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04/07/2014April 7, 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 April 7, 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 Girl Scouts from troop 40161 led those in attendance in reciting the Pledge of Allegiance. The scouts, who are in fourth grade, introduced themselves and told the Trustees their favorite things about scouting. Tonight, they earned their government badge. PROCLAMATION Mayor Rosenthal proclaimed April 13 - 19, 2014, as National Telecommunicators Week in Deerfield. She thanked the 911 telecommunicators for the work they do in protecting residents and promoting public safety. Trustee Seiden moved to accept the Proclamation. Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote. PROCLAMATION Mayor Rosenthal proclaimed the month of April, 2014, as Fair Housing Month in Deerfield. She encouraged all citizens to promote fair housing practices through the country. Trustee Benton moved to accept the Proclamation. Trustee Nadler seconded the motion. The motion passed unanimously on a voice vote. Vicki Rivkin, Director of Fair Housing for Open Communities, thanked the Village for their continued work in promoting fair housing throughout the Community. WATER RECLAMATION FACILITY Director of Public Works and Engineering Barbara APWA ENVIRONMENTAL AWARD Little reported the Village was awarded the American Public Works Association's (APWA) project of the year award. The award was established to recognize the alliance between the contractor and municipality that worked well together. The project will now go to the national level. Board of Trustees Meeting April 7, 2014 Page 2 of 8 MOMENT OF SILENCE last month. Those in attendance observed a moment of silence in memory of Officer Tony Parisi, who passed away MINUTES OF PREVIOUS MEETING Trustee Farkas moved approval of the minutes from the March 17, 2014, Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously. TREASURER'S REPORT Village Treasurer Eric Burk presented highlights from the Treasurer's Report for the month of February, 2014, representing two months of the year. Mr. Burk indicated sales tax were down from last month, but consistent with the same period last year. The building permits were up substantially to $217,000, due to apartment construction Fresh Thyme and smaller interior remodels. BILLS AND PAYROLL Trustee Struthers moved approval of the bills and payroll dated April 7, 2014. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT There were no comments from the public on non - agenda items. REPORTS REPORT AND RECOMMENDATION The Plan Commission held a pre -filing conference OF THE PLAN COMMISSION RE: on February 13, 2014, and a Public Hearing on REQUEST FOR AN AMENDMENT TO March 13, 2014, to consider the request of District THE SPECIAL USE FOR DEERFIELD 113 located at 1959 Waukegan Road. The proposed HIGH SCHOOL FOR THE PROPOSED additions and renovations are pursuant to ADDITIONS AND RENOVATIONS referendum approval. The Plan Commission voted 4-0 in favor of the proposal. Trustee Farkas moved to accept the report and recommendation of the Plan Commission. Trustee Jester seconded the motion. Trustee Struthers noted the petitioner indicated the handicapped parking would be placed so pedestrians would not have to cross through a driving lane. In the plans, however, she saw the old portion of the handicapped parking is still located so pedestrians would have to cross the driving lane. Michael Dolter, project architect from Perkins and Will, stated they are proposing handicapped parking in three areas. One area is adjacent to the auditorium, one is near the new Board of Trustees Meeting April 7, 2014 Page 3 of 8 pool, and one is at the west entry loop. Mr. Wilkins reported they are trying to eliminate pedestrian crossing from a daily traffic zone. Mayor Rosenthal clarified the project will not be completed in one year. Mr. Dolter indicated they are proposing an 18 month construction schedule. Mr. Coblentz noted they would need to pull the construction permit within one year, but the longer completion time should be indicated in the ordinance. Steve Isaacson, 1020 Summit Drive, objected to the plan because the school has made promises to him that he says they have not kept. For years, the school has promised to plant trees on the school side of the fence behind his property. He attended the Plan Commission meetings to find out how the situation would be handled, however the school representatives did not know about his issue. He received a call from the superintendent stating they would look into adding trees after construction is completed. Tonight, he heard the construction would not be completed for at least 18 months. He distributed pictures to the Trustees showing the trees just west of his property and requested the additional planting be included in the Ordinance. Mayor Rosenthal indicated the Board would accept the Plan Commission's report and asked that they have a written plan in place if this is a promise that was made. It will not be part of the Ordinance, but the Board will ask District 113 to have a plan in place for the First Reading of the Ordinance. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Following the approval of State legislation in 2013, OF THE PLAN COMMISSION RE: the Plan Commission held a Public Hearing on TEXT AMENDMENTS TO THE November 14, 2013, which was continued to ZONING ORDINANCE REGARDING January 9, 2014, and February 13, 2014, to discuss MEDICAL CANNABIS DISPENSING possible text amendments to the Zoning Ordinance FACILITIES regarding medical cannabis dispensing facilities. The Plan Commission recommended the Zoning Ordinance be amended to allow medical cannabis dispensaries as a Special Use in the C-2 Outlying Commercial and I-2 Limited Industrial zoning districts, in accordance with the locational restrictions set forth in House Bill 1, and with an additional 500 foot radius buffer for medical cannabis dispensaries around public parks located within the Village of Deerfield's corporate limits, and to adopt the medical cannabis dispensary operational standards. Mayor Rosenthal stated the Board would open discussion and put forward questions but would not vote on the recommendation tonight. Trustee Struthers thinks the Plan Commission did a very good job outlining the possible locations. She asked that the Village ensure there is no delivery service. She would also like to Board of Trustees Meeting April 7, 2014 Page 4 of 8 see the sales tax come to Deerfield. Mr. Coblentz stated the Village's home rule sales tax would not be applicable. The State sales tax is applicable and medical cannabis would be treated like any prescription medication, some of which flows back to the Village. Trustee Struthers spoke with Senator Morrison who thought the Village could tax medical cannabis in other ways. She also questioned how prescriptions are checked for authenticity. Mr. Coblentz indicated authenticity is checked at the State level. Trustee Struthers questioned how to ensure someone with a FOID card gives up their firearm before getting a marijuana card. Mr. Coblentz noted the dispensary operators would do everything they could to ensure the program succeeds and they can lawfully grow their business. Mayor Rosenthal expressed concern that the Plan Commission considered putting a buffer zone around houses of worship and then removed it. She noted many houses of worship have day cares and preschools. Mr. Street could contact the Evangelical Church on Lake Cook Road to get a list of their activities. Mary Oppenheim from the Plan Commission explained the Commission felt there are very few places in the Village where dispensaries could be located. They did not want to add additional restrictions. She noted House Bill 1 stated communities are not allowed to make restrictions prohibiting dispensaries from coming into their communities. The Plan Commission felt this bill is to help sick people get relief. They also do not believe the location of the dispensary would have a major effect on houses of worship within the Village. Joseph Friedman, 10 Queens Way, Lincolnshire, attended the Plan Commission's meetings because he wants to open a dispensary in Deerfield. He is a registered pharmacist. Mr. Friedman believes this industry, if taken seriously, could help people. He wants to open a dispensary that is professional and will help people. Trustee Struthers indicated current law prohibits pharmacists from dispensing Schedule 1 drugs. As a pharmacist, Mr. Friedman will need to wait to dispense cannabis. Mr. Friedman noted Connecticut has changed cannabis to a Schedule 2 drug, so it is open to Schedule 2 regulations. Trustee Struthers wants to ensure there is a tracking system in place and there is no fraud. She noted that scheduling of drugs is an FDA function. Mr. Friedman thinks having professionals involved will help make it better. Trustee Struthers indicated this is currently a cash business. She does not want the police to be called several times a day. Mr. Friedman is not looking to have a security guard with a gun at the door, but would put deterrents in place. Trustee Seiden noted Mr. Friedman would like to have three of the 60 State dispensary permits. Mr. Friedman does not know how this will go at the State level and has a team that can support three dispensaries. Trustee Seiden would like a zero tolerance for employees to prevent illegal recreational selling. Mr. Friedman indicated he would have a zero tolerance policy. Trustee Jester noted there are only 3 dispensaries allocated for Lake County. Trustee Farkas noted the State has taken a position on medical marijuana. The State grants the Village limited authority, such as zoning authority. The Village was not asked to weigh in on State or Federal laws. The Plan Commission determined the C-2 and 1-2 areas are the most appropriate for dispensaries within the Village. He noted people are searching to get the medication they need. He questioned whether the Village was looking to make it more expensive for people to get the medication they need. He believes the Village should send a Board of Trustees Meeting April 7, 2014 Page 5 of 8 message that it is compassionate and progressive enough to accept marijuana as a prescription medication. As Trustees, our job is to determine whether we should act and if we need additional restrictions. He asked the Plan Commission where the additional buffer comes from and whether there is any property it is looking to prevent the location of a dispensary. He expressed concern that the Village is sending a message to would-be patients and dispensary owners that we do not want them here. The buffers, beyond what the State has already put in place, do not have any correlation between abuse and proximity to a house of worship or park. Dr. Mark Mandel, owner of Mark Drugs in unincorporated Deerfield, noted the State has specified that aside from a scan card, there will be digital fingerprints. He wants to provide information and education on this topic to those who need it. He does not believe people that need a product should be denied. With their compounding ability, they can do a lot for patients to utilize medical marijuana. Trustee Farkas noted not all of the medical marijuana creates a "high" in the user. Dr. Mandel noted there are different strains of marijuana that do not create a high. Trustee Struthers noted the Trustees are only looking at zoning for a possible dispensary location; the medical part of this is beyond the Village's purview. Stuart Gimball, 45 Berkshire Lane, Lincolnshire, is a licensed attorney. Medical marijuana is coming to Illinois. It should be approved if done properly. Illinois is doing this in a careful manner to ensure it is handled professionally and securely. He believes there has to be an embracing of the dispensary between the local community and dispensary to ensure it is done in a safe and professional manner. He believes they need to find a location that serves the need of Illinois residents. He noted there are only going to be three dispensaries in Lake County. Deerfield would be an excellent location to service south and east Lake County. The Village should want to ensure it works with professionals that ran successful businesses, will handle this in a professional manner, are able to properly dispense and partner with medical professionals on their staff and/or advisory board. His group will bring in medical professionals, including security experts, overdose counselors, etc. He recommended the Trustees not restrict, but embrace this with the right partner. Ann Meyer, 1540 Wincanton Drive, thinks bringing a dispensary to Deerfield would not be good for the community. There are already two drugs that contain marijuana constituents that are available with a prescription from regular pharmacies. The biggest issue she has researched is that crime has increased in communities with dispensaries. She thinks it should be as restricted as possible. She cited a California study showing that 2.5% of those with prescriptions have very serious diseases. Others have received prescriptions for things such as back pain and headaches. Ms. Meyer recommends restricting signs, posters and advertisements of dispensaries. With only three dispensaries in Lake County, this will bring a different element into Deerfield. She believes Deerfield should be as restrictive as possible. Mayor Rosenthal expressed concern because this is a work in progress. Initially, there were a number of maladies on the state list including insomnia, joint pain and headaches. Some have been removed, but it is still a work in progress. This is a four-year pilot. It is difficult because it is rare the Village is working with something that is changing so rapidly. This is a State law, and she is unsure how far ahead the Village should get. She would like answers to the questions Board of Trustees Meeting April 7, 2014 Page 6 of 8 asked tonight. Trustee Struthers noted the State committee writing the application to request dispensaries is not yet done with the application. Mary Oppenheim noted the Plan Commission requested dispensaries be considered for a Special Use so petitioners would need to appear before the Village before the permit is issued. The Village needs to determine possible locations, establish a Special Use process and then work things out with specific Special Use requests. Many of the questions have been addressed by the State law. She wanted to address whether the Village should add additional restrictions over what House Bill 1 requires. The Plan Commission had a difference of opinion. There is only one site that would be permissible within the Village that would be within 1000 feet of a park. She fears the message the Village would send, if they added additional restrictions, is that they want to make it more difficult for people to get their medicine. The Plan Commission agreed they wanted dispensaries where it is safe, convenient and comfortable for ill people to get out of their vehicles and get their medication. Trustee Seiden believes we are all compassionate but feels it is desirable to raise questions. Larry Berg from the Plan Commission, explained the majority of the commissioners wanted to avoid being unduly restrictive. Placing an additional restriction around public parks was consistent with the legislative intent. Trustee Farkas asked if they found any independent rational basis to expand the restrictions. Mr. Berg stated the restrictions were put in place to keep the proximity of the dispensaries away from schools and daycare centers. The Plan Commission thinks the same argument could be made for public parks as well. Mr. Berg noted the Plan Commission tried to be reasonable and prudent in determining restrictions. Trustee Jester believes an additional 500 feet buffer around parks is nominal and was recommended to make a political statement. Further discussion will be brought to a future meeting. CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE 0-14-06 AUTHORIZING An Ordinance authorizing an amendment to an AN AMENDMENT TO AN EXISTING existing sign plan to allow a ground sign for SIGN PLAN TO ALLOW A GROUND Morgan Stanley located at 111 South Pfmgsten SIGN FOR MORGAN STANLEY AT Road office building. Second Reading. 111 S. PFINGSTEN ROAD OFFICE BUILDING — 211 Trustee Seiden moved to adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: Board of Trustees Meeting April 7, 2014 Page 7 of 8 AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) NEW BUSINESS AUTHORIZATION TO PURCHASE Computer Systems Coordinator Matt Weiss NETWORK EQUIPMENT stated the network switch equipment has been in place since 2006. It operates at a speed that causes a bottleneck between the Village Hall and Public Works. The equipment has reached its end of life and the Village's needs exceed the system's capabilities. Staff recommends purchasing the equipment from Meridian rr, Inc. in an amount not to exceed $24,182.82. Mr. Weiss noted this is a budgeted item at $25,000. Trustee Farkas moved to waive the competitive bidding process and authorize the purchase of network equipment from Meridian IT, Inc., in an amount no to exceed $24,182.82. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO RENEW Mr. Weiss reported this is a contract for a 3 -year NETWORK EQUIPMENT maintenance renewal. The first year payment would be MAINTENANCE CONTRACTS $18,267.34. The total cost for the 3 -year renewal would be $54,802.02. Mr. Weiss noted this price is lower than the State contracted price. Trustee Struthers moved to waive the competitive bidding process and renew the network equipment maintenance contract for three years in a total amount not to exceed $54,802.02 in three annual payments of $18,267.34. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD Eric Oscarson, Assistant to the Director of Public Works CONTRACT FOR INFLOW AND and Engineering, reported during the heavy rains, the INFILTRATION (I & I) PROGRAMWater Reclamation Facility experienced significant excess TO RJN GROUP flows through inflow and infiltration (1/I.) The initial three- year plan focused on the northeast, southeast and northwest quadrants in the Village. Moving forward, the Village is looking to have RJN work on re - inspections and removing UI in the private sector. They will also perform smoke testing in a portion of the southwest quadrant. Board of Trustees Meering April 7, 2014 Page 8 of 8 Trustee Farkas moved to award the contract for UI to RJN Group in an amount not to exceed $130,365. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DISCUSSION SPRINGFIELD Mayor Rosenthal and Trustee Jester met with legislators advocating for pension reform in Springfield. They also listened to the Governor's budget address. PUBLIC WORKS AWARD Mayor Rosenthal thanked Trustee Jester and Trustee Benton for attending the luncheon where the Public Works award was presented. ADJOURNMENT There being no further business or discussion, Trustee Struthers moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:15 p.m. APPR VED:,o Mayor ATTEST: Village Clerk