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12/01/2008December 1, 2008 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Steven Harris in the Council Chamber of the Village Hall on Monday, December 1, 2008 at 7:38 p.m. The Clerk called the roll and announced that the following were: Present: Steven Harris, Mayor Robert Benton Thomas Jester Harriet Rosenthal William Seiden Barbara Struthers Norton Wasserman and that a quorum was present and in attendance_. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Former Trustee Jerry Kayne led those in attendance in reciting the Pledge of Allegiance. OATH OF OFFICE Norton Wasserman took the oath of office as a Trustee for the Village of Deerfield from Village Clerk Kent Street. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the November 17, 2008 Board of Trustees meeting. Trustee Struthers seconded the motion. Trustee Rosenthal noted that some of her comments concerning financial advisory assistance were not included on page 2. She asked that the minutes more completely reflect her statement, and the Board agreed. The motion to approve the minutes as amended passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) PROCLAMATION —CAROL SPIELMAN Mayor Harris recognized that Carol Spielman has served the residents of Deerfield as a dedicated member of the Lake County Board and Lake County Forest Preserve District for sixteen years. She has further demonstrated her support for Deerfield residents through her service to the Lake County Stormwater Management Commission, the Deerfield chapter of the American Association of University Women, the Deerfield Historical Society and many other worthwhile organizations. Trustee Rosenthal made a motion to accept the proclamation honoring Carol Spielman for her many outstanding contributions and dedicated service for and on behalf of the residents of the Village of Deerfield. Trustee Struthers seconded the motion. The motion passed unanimously. Board of Trustees Meeting December 1, 2008 Page 2 of 9 PROCLAMATION — LEAGUE OF Mayor Harris noted that for 50 years the Deerfield WOMEN VOTERS area League of Women Voters has served as a nonpartisan organization dedicated to the goal of an informed electorate. In recognition of fifty years of service to the Village of Deerfield, Mayor Harris proclaimed the week of November 30 — December 6, 2008 as the League of Women Voters of the Deerfield area week in Deerfield. Trustee Seiden made a motion to accept the proclamation. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) Joan Neil was honored to accept the proclamation on behalf of past and present members of the League of Women Voters. Ms. Neil noted that many of the League's members go on to elected office, including the Village Board. She commented that the League has been active in registering new voters and answers many questions about local issues. Trustee Rosenthal commented that one of the first Deerfield groups she became involved with was the League of Women Voters. She believes the local League does wonderful things for the community it serves. APPOINMENTS TO BOARDS AND Mayor Harris recommended the following residents COMMSSIONS be appointed or reappointed to their respective Board or Commission. Appearance Review Commission — Reappointments: Richard Coen (Ch.), Howard Shachter. New Appointment: Beth Chaitman. Board of Building Appeals — Reappointments: Walter Hallford and Richard Osman. New Appointment: David Feinberg. Board of Police Commissioners — Reappointments: James Marovitz (Chairman), Paul Blakey. Board of Zoning Appeals — Reappointments: Robert Speckmann (Ch.), Theodore Kuczek. New Appointment: Jeff Auerbach. Cable and Telecommunications Commission — Reappointments: Jeff Chaput, Neil Charak, Gregory Lapin, Steven Robinson, John Sanner and Ken Urbaszewski. Community Relations Commission — Reappointments: Gil Antokal, Martin Friedman, Neil Samuels, Lawrence Tracey, Lori Zwart. New Appointment: Eric Hogberg 1 Board of Trustees Meeting December 1, 2008 Page 3 of 9 Family Days Commission — Reappointment: Judy Nelson (Ch.). New Appointments: Dorothy Collins, John Coughenour. Fine Arts Commission — Reappointments: James Golding, Sharon Laney, Ed Seidman, Barbara Weisskoph. New Appointments: Beth Weiss Manpower Commission — Reappointments: Julie Morrison, Jean Reuther, Susie Wexler. Plan Commission - Reappointments: Michael Swartz (Ch.), Gail Gussis, Mary Oppenheim, Stuart Shayman. New Appointment: Larry Berg. Police Pension Board - Reappointments: Mark Anfensen, Kenneth Urbaszewski. Safety Council — Reappointments: Melissa Bigg, Marc Brown, William Keefe, Larry Smith. New Appointment: Phillip York. Village Center Development Commission — Reappointments: Alan Garfield (Ch.), Oscar Adler, Douglas Banzuly, Garo Emerzian, Ernst Kaufmann, Joan Reed. New Appointment: Janice Shaw. Trustee Rosenthal made a motion to accept the reappointments and new appointments to the Boards and Commissions in the Village of Deerfield. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) BILLS AND PAYROLL Trustee Rosenthal made a motion to accept the Bills and Payroll dated December 1, 2008. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) PUBLIC COMMENT Oscar Adler, 59 Eastman Drive, informed residents that the December programming for Adler's Alley is titled Give a Little, Get a Lot. The guest is a resident with eight children whose husband is returning from Beirut. The program will air on channel 19 on Thursday evenings at 6:30 p.m. and Tuesday afternoons at 2:30 p.m. The program will air on channel 10 on Tuesdays. REPORTS WATER RECLAMATION FACILITY Director of Public Works and Engineering Barbara DESIGN REPORT Little introduced the Water Reclamation Facility Design report. She explained that the report was Board of Trustees Meeting December 1, 2008 Page 4 of 9 presented to the public in informational meetings. The project's consultant and staff have discussed the process throughout the year and with the Board via several Committee of the Whole meetings. The extensive report reviews the existing facilities, waste loadings and forecasts, regulatory and permitting issues, screening alternatives, five biological treatment alternatives, three biosolid alternatives and fiscal impact. The schedule, should the report be approved, would be to submit the report to the IEPA and begin detailed design work over the next several months, with bidding next fall and construction starting in 2010. Ms. Little introduced Randy Wertz and Vernon Witthuhn from Strand Associates, Inc. They made a power point presentation reviewing the Water Reclamation Facility Design report and the process to develop it. Mayor Harris questioned the assumed rate of inflation because the project was scheduled to go out to bid in November 2009. Mr. Witthuhn explained they assumed five percent (5 %) inflation. He noted that equipment costs were increasing but construction costs were decreasing, making five percent the best assumption they could make. Mayor Harris asked whether a larger contractor would bid on the project now and start in the first quarter of 2010. Mr. Witthuhn thought that would be a difficult concept to sell because of the amount of detail that still needed to be developed. Trustee Jester believed the contingency amount should be increased. He commented that some engineering services, such as asbestos removal, were not addressed. Mayor Harris questioned whether the budgeted amount needed to be increased for those services. Ms. Little responded that those services would be contracted independently and would be brought before the Board at that time. Trustee Rosenthal noted that a major concern was to not have an interruption of service. She questioned how they would keep the plant functioning while it was being rebuilt. Mr. Witthuhn responded that there would not be an interruption in service and the project would be staged to continue operations with no decrease in capacity. This was a major component of the design project. Trustee Seiden made a motion to accept the Water Reclamation Facility Design Report. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, NAYS: None (0) CONTRACT FOR THE WATER RECLAMATION FACILITY CONSTRUCTION PLANS AND SPECIFICATIONS Seiden, Struthers, Wasserman (6) The Director of Public Works and Engineering recommended that the contract for the Water Reclamation Facility Construction plans and specifications be awarded to Strand Associates, Inc. Trustee Rosenthal made a motion to award the contract for the Water Reclamation Facility Construction Plans and Specification to Strand Associates, Inc. in an amount not to exceed Board of Trustees Meeting December 1, 2008 Page 5 of 9 $1,550,000, subject to approval by the Village attorney. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -08 -39 APPROVING A An Ordinance approving a special use for Starland SPECIAL USE FOR A CHILDREN'S Dance, a children's educational facility in building EDUCATION FACILITY IN BUILDING #9 in Deerfield Square located at 710 Robert York #9 DEERFIELD SQUARE AT 710 Avenue. First Reading. ROBERT YORK AVENUE — 1 R Mayor Harris noted that they received a letter from the petitioner requesting a waiver of the first reading of the ordinance. Trustee Rosenthal commented that the Board generally does not allow a waiver; however, because the Board has only received a positive response to the petition, Trustee Rosenthal suggested allowing them to proceed for building plan approval at their own risk. Chris Siavelis from CRM Properties explained they have proceeded at their own risk by submitting plans for permit review. Without the waiver, however, a building permit cannot be issued. Village Attorney Peter Coblentz concurred that the building permit could not be issued until the ordinance is passed. Trustee Benton commented that the tenant would like to correlate their opening with the school year. After further discussion, Trustee Seiden made a motion to waive the first reading of the ordinance to approve a special use for Starland Dance in building #9 at 710 Robert York Avenue in Deerfield Square. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) Trustee Benton made a motion to approve a special use for Starland Dance in building #9 at 710 Robert York Avenue in Deerfield Square. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) OLD BUSINESS CONSULTING SERVICES FOR Ms. Little introduced the proposal for consulting DEERFIELD ROAD SAFETY services for the Deerfield Road Safety Sidewalk Board of,Trustees Meeting December 1, 2008 Page 6 of 9 SIDEWALK PROJECT Project from Burns and McDonnell Engineering to complete preliminary engineering services in accordance with IDOT requirements. She estimates the time to complete the design, including the time necessary for the state to review the project, to be 180 days. The agreement for the right -of -way acquisition process would be brought to the Board at a future meeting. Ms. Little explained that this project has been programmed for federal funding. Upon approval of the agreement, the State would issue a local agency agreement, which would spell out the division of costs. Mrs. Little explained that maximum federal participation would be 80 %. Trustee Benton asked whether the Board's approval would guarantee federal funding for the project. Ms. Little explained the funds have been earmarked for the project. Trustee Struthers commented that she revisited the area with a real estate professional and believes the sidewalk would likely increase the curb appeal of the homes and improve safety, which may increase the properly values. Trustee Seiden made a motion to award the contract for consulting services for the Deerfield Road Safety Sidewalk project to Burns & McDonnell in an amount not to exceed $43,395 and authorize Mayor Harris to sign the Local Agency Agreement for federal participation on behalf of the Village. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) NEW BUSINESS PUBLIC HEARING ON PROPOSED Trustee Rosenthal made a motion to open the Public TAX LEVY Hearing. Trustee Benton seconded, the motion. The motion passed unanimously. Finance Director Bob Fialkowski explained this is the annual consideration of a property tax levy. He noted that the levy, as proposed, includes three debt service levies. The total levy, as indicated in the Village budget and requested by the library, is $8,620,875. As in the past, Mr. Fialkowski proposes to continue to abate the 1998 and 2003 issues. The net levy increase over 2007 would be $499,860 including a $99,300 increase in the General Fund and a 4% increase to the scavenger fund. Mr. Fialkowski noted that the proposed rate would be the second lowest in the past 28 years, ignoring the anomaly from the TIF 1 expiration. He explained that the increase paid to the Village by a homeowner would be approximately $33. Trustee Seiden noted that during budget development in April, the levy is estimated. In December, when the actual levy is established, the Village has experience from the past six months to consider. Over the past two years, income was higher, expenses were lower and the Village did not require as much money. Consequently, the levy from the previous year was reduced. Last year, when the levy was reduced, the Village was roughly $1 million ahead of the budget. This year, at the end of six months, the Village is approximately $1.46 million ahead of Board of Trustees Meeting December 1, 2008 Page 7 of 9 budget. This amount should be enough so that the levy could be reduced by $499,860 to the same amount as last year. Mr. Fialkowski explained that when the debt was issued earlier this year, there were a number of comments and questions on the levy. Each year, the Board historically has considered'abating all or part of the debt service requirements using alternate revenues. The revenues are ahead of last year; the General Fund revenues are approximately $400,000 over last year. At the same time last year, we were $1,000,000 ahead in the General Fund. The decrease was attributable to last year's winter. Right now, the Village is $1,400,000 ahead in the General Fund. Hopefully, there will not be any unanticipated expenses or steep drops in revenue. Mr. Fialkowski expressed concern on what the State of Illinois may do to reduce the municipal share of revenues or pass along other costs. He affirmed his recommendation that having modest increases to revenues so as to avoid big changes is his policy preference. Trustee Rosenthal questioned what would happen if the levy was not abated. Mr. Fialkowski explained that the Village would have more money in reserves for use for upcoming infrastructure projects. Trustee Struthers commented that this may be the first year that residents would see a lower tax assessment for residential properties. Trustee Rosenthal asked whether Mr. Fialkowski was concerned about a downturn in the economy, with five months left to the fiscal year. Mr. Fialkowski explained that the Village's revenues have not dropped that much. Many sources are subject to swings in one part of the economy. Trustee Jester noted that building permits are still increasing, and are higher than last year already. Trustee Seiden commented that the Village was not only up in revenue, but expenses have decreased. He believes the economy should be taken into consideration. Deerfield has some residents who are struggling financially. By not raising taxes for the Village, it makes a statement to residents. Mr. Fialkowski believes it is prudent to have small, annual tax increases to keep track of expenses that come up every year. Trustee Benton mentioned that during the past few years, there have been transfers made out of the General Fund. At some point, the amount of money needed will not be available. The Scavenger Fund is a break even fund. Trustee Benton expressed concern because he would not want to see the General Fund not break even. Trustee Jester noted that the Village would have a $26,500,000 expense coming with the treatment plant, and revenues would be needed to cover debt service. Trustee Seiden made a motion to reduce the absolute levy by $499,860, of which $368,150 is abatement on the 2008 bonds. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Struthers, Wasserman (5) NAYS: Jester (1) Board of Trustees Meeting December 1, 2008 Page 8 of 9 ORDINANCE LEVYING TAXES FOR An Ordinance levying taxes for corporate purposes CORPORATE PURPOSES FOR THE for the current fiscal year, commencing on the first CURRENT FISCAL YEAR, day of May 2008 and ending on the thirtieth day of COMMENCING ON THE FIRST DAY April 2008 for the Village of Deerfield, Lake and OF MAY, 2008 AND ENDING ON THE Cook Counties, Illinois. First Reading. THIRTIETH DAY OF APRIL, 2009 FOR THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS —1R ORDINANCE ABATING ALL OF THE Ordinance abating the entire 2008 tax levy 2008 TAX LEVY REQUIREMENTS FOR requirements for the series 1998 General Obligation THE SERIES 1998 GENERAL Bonds. First Reading. OBLIGATION BONDS —1R ORDINANCE ABATING ALL OF THE Ordinance abating the entire 2008 tax levy 2008 TAX LEVY REQUIREMENTS FOR requirements for the series 2003 General Obligation THE SERIES 2003 GENERAL Refunding Bonds. First Reading. OBLIGATION REFUNDING BONDS -1R Mayor Harris noted that this would serve as First Reading for all of the Ordinances. Trustee Seiden expressed concern over Trustee Rosenthal's suggestion to form a committee to oversee economic factors. He believes that would be overseeing Bob Fialkowski's role in the Village. Trustee Rosenthal explained she never suggested overseeing Mr. Fialkowski; rather, she suggested forming a committee to work with him and get outside advice. Trustee Rosenthal commented how fortunate the Village is to have such an outstanding Finance Director. Trustee Seiden commented that the Village does not have committees to help or look over other department heads. He believes Mr. Fialkowski is on top of the Village's income and reports to the Board monthly. Trustee Seiden suggested not having a commission but asking staff to look at things. Trustee Seiden suggested having a Finance Committee to work with Mr. Fialkowski and look at the budgets during the year to see if changes need to be made. Trustee Rosenthal made a motion to close the public hearing. Trustee Seiden seconded the motion. The motion passed unanimously. Mayor Harris commented that the suggestion made last week was to have staff develop a group of advisors, if necessary, for the Finance Department. He believes it is appropriate for staff to look into it and make recommendations. Mayor Harris asked for a report in mid - January, and the Board would decide how to proceed. AUTHORIZATION TO RELEASE Authorization to release Executive Session minutes EXECUTIVE SESSION MINUTES pursuant to the Illinois Open Meetings Act. PURSUANT TO THE ILLINOIS OPEN 1 1 U Board of Trustees Meeting December 1, 2008 Page 9 of 9 MEETINGS ACT Mr. Street explained that the Illinois Open Meetings Act requires that elected boards review all minutes from closed sessions and make available for public inspection those which no longer require confidentiality. Trustee Jester made a motion to authorize the release of specified Executive Session minutes as recommended pursuant to the Illinois Open Meetings Act. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers, Wasserman (6) NAYS: None (0) DISCUSSION HOLIDAY ON THE PLAZA Trustee Struthers reminded residents about Holiday On the Plaza, which will take place on Friday from 5:00 — 9:00 p.m. and Saturday from 11:00 a.m. — 3:00 p.m. She noted that funds from the Salvation Army collections would go to West Deerfield Township. ECUMENICAL SERVICE Mr. Street mentioned that over 200 residents attended the Ecumenical Service. It was a very nice event. APPOINTMENTS Mayor Harris noted that Beth Chaitman, who was appointed to t4aATpearance Review Commission, would still need to be reviewed by the Manpower Comm Sion before er appointment becomes final. / ADJOURNMENT ATTEST: Village Cler There "aa her buiness to discuss, the me ng ned a 9:30 p.m.