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01/06/2014January 6, 2014 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Rosenthal in the Council Chambers of the Village Hall on January 6, 2014, 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 Robert Nadler 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 Walter Willis, Executive Director of SWALCO, led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from the December 16, 2013, Board of Trustees meeting. Trustee Farkas seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Farkas moved to approve the bills and payroll dated January 6, 2014. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) TREASURER'S REPORT Village Treasurer Eric Burk presented highlights from the Treasurer's Report representing seven months of the fiscal year. He noted there was nothing unexpected in the report. Sales tax is up and consistent with the same period last year. Water and sewer revenues decreased, as expected. Electric, utility and state income taxes were consistent. Building permits exceeded the budget. The Village made the debt service payment on December 1, 2013, made the contribution to the Police Pension Fund and the majority of the leaf collection fund was spent in November. PUBLIC COMMENT At the request of Mayor Rosenthal, Director of Public Works and Engineering Barbara Little indicated the latest winter storm resulted in 21 inches of snow. The department utilized numerous resources and man hours to ensure the roads were properly salted and plowed. She noted all of the available equipment was utilized. The Village will work to better clear the Board of Trustees Meeting January 6, 2014 Page 2 of 5 sidewalks when the weather warms slightly. Mayor Rosenthal thanked the Public Works department for their great work. Trustee Farkas noted a lot of the storm happened on the holiday and the staff went above and beyond in their response. REPORTS REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public OF THE BOARD OF ZONING Hearing on December 3, 2013, to consider the APPEALS RE: REQUEST FOR REAR request of Steve and Gail Lewis for a rear yard YARD SETBACK FOR 170 SEQUOIA setback for the property located at 170 Sequoia LANE Lane. The Board of Zoning Appeals voted 5-0 in favor of sending a favorable recommendation to the Board. Trustee Struthers moved to accept the report and recommendation of Board of Zoning Appeals. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Plan Commission held a Public Hearing on OF THE PLAN COMMISSION RE: December 12, 2013, to consider the request for a REQUEST FOR A TEXT AMENDMENT Text Amendment to article 5.02c2 for a 3,000 AND A SPECIAL USE FOR A DRY square foot green dry clean facility CLEANER TO BE ESTABLISHED AT and a Text Amendment to article 5.02- 190 N. WAUKEGAN ROAD (CD ONE b2, which requires all new dry cleaners in the C2 PRICE CLEANERS District to be green cleaners and Special Use for a dry cleaner to be established at 190 North Waukegan Road. The Plan Commission voted 5-0 in favor of sending a favorable recommendation to the Board. Trustee Struthers noted green solvents have lower flash points than conventional solvents. She did not see an approval from the fire department stating the handling of these solvents is reasonable. Michael Corrao, CEO of CD One Price Cleaners, stated their methods use 1/3 of the conventional solvents. He noted they would have a fire inspector look at the solvents. Trustee Nadler requested the Ordinance require the petitioner to maintain the level of insurance as described. Mr. Corrao indicated he would maintain that level of insurance. Trustee Seiden moved to accept the report and recommendation of the Plan Commission. 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 Meeting January 6, 2014 Page 3 of 5 CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE APPROVING NAME An Ordinance approving the name change of Huehl CHANGE OF HUEHL ROAD TO Road to Embassy Way. First Reading. EMBASSY WAY -1R Mayor Rosenthal indicated this would stand as a First Reading of the Ordinance. NEW BUSINESS PUBLIC HEARING SEEKING COMMENT ON ADVISABILITY OF AWARDING A FRANCHISE TO A PRIVATE ENTITY FOR THE COLLECTION OF WASTE FROM NON- RESIDENTIAL LOCATIONS A Public Hearing seeking comment on advisability of awarding a franchise to a private entity for the collection of waste from non-residential locations. Trustee Benton moved to open the Public Hearing. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Assistant to the Village Manager Andrew Lichterman stated that according to State statute, the Village needs to hold a Public Hearing prior to awarding a contract to a private entity for commercial waste collection. He indicated all notices were issued at least 30 days in advance of tonight's meeting and if a contract is awarded, staff is recommending be Lake Shore Recycling Systems. Mr. Lichterman highlighted key points in the contract. The contract duration would be five years, starting May 1, 2015. There would be no franchise fee and there would be an exemption process allowed. If approved, staff would bring an exemption process to the Board for consideration. Mr. Lichterman indicated the hauler would bill businesses on a monthly basis. The customer service standards and dispute resolutions were covered in the contract. He stated businesses would not pay more than their current rate for the five years of the contract, subject to the CPI increase, which would be capped at 4 percent, and over 90% of the businesses will realize a significant cost savings. The contract stipulates the hauler will meet recycling benchmarks of 50 Board of Trustees Meeting January 6, 2014 Page 4 of 5 percent by 2016 and 70 percent by 2017. Mr. Lichterman indicated service level changes would be at no charge. He thanked SWALCO, Walter Willis, the DBR Chamber of Commerce and Lake Shore CEO Josh Connell for their hard work. Trustee Struthers inquired about how many Deerfield businesses have attended hearings. Mr. Lichterman stated the Village has done everything possible to notify business owners, including working with the DBR Chamber of Commerce, hosting business open houses, working with a business steering committee to help draft the RFP, and other methods of outreach. He noted representatives from Lake Shore would meet with all 350 business accounts during the transition period, as well. Trustee Nadler inquired if the contract could be cancelled before the expiration. Mr. Lichterman stated the contract has dispute reconciliation, but is not cancelable without cause. Trustee Nadler stated he favors negotiating a no -cause cancellation clause in the contract. Mr. Lichterman noted section 9.3 in the contract has customer service standards and 10.1 references a breach by the contractor. Trustee Struthers noted having the CPI built into the contract means they can increase the price every year. Mr. Lichterman noted there is no fuel cost surchage. Mr. Coblentz noted this is how it was proposed to the potential field of bidders on the contract. Someone is making a substantial commitment to service the contract. Maybe the contractor is agreeable to a short term cancellation agreement. Mr. Lichterman noted Lakeshore will be making a large investment in containers/equipment. Mr. Coblentz believes a cancellation clause could possibly be negotiated. Mr. Street questioned if the Village did cancel the contract, would they need to go through the entire process again, with a 15 month lead time for a new franchise. Mr. Willis stated that if the franchise was awarded, the Village would not have to go through the lead time again. He suggested working with Mr. Connell. Mr. Willis noted Highland Park and Highwood have franchise agreements with no service complaints. Trustee Nadler asked about Lake Shore's investment. Mr. Connell noted they would have a minimum investment of $1 million. They will need containers, recycling equipment and new compressed natural gas trucks. He noted they would be willing to negotiate if there was a trigger rather than an arbitrary cancellation. Mr. Lichterman noted that none of the other commercial franchises contain a no -cause cancellation clause. Mayor Rosenthal asked for additional public comments and there were none. Trustee Benton moved to close the Public Hearing. Trustee Struthers seconded the motion. The motion passed unanimously. AUTHORIZATION TO PURCHASE Trustee Jester moved to authorize the purchase of BULK ROCK SALT FROM MORTON bulk rock salt from Morton Salt through the Illinois SALT THROUGH THE ILLINOIS Department of Central Management Services in an F Board of Trustees Meeting January 6, 2014 Page 5 of 5 DEPARTMENT OF CENTRAL amount not to exceed $106,380. Trustee Struthers MANAGEMENT SERVICES seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) DISCUSSION CELL PHONE ORDINANCE Trustee Struthers noted there is now a statewide law prohibiting the use of hand-held devices while driving. Mayor Rosenthal noted the Village will promote the new law as well as some of the other, new laws. She inquired if the Village has stickers if businesses do not want concealed weapons in their establishments. Chief Sliozis reported he will be meeting with Senator Morrison and local businesses in the near future. NEXT MEETING Mr. Street noted the next Board of Trustees meeting would take place Tuesday, January 21, 2014, due to the Martin Luther King holiday. ADJOURNMENT There being no further business or discussion, Trustee Farkas moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:15 p.m. APPR VED: C� Mayor ATTEST: ��s 2 Village CIA