously. APPROVE WARRANT NO. W -83 -12 the following vote: Trustee Seidman moved, seconded by Trustee Jack- son, to approve the bills and payroll, including transfers and reimbursements. Motion carried on AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6) NAYS: None (0) TREASURER'S Finance Director George Valentine stated that REPORT the latest monthly sales tax receipt showed a twenty -two percent increase over the same month of last year bringing a year -to -date increase of nine percent over 1982/83. The State Income Tax continues to show expansion, due to the change in the State formula ... a month -to -month increase of forty -seven percent and a seven percent year -to -date increase., Mayor Forrest inquired about progress toward solution of. inaccuracies in sales tax reporting by merchants. Mr. Valentine stated that he bad met with the Director of the Department of Revenue along with finance directors of other muni- cipalities and representatives from the Illinois Finance Officers Assn., Illinois Municipal League, Municipal Problems Commission and the Northwest Municipal Con- ference as well as, on the other side, representatives from Chambers,of Commerce and the Illinois Retailers Assn. He explained how sales tax is collected and how it gets back to municipalities. He reported that: 1) virtually all responsibility is on the part of the mer- chant- taxpayers, 2) certitude that a municipality is getting what it deserves depends on the 180,000 merchant taxpayers and on the 8% yearly audits, 3) the taxpayer tells the Department of Revenue how much he owes each municipality, and 4) the Department of Revenue does not necessarily know the specific busi- ness locations of taxpayers and simply accepts their reports on what is owed each municipality. . The Director of the Department of Revenue states that he does not need to know anything more than he presently does and that he has no concern as to how many varying outlets there are. He was advised that municipalities want a report on 1) specific location of businesses, 2) names of businesses rather than owner's names, and 3) the amount of tax dollars paid by each business. However, the Illinois Retailers Assn. and Chambers of Commerce have many concerns about release of information regarding dollar amounts paid by each location. Besides opposing such information which could be available to competitors, they also oppose the cost and increased bookkeeping entailed. Mr. Valentine felt fairly sure that the State would accede to the wishes of municipalities regarding reports on specific locations, and would probably go along with--requiring businesses'.names on reports. However, he expected a long, hard argument on requirements ,`t'o report dollar amounts. He pointed out that as of now, the State Director of the Department of Revenue or his aides would be severely penalized,for divulging such dollar information to anyone other than the Federal Internal Revenue Service. Considerable discussion ensued regarding the fact that 1) the Revenue Department seems concerned only with getting its tax share, 2) there is no penalty for 1 1 rl;14'�., t. i�"••*i r5 �.li *yik t.114.76iti •af }i � P � L7� improperly reporting business locations, and 3) the possible need for legislation to exempt from the freedom of information act reports to municipalities on dollar amounts paid by each business location. Village Attorney Houpt was instructed to research the Village's rights under Home Rule to enact an ordinance to permit the Village's Finance Director;to examine sales.tax returns of_ location merchants. BIRCHWOOD /CENTRAL AVENUES Decision upon a request (made at the last Board STOP SIGN DISCUSSED meeting) for a stop sign at Birchwood and Cen- tral Avenues was deferred to permit a new traf- fic speed survey to be made. Police Chief Richard Brandt reported that the new survey showed that 79% of 339 vehicles clocked with radar between 3:00 and 4:30 P.M. on December 13 and 14 were driving under 30 miles per hour. Twenty percent were travelling 30 to 40 miles per hour. Trustee Seidman stated that he felt the curves on the street.created a special situation as it was impossible to see around them, but there was no other i justification for a stop sign. However, Trustee York was of the opinion that, the curves on Central Avenue were a deterrent to speeding and were no basis for erecting a stop sign. Trustee Seidman moved, seconded by Trustee Marovitz, that a stop sign be erected on Central Avenue wherever the Staff felt appropriate. Mr. Michael Yoellin, 1410 Central, and Mrs. Jan Caron, 1405 Central,,reiterated their former arguments in favor of a sign. They stressed in particular that they felt the advantages of a stop sign, which some motorists would obey there- by reducing speeding, outweighed any disadvantages. Mrs. Jan Caron stated that children would be trained to cross a street only after a car has stopped. Trustee Marty again pointed out that stop signs are misleading and create a false sense of security. Police Chief Brandt stated that motorists tend to speed up after stopping for a sign, thereby hoping to make up for lost time. He reiterated his firm opinion saying, "It's dangerous to put up stop signs to control speed... they weren't meant to do that.." The motion to erect a stop sign failed with all Trustees voting Nay except Trustee Seidman who voted Aye. Following•further discussion of the matter, Chief Brandt. was instructed to in- crease traffic enforcement on Central Avenue, ticketing all motorists driving over thirty miles per hour. Mr. Yoellin and Mrs. Caron were advised to work with Chief Brandt and come back to the Board in six months if they so choose. CAREER DEVELOPMENT PROGRAM Police Chief Brandt discussed a lengthy re- REPORT OF POLICE CHIEF port previously submitted to the Board regard- ing a proposed Career Development Program... a way to provide merit to those police officers not presently eligible for merit. Chief Brandt explained the merit program which is more involved than those for other Village employees in-so far as evaluation, requirements for receiving additional recognition, etc. Its purpose is to broaden the very limited opportun- Itieai for patrolmen, all of whom, over the past five years, are college gradu- ates with higher expectations than those of the average police officer hired a number of years ago. He stated that a promotional exam had not been given in eight years, and lack of opportunity for promo,tion'pointed up the need to look for some other way for the officers to identify 'a goal achievable if their per- formance was high. He added that Career Development was a type of program which has been used at a number of other places, but the particular program developed within the Deerfield police department is rather unique. Discussion ensued regarding: 1) the evaluation process, 2) specialized train- ing, and 3) individual work toward broad career growth and a well- rounded officer, etc. Trustee Jackson complimented Chief .Brandt on the proposal, stating that development of personnel would benefit the whole organization and the Village as well. Mgr. Franz stated, "The proposal is based on the premise that we have good, qualified employees in the police department now, and the goal is to increase their productivity and hopefully retain the same number of sworn personnel. This is the type of program that can do it. That doesn't mean we're frozen at the number of patrol officers, but this type of program will prove beneficial from an efficiency standpoint." Trustee Seidman moved, seconded by Trustee Marty, to instruct the attorney to prepare an ordinance amending,the Wage and Salary plan to reflect pro - .visions of the Career Development Program. Motion carried unanimously. ?76 COMMAND STRUCTURE Police Chief Brandt explained a proposed change POLICE DEPARTMENT in the police department's command,structure. CHANGE DISCUSSED He stated that the purpose of the change was to create some positions outside the pervue of the Police Commission to permit the Chief of Police to make command changes, reduction of grade or promotions, within the department. Under the present 'system of pro- motions there is very little flexibility in the command structure, sitnce promotions through the Police Commission are permanent as long as the employee remains with the Village even though he might fail to perform or the need for the position was eliminated. Mr. Daniel Stiehr, Chairman of the Police Commission, stated that Chief Brandt had discussed his proposal with the Commission which was in favor of thq change. Trustee Marty moved, seconded by Trustee Marovitz, that the report of the Police Chief be accepted, and that the attorney be instructed to prepare an ordinance amending the pay plan and'also amending the Municipal Code to provide for changes in the police department's command structure, with the Police-Chief prepared to show the differences between the original ordinance and the amended ordinance. Motion carried unanimously. . DANGEROUS INTERSECTIONS: Trustee Seidman moved, seconded by Trustee DARTMOUTH & BIRCHWOOD Marty, to pass the ordinance designating WILLOW & DARTMOUTH Dartmouth and Birchwood, Willow and Dart - INDIAN HILL & CENTRAL mouth, and Indian Hill and Central Avenues ORDINANCE NO. 0 -83 =50 as dangerous intersections. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty, Seidman, Swanson, York (6) NAYS: None (0) 1102 COUNTRY LN. (PAUL DAUBE) Mayor Forrest stated that in September when DISCUSSION OF FENCE the question of the illegaly erected fence at 1102 Country Lane was discussed, the Board did not elect to change the ordinance prohibiting structures in the public right -of- ways. However, decision was made to allow Mr.Daube to gather information for further presentation to the Board. Also, a letter had been received from Mr. Richard Sullivan, 848 Appletree Lane, who had a similar fence problem'. Mr. Daube submitted that decorative fences enhanced the Village and that varia- tions should be permitted under certain conditions: 1) a Village authority must approve fence plans for both appearance and safety, 2) applicant must indemnify the Village against potential law suits, 3) the Village be autho rLzed to request. or demand removal of structure for any valid reason. and 4) the applicant must forego right to pass the variation to any future owner. Considerable discussion ensued with Board members expressing mixed feelings about structures or plantings in Village right -of -ways. Trustee Seidman felt that rather than grant variations,a special ordinance,defining decorative structures and holding home owners fully responsible to indemnify the Village,should be considered. Trustee-Marty felt existing fences, etc. should be allowed if Village could not be held liable i't they. are hit' by a snow, plow or other Vil- lage equipment. However, Trustee Swanson pointed out that to allow existing non - conforming fences is to sanction non - conformity. Mgr. Franz pointed out the difficulty of defining aesthetics and that fences could sprout up all over the Village. Trustee*Marovitz stated that any structure on public property could present a safety problem ... any living thing such as a tree, shrub, hedge can be as dangerous as a fence. He noted that plantings in the right -of -ways abound throughout the Village. He felt the Board's concern was how to protect itself against liability. Trustee Jackson noted that mailboxes, some gas lights, posts bearing addresses, etc. are often in the right -of -ways. Mayor Forrest asked Attorney Houpt what kind of change in the present ordinance could be made if the Board chooses to permit right -of -way structures. Attorney Houpt replied that he felt the Village could impose by ordinance an indemnity provision that would require any property :owner who erects or maintains .struc- tures,'shrubs, etc. to be responsible. Trustee Marty,moved, seconded by Trustee Seidman,to ask for a report from the Attorney and Staff as to what kind of ordinance,including indemnity for the Village,could be prepared'if the Board decides to permit right -of -way structures. Motion carried unanimously. Mr. Daube was advised that the item would be on.the agenda January 16, 1984., 1 1 [1 277 CLAVINIA UNIT V. Trustee Swanson moved, seconded by Trustee York, EXTEND LETTER OF CREDIT to approve request of the Valenti. Development Corp..for a one -year extension of the - present Letter of Credit for Valentins Clavinia Unit V.. Motion carried unanimously. RELEASE $500,000 TIF FUNDS,' 4 Trustee York moved, seconded by Trustee Seid- FLODSTROM - TIF DEVELOPMENT man, to authorize release of $500,000 to i Sven Flodstrom in connection with the TIF Re- development in the Brickyards area. Motion carried on the following vote: AYES: Jackson, Marovitz, Marty,,Seidman, Swanson, York (6) NAYS: None (0) BANNERS AT VIADUCT Trustee Marovitz moved, seconded by Trustee DEERFIELD YOUTH BASEBALL Marty, to approve the request of the Deerfield Youth Baseball Assn. for permission to erect banners on the east and west sides of the.viaduct at Deerfield Road. Trustee Marty stated she much preferred banners on the viaduct to those stretched across the Deerfield /Waukegan-Road intersection where there have been problems. -Other Board members concurred. Motion to approve the request carried unanimously. 1983 PROPERTY TAX LEVIES Trustee Swanson moved, seconded by Trustee Seid- ABATEMENT OF PORTION man, to waive the rules to permit passage of the ORDINANCE NO. 0 -83 =51 ordinance on first reading. Motion carried unani- mously. Trustee Seidman moved,.seconded by Trustee Marovitz, to pass the ordinance abating a. portion of the 1983 Property Tax Levies. Finance Director George Valentine explained,.in some detail, that this year two distinct types of abatements (reducing taxes) are being filed. The first is a reduction of the levy established by ordinance for the 1982 and 1983 Corporate Purpose Bond Issues. These ordinances established a levy for the life of the bond issues. The ordinances were passed prior.to the actual sale of the bonds which resulted in a lesser levy. The second is a reduction of the Property'Tax Levy. (A detailed report on the Abatement is on file in the office of the Finance Director). Motion to pass the ordinance abating a portion of the 1983 Property Tax Levies passed on the following vote: AYES:. Jackson, Marovitz, Marty, Swanson, Seidman, York (6) NAYS: None (0)' SURPLUS VILLAGE PROPERTY Mayor Forrest requested the Board to stay (710 -714 OSTERMAN AVE.) after the meeting to discuss the 'sale of SALE:.DISCUSSED surplus Village property at 710 -14 Osterman with one of the principals who was present. ISPERN MOBILE RADIOS Chief Brandt reported that a point had been DISCUSS REPLACEMENT reached where the issue of replacement of radios needed to be addressed. The.portable- only system of radio network installed last year (radios worn by officers) utilizes a repeater system in various parts of the network. Whenever the repeater system is not working properly it is necessary to revert to the use of the ISPERN mobile car radios which are about 12 years old with severly diminished -power output. He stated that malfunctioning Illinois Bell Telephone leased lines had been causing problems. He added that is was difficult to determine who to call at the Tele phone company and to. find out who was capable of making the repairs. He feared even greater difficulties after theiridivestiture on January 1. Without ISPERN car radio backup there could be serious consequences. He went on to say that though the department.was.beyon•d•its budgetary process, he was asking the Board to consider the purchase of seven replacement ISPERN. radios from Motorola at a total cost of $10,088.b5. He pointed out that delivery of the radios would coincide with delivery of vehicles budgeted for 1983 and anticipated for mid March. Thus, double installation charges would be avoided. Trustee Seidman moved, seconded by Trustee Jackson, to approve the purchase of seven replacement ISPERN radios from Motorola at a cost of $10,088.05. Motion carried on the following vote: AYES: Jackson. Marovitz, Marty, Seidman, Swanson, York(6) NAYS: None (0) There being no further business to consider, the meeting was adjourned at 9:45 P.M. ATTEST 1 APPROVED: / Cl k Mayor