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04/21/2008April 21, 2008 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Steve Harris in the Council Chambers of the Village Hall on Monday, April 21, 2008 at 7:36 p.m. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Michelle Feldman Thomas Jester Harriet Rosenthal William Seiden Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Jerry Witkovsky, Chairman of the Community Relations Commission, led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the April 7, 2008 Board of Trustees meeting. Trustee Struthers seconded the motion. Trustee Jester provided a correction to his comments included in the last paragraph on page 3. The motion to approve the minutes as corrected passed unanimously. BILLS AND PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll dated April 21, 2008. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the Treasurer's Report representing 11 months or 92 percent of the fiscal year. Mr. Fialkowski reported that sales tax revenues were down from the same month last year and that expenses were, for the most part, on budget. General Fund revenues are approximately five percent over budget. He explained there was still a deficit, but it was less than expected at the beginning of the year. Trustee Rosenthal noted that the Walgreen's rebate referred to the corporate offices, not to the retail store in Deerfield Square. PUBLIC COMMENT There was no public comment. 1 Board of Trustees Meeting April 21, 2008 Page 2 of 10 REPORTS REPORT FROM MAYOR HARRIS RE Mayor Harris reported that there had been a lot of CLASS ACTION LAWSUIT AGAINST publicity since last week's filing. He reiterated that COMMONWEALTH EDISON the foremost goal is to get the electric distribution system fixed. The Village will continue dialogue with ComEd and hope, with court supervision, that upgrades can be completed in a timely way. He noted that questions should be directed to the Village Manager's office. Mayor Harris read the following for the record: "As the Board is aware, last Thursday, the Village filed a class action lawsuit against Commonwealth Edison seeking reliable electric service, compensation for damages resulting from their poor performance and improved communication with the Village and our residents. This action resulted from careful research of ComEd's performance in Deerfield over the last seven years, as well as input from many residents who shared their outage experiences and frustrations. Without restating all our findings, ComEd has known their Deerfield system was weak for years and unfortunately did little to address the problems. In addition to actively pursuing the case itself, I would like to provide a summary of how we intend to keep the Village up to date on this important matter. Communication with Residents: The Village will continue to have staff facilitate neighborhood meetings with ComEd in pursuit of specific system improvements that began last year; The Village will maintain a link on our website for this matter, that includes copies of the filed lawsuit, last week's press release and future updates; The Village will provide timely reports in the D -Tales newsletter as new information or announcements are available, as we have done since last August; For those residents wishing to convey their outage experience to the Village, they are encouraged to do so by directing their comments to the Village Manager's office. Pursuit of the Litigation: Since the lawsuit was filed last Thursday, April 17th in Lake County Circuit Court, ComEd has 30 days in which to file a response. When a schedule for the case proceedings is developed, it will be added to the Village's website. Copies of substantive filings by the Village and ComEd will be made available and posted on the Village website as well. Village Attorney Peter Coblentz, will continue to work with special counsel Patrick Giordano and Paul Neilan in pursuit of our objectives and provide periodic updates. Board of Trustees Meeting April 21, 2008 Page 3 of 10 Conclusion: The objectives of the Village remain clear: 1) That ComEd repair and maintain its delivery system so that it provides safe and reliable electric service in keeping with its Franchise commitment to the residents and businesses of the Village. 2) That ComEd compensate Village residents and businesses for past damages resulting from their lack of proper maintenance. 3) That ComEd's communication with the Village and its residents and businesses improves to provide meaningful information in a timely manner, particularly during outages and other emergencies. Finally, I would like to restate my appreciation to those residents who attended last Thursday's meeting, as well as those who have submitted their outage experience to us, clearly underscoring the support for and necessity of this action." REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: FINAL LANDSCAPE PLAN FOR THE NORTH AVENUE LIFT STATION AND JOHN BLUMBERG TOT LOT AT 845 NORTH AVENUE Mr. Street reported that, in keeping with the approval condition for the North Avenue Lift Station and John Blumberg Tot Lot, the Plan Commission reviewed the final landscaping plan. The Plan Commission held a meeting on March 13, and voted 6 -0 in favor of recommending approval of the final landscape plan. Phil Rosborough, project landscape architect, provided a summary of the landscaping plan. Mr. Rosborough noted that shade trees have been added to give the tot lot its own area, and plants were chosen for compatibility and heartiness. Trustee Benton indicated that he likes the landscaping plan but expressed concern about possible changes, should the pump station design change. Mr. Street noted that if there were lift station changes that impacted the landscaping plan, it would be brought back for approval. Trustee Rosenthal believes the landscaping plan looks nice, and she appreciates Mr. Rosborough's efforts. Mary Oppenheim, representing the Plan Commission, advised plant choices were limited due to safety and site constraints. She reported that a number of neighbors appeared at the public meeting and expressed their appreciation for the plan, as did the Plan Commission members. She added that the Park District and Village worked well together on this project. Trustee Rosenthal made a motion to accept the report and recommendation of the Plan Commission and approve, as presented, the final Board of Trustees Meeting April 21, 2008 Page 4 of 10 landscape plan for the North Avenue Lift Station and John Blumberg Tot Lot. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Mr. Street explained that, following approval of the OF STAFF TO REJECT BIDS FOR special use modification this January, bid specs NORTH AVENUE LIFT STATION were prepared, including a condensed construction IMPROVEMENT time frame. The engineers estimate was $405,000, and the budget was $420,000. The lowest bid was from Bolder Contractors, in an amount of $632,000, which was over the builder's estimate and budget. Therefore, staff recommends rejecting the bids and changing the proposal specs. Director of Public Works and Engineering, Barbara Little, recommended rejecting the proposal and taking the bid documents to an alternate engineering firm to see if they could make project suggestions to offer savings to the Village. Trustee Rosenthal asked what the cost would be for the third party firm. Ms. Little advised that it would not cost the Village anything to work with the low bidder and Stanley Engineering, and that another firm would be less than $10,000. Trustee Seiden questioned why Stanley Consultants' estimate was so much lower than the bids. Zachary Matea from Stanley Consultants explained that the wide variation was due to the risk involved with the project and different construction methodologies caused by the depth of the wet well. Trustee Seiden asked whether the 36 foot depth specifications changed from the engineer's estimate. Mr. Matea advised that Stanley was aware of the specifications but differed from the bid amount because the value or cost a contractor places on their risk associated with a project can't be known in advance. Trustee Feldman questioned whether the risk was an insurance issue. Robert Lewis from Stanley Consultants responded that the variance can be partially explained by the use of 2007 prices for the estimate. In addition, the depth of the station and the small worksite require hauling that is sensitive to rising fuel costs. The risk was not an insurance matter. Mr. Lewis also expressed concern that the rebid may be even higher than the current bids due to increasing fuel and other costs. Trustee Seiden explained that there could be a number of reasons for the discrepancy, but he was appalled that the estimate that was off by 50 percent. Mr. Lewis explained that the people who bid on the contract know their costs. Stanley based their estimate on historical data. He added that the station's design will give the Village Board of Trustees Meeting April 21, 2008 Page 5of10 many years of service. If it requires additional efforts to find areas where the cost can be reduced, they will do that. Trustee Benton noted that staff recommended rebidding the project to find a better way to complete the project, which would bring costs down. Ms. Little stated that, although Stanley Consultants did a good job with the design, staff could review the bid specs and come back with a negotiated amount or a change order based on further discussions. Trustee Rosenthal asked if the board could.reject the bid after further negotiation. Mr. Coblentz explained that if the board directed staff to negotiate with the lowest bidder, they would still have to come back, and the board could either waive the competitive bidding process or reject the bids. Trustee Rosenthal expressed concern about the limited construction time frame. If the bids were rejected, she questioned whether construction could be completed before the tot lot was needed. She also expressed concern about taking a risk that the lift station could fail. Ms. Little explained that if the bids were rejected, she would recommend pushing the construction back to late summer or early fall and complete the project within six or eight weeks of onsite construction. Trustee Feldman asked about the risk to contractors. She added that the Village was also taking a risk by delayirig the construction. Mr. Matea explained that the risk he spoke about includes OSHA requirements and completing the proposal to Village specifications. Trustee Feldman asked about the risks to the Village. Ms. Little explained that the existing lift station could fail, requiring pumping from the 30 foot depth to the next receiving manhole. She estimates that would cost hundreds of dollars each day, and it would be disruptive to the neighbors and use of the park. Trustee Feldman asked how unique was the depth of the station. Mr. Lewis estimated that less than five percent of lift stations are of that depth. Trustee Jester made a motion to award the contract to Bolder Contractors and have staff negotiate with Stanley Consultants. Trustee Struthers seconded the motion. Trustee Seiden believed that awarding the contract before negotiating would result in the loss of negotiating position. proceed. The Board discussed various options on how to Bob Brias of Bolder Construction explained that the project bidding was based on current prices and labor. Mr. Brias explained that the equipment was very large for the construction. He explained that when digging over 20 feet deep, OSHA dictates that special equipment must be used so the excavation does not cave in, and it is difficult to determine exactly how long it will take. He added that they would give the Village a 2.5 Board of Trustees Meeting April 21, 2008 Page 6 of 10 percent deduction because they are local, and with some value engineering, total savings would be approximately $40,000. Trustee Jester amended the motion to direct staff to negotiate with the contractor to get enhanced value and bring back a revised proposal at the next meeting. Trustee Struthers concurred. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -08 -09 DIRECTING THE An Ordinance directing the disposition of a DISPOSITION OF SURPLUS MOTOR surplus motor vehicle. Second Reading. VEHICLE — 2R ORDINANCE 0 -08 -10 AMENDING An Ordinance amending section 15 -23.2 of the SECTION 15 -23.2 OF THE MUNICIPAL Municipal Code of the Village of Deerfield re: sale CODE RE: SALE OF TOBACCO TO of tobacco to minors. Second Reading. MINORS — 2R AUTHORIZATION TO SUBMIT JOINT PURCHASING REQUISITION TO PURCHASE SALT UNDER STATE OF ILLINOIS JOINT PURCHASE CONTRACT Authorization to submit joint purchasing requisition to purchase salt under the State of Illinois joint purchase contract up to $200,000. RESOLUTION R -08 -06 OF THE A Resolution declaring the Village of Deerfield's VILLAGE OF DEERFIELD DECLARING intent to reimburse certain capital expenditures from ITS OFFICIAL INTENT TO REIMBURSE the proceeds of future debt issues. CERTAIN CAPITAL EXPENDITURES FROM THE PROCEEDS OF FUTURE Trustee Rosenthal asked where the advance funding DEBT ISSUES would come from. Mr. Fialkowski explained that the Village intends to issue $5 million in debt in mid -July, and the General Fund or Internal Revenue Fund would advance the necessary amount. The projects include street replacement. Trustee Rosenthal made a motion to accept the Consent Agenda and adopt the Ordinances and Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) 1 1 1 Board of Trustees Meeting April 21, 2008 Page 7 of 10 ORDINANCE AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE TO ADD THREE Village of Deerfield to add three stop signs at the STOP SIGNS AT PINE AND ANTHONY intersection of Pine and Anthony. Trustee Struthers noted there was some question whether the three -way stop was needed, or if it would cause more problems, including to adjacent residents backing out of driveways. Trustee Jester added that some aspects of the recommendation, including an update of the pedestrian and traffic counts, should be further reviewed. Trustee Rosenthal added that the Safety Council and residents needed to be informed of when the matter will be discussed. Trustee Jester moved to table the matter. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0 -08 -11 ADOPTING THE An Ordinance adopting the budget of the Village BUDGET OF THE VILLAGE OF of Deerfield for the fiscal year beginning May 1, DEERFIELD FOR THE FISCAL YEAR 2008 and ending April 30, 2009. Second Reading. BEGINNING MAY 1, 2008 AND ENDING APRIL 30, 2009 — 2R Jerry Witkovsky, Chairman of the Community Relations Commission, reported that the Commission is asking to roll over the $16,000 that they did not spend in this budget year into the 2008 -09 budget for several Acts of Kindness activities. He reviewed several accomplishments of the current year and requested that the funding be included to support the activities listed in the report forwarded to the Board. This includes a parent education program this October using the book "The Price of Privilege" as a discussion tool. Trustee Struthers commented that the report did not specify how the money would be spent. Mayor Harris explained that last year the $16,000 was included in the budget but was not used. The commission was looking to roll over the amount, not ask for new money. Mr. Witkovsky explained the commission did not use the money because they were unable to find a staff person as good as the prior year. Trustee Rosenthal made a motion to change the annual budget to include the Acts of Kindness program items in the line item for Boards and Commissions and adopt the budget. Trustee Seiden seconded the motion. Mr. Fialkowski confirmed that by approving the motion, the budget total would not change; rather, it would just be listed as a line item under Boards and Commissions. Trustee Feldman noted that she did not support the inclusion of the Acts of Kindness items but did support the budget otherwise. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) Board of Trustees Meeting April 21, 2008 Page 8 of 10 NAYS: Feldman (1) ORDINANCE 0 -08 -12 AMENDING THE An Ordinance amending the Wage and Salary Plan WAGE AND SALARY PLAN — 2R for the Village of Deerfield. Second Reading. Trustee Benton made a motion to adopt the Ordinance amending the wage and salary plan. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0 -08 -13 AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE OF THE VILLAGE Village of Deerfield to provide for certain water OF DEERFIELD TO PROVIDE FOR rate increases. Second Reading. CERTAIN WATER RATE INCREASES Trustee Rosenthal made a motion to adopt the Ordinance amending the Municipal Code to provide for water rate increases. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0 -08 -14 AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE OF THE VILLAGE Village of Deerfield to provide for certain sewer OF DEERFIELD TO PROVIDE FOR rate increases. Second Reading. CERTAIN SEWER RATE INCREASES Trustee Struthers made a motion to adopt the Ordinance amending the Municipal Code to provide for sewer rate increases. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0 -08 -15 AUTHORIZING An Ordinance authorizing a one percent (1 %) Home A ONE PERCENT HOME RULE Rule Municipal Retailers Occupation Tax and MUNICIPAL RETAILERS Home Rule Municipal Service Occupation Tax. OCCUPATION TAX AND HOME RULE Second Reading. MUNICIPAL SERVICE OCCUPATION TAX-2R Trustee Seiden made a motion to adopt the Ordinance authorizing a one percent Home Rule municipal retailers occupation tax and Home Rule municipal service occupation tax. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) 1 1 1 Board of Trustees Meeting April 21, 2008 Page 9 of 10 ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ESTABILSH A NO An Ordinance amending the Municipal Code of the Village of Deerfield to establish a no passenger loading zone on Summit Drive in the North Trails PASSENGER LOADING ZONE ON Subdivision. First Reading. SUMMIT DRIVE IN THE NORTH TRAILS SUBDIVISION — 1R Trustee Feldman asked about the fines. Chief Sliozis explained that the fines were up to $500 based on the local Ordinance, but typically they are put on a parking ticket. He believes the parking ticket fine is $20. He explained that enforcement would be an education process through the end of this school year and the beginning of the next school year. Trustee Feldman asked if there were any other areas in the Village with this restriction. Chief Sliozis explained that there were not and this was a unique situation. Mayor Harris stated this item would stand as a first reading. ORDINANCE APPROVING A FRONT An Ordinance approving a front yard variation for YARD VARIATION FOR 645 the property located at 645 Dimmeydale. First DIMMEYDALE — I R Reading. Mayor Harris reported there was a request to waive the first reading of the Ordinance, but it contained no reason or hardship. The ordinance stood as a first reading. DISCUSSION PLAN COMMISSION MEETING Mr. Street reported that the Plan Commission meeting scheduled for April 24, 2008 has been postponed until May 1, 2008. The petitioner wanted to present to a full Plan Commission. EXECUTIVE SESSION Mayor Harris explained that there would be an Executive Session meeting immediately following the Board of Trustees Meeting to discuss personnel. At 9:10 p.m. Trustee Rosenthal made a motion to go into Executive Session for purposes of Personnel. Trustee Struthers seconded the motion. The motion was approved on the following roll call vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None ADJOURNMENT The Board of Trustees reconvened at 9:45 p.m. There being no further business to discuss, the meeting was adjourned. 1 1 1