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10/19/20091 1 1 October 19, 2009 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on Monday, October 19, 2009 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Thomas Jester Mary Oppenheim 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 Larry Aaronson and Scott Schwartz from the Deerfield Family Theater led those in attendance in reciting the Pledge of Allegiance. Mr. Aaronson spoke about their upcoming production of Willy Wonka, which will take place the weekends of November 13 and 20 at Caruso Middle School. DEERFIELD CITGO PRESENTATION Dave Welch, owner of the Deerfield Citgo was presented with a Certified Green Business award. Izzy Karish.with the Green Business League, noted that the Deerfield Citgo was the first gas station in the United States to receive the award. He noted the business had reduced its energy use by one third. Mr. Karish explained the store is chemical -free and collects with rain barrels all of the water used to clean the facility. Mr. Welch only sells green products in his store. Village resident Jack Frigo asked about the length of the certification process. Mr. Karish responded that the process took approximately five months to complete. Mayor Rosenthal and the Board of Trustees, joined by the audience, conveyed appreciation and congratulations to Mr. Welch and the Deerfield Citgo for demonstrating green practices and earning the certification. DOCUMENT APPROVAL Trustee Oppenheim made a motion to approve the minutes from the October 5, 2009 Board of Trustees meeting, with minor corrections. Trustee Benton seconded the motion. The motion passed unanimously with Trustees Benton, Farkas and Struthers abstaining. BILLS AND PAYROLL Trustee Farkas made a motion to approve the Bills and Payroll dated October 19, 2009. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Board of Trustees October 19, 2009 Page 2 of 5 TREASURER'S REPORT Bob Fialkowski presented highlights from the Treasurer's Report thru the end of September, representing five months of the fiscal year. He reported that revenues are coming along, and sales tax was not down as much on a percentage basis. Mr. Fialkowski explained that hotel tax is struggling somewhat, so he is lowering the estimate for the year. He noted the water and sewer revenues are up for the summer months, and expenditures overall are under budget. Mayor Rosenthal confirmed the need to monitor financial developments on a regular basis. PUBLIC COMMENT There was no Public Comment. REPORTS REPORT AND RECOMMENDATION Village Manager Kent Street presented a report OF STAFF RE: 1010 WARRINGTON concerning the Village sanitary sewer that bisects SEWER EASEMENT the property at 1010 Warrington Road. Pursuant to Board direction, staff and the Village Attorney have worked on two options for resolution of the issue. Under Option A, the sewer -is kept in its present location, relined and tested by the Village to verify its integrity, and the owners will proceed to have the new home constructed using construction techniques approved by the Village that will protect the sewer. An easement formalizing the Village's authority to clean and maintain the sewer, as well as a new easement to relocate the sewer, if necessary, in the future would be granted to the Village. The cost to reline and test the sewer is estimated to be $10,000, and time to implement the sewer work is approximately four weeks. Under Option B, a new line would be constructed along the edge of the property according to a 50/50 cost sharing arrangement with the owner, and the existing line would be abandoned. An easement formalizing the Village's authority for the sanitary sewer would be granted. The total cost to construct the new sewer and abandon the existing one is estimated to be $50,000, and the time to implement it is approximately six weeks. In view of the impacts, costs and trade -offs of each option, staff recommended that Option A be approved and the Mayor and Village Attorney be authorized to execute the necessary easement documents consistent with the provisions of Option A. Trustee Seiden questioned whether the Eisenbergs are happy with Option A. Mr. Street said they are in support of Option A. Trustee Farkas commended the Eisenbergs for their research on this situation. He believes this is an excellent example of the Village working to come up with a solution and hopes the Eisenbergs realize the Village is making a commitment to support its residents. Aside from Village's commitment, there has been a significant expense by the Eisenbergs as well. Trustee Struthers questioned how long relined sewers typically last. Mr. Street responded they come with a 100 year warranty. Trustee Jester noted he is pleased with the outcome. Mayor Rosenthal believes option "A" is the best solution to get the issues resolved. Board of Trustees October 19, 2009 Page 3 of 5 Trustee Jester made a motion to accept the staff report regarding the sewer easement for 1010 Warrington. Trustee Oppenheim seconded the motion. The motion passed unanimously. Mr. Eisenberg thanked the Village Board and staff for its efforts to resolve the matter. CONSENT AGENDA ORDINANCE 0 -09 -21 PROHIBITING An Ordinance prohibiting video gaming within the VIDEO GAMING WITHIN THE Village of Deerfield. Mr. Street noted that VILLAGE OF DEERFIELD trustees received information from the Illinois Coin Operators Association on the matter. Trustee Farkas made a motion to adopt the Ordinance prohibiting video gaming within the Village of Deerfield. Trustee Benton seconded the motion. Trustee Benton noted he received an email stating that gaming supporters were recommending 150 clarifications and additions to make it worthwhile to have video gaming in municipalities and asking the Board to postpone its vote. Trustee Benton does not believe Deerfield will benefit from allowing video gaming now or in the future. Trustee Struthers agreed. Trustee Seiden added he does not believe Deerfield would make enough money if gaming was allowed. The motion passed by the following vote: AYES: Benton, Farkas, Jester; Oppenheim, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0- 09-22 GRANTING A An Ordinance granting a side yard variation for the SIDE YARD VARIATION FOR property located at 654 Caroline Court.. First 654 CAROLINE COURT — 1R Reading. Trustee Benton made a motion to waive the first reading of the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Trustee Struthers made a motion to adopt the Ordinance granting a side yard variation for the property located at 654 Caroline Court. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) OLD BUSINESS There was no Old Business. NEW BUSINESS RESOLUTION R -09 -07 APPROVING Mr. Fialkowski recommended the Village authorize AND AUTHORIZING EXECUTION OF participation in the IMET investment pool. IMET Board of Trustees October 19, 2009 Page 4 of 5 A FIRST AMENDED AND RESTATED is a non - profit local government pool created and DECLARATION OF TRUST sponsored by five Chicago metropolitan councils of government. It is a treasurer's pool for municipalities, school districts and parks. The Village considered participation in IMET several years ago but declined because they only offered the 1 to 3 year investment fund, and the Village was doing the same type of investments in- house. The Village would use IMET as an alternative to holding cash in the Illinois funds administered by the State Treasurer. The Village's intent would be to use this to allow for an enhanced return over the cash kept in the Illinois Funds for use in Village operations. Mr. Fialkowski noted there is no minimum required for participation, but authorization would allow the Village to participate in the convenience fund and/or the 1 to 3 year investment fund. Mayor Rosenthal asked how the fees compared. Mr. Fialkowski explained the fees are a little higher with IMET, but the return is still higher. Trustee Farkas made motion to adopt the Resolution authorizing execution of a first amended and restarted declaration of trust. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ORDINANCE AUTHORIZING THE 'An Ordinance authorizing the sale of surplus real SALE OF SURPLUS REAL ESTATE estate located at 646 — 660 Deerfield Road. First LOCATED AT 646 -660 DEERFIELD Reading. Mr. Street reported the Village received ROAD — 1R an offer from the owners of Shopper's Court to purchase 4,073 square feet of Village property. The independent appraisal for the property was $61,000. Shopper's Court made an offer that includes the recently installed improvements on the parcel, which have a value of just more than $16,000. Mr. Street explained that the property, which was a Village recycling center in the 1970s, is no longer needed for Village operations. Jack Frigo, representing the ownership of Shopper's Court, explained that the value of the property was based on the property at the current conditions, including recent improvements valued at $16,000. Mayor Rosenthal noted the Ordinance would stand as a First Reading. DISCUSSION UNDERPASS CLEARING Trustee Farkas noted that traffic was backed up Sunday morning because a truck could not clear the underpass on Deerfield Road. He would like to see what can be done to alert trucks about the height limitations and reduce the frequency of the disruption. Board of Trustees October 19, 2009 Page 5 of 5 Mayor Rosenthal responded there were several previous discussions about the issue, and several suggestions were made. The costs are substantial, and the Village needs new ideas that are effective but reasonably priced. Trustee Struthers noted the size of the signs increase as trucks get closer to the underpass. Mayor Rosenthal noted the matter will receive attention from the Board and staff. CDC TEEN SAFE DRIVING WEEK Trustee Struthers reported this is Teen Safe Driving Week, which stresses parent involvement in teen driving. INTERFAITH HOUSING CENTER Trustee Oppenheim attended the annual meeting of the Interfaith Housing Center of the Northern Suburbs. She noted staff has used the IFHC as a resource for affordable housing and that she brought back information to share. HOMECOMING Mayor Rosenthal reported that Homecoming weekend was very nice. Deerfield High School won their game, and students had fun and were safe. She thanked all the students and parents that participated in the Homecoming festivities. HALLOWEEN HOOPLA Mr. Street reported that Halloween Hoopla will take place this weekend on Friday night and Saturday, and that the pumpkin contest has been cancelled. Trick or treating will take place village wide on October 31 st from 3:30 to 7:00. PARKWAY LEAF PICK UP Mr. Street reported that parkway leaf pick up starts onThursday. ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 8:15 PM. APPROVED: �/<<< tj Mayor ATTEST: Vi lage Clerk