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08/19/2013August 19, 2013 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 August 19, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Tom 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 Deerfield High School graduate Scott Plonsker, led those in attendance in reciting the Pledge of Allegiance. Mr. Plonsker won the gold medal in karate in the recent Maccabiah Games, which were held in Israel. He competed in the adult division, which is for athletes from 18 — 34 years of age. Mayor Rosenthal indicated Marissa Levy, Adam Rabushka and Michael Goldberg, all of Deerfield, also won medals in the Maccabiah Games. DEPARTMENTAL OBJECTIVES — Chief Sliozis presented highlights from the 2013 POLICE DEPARTMENT semi-annual report. Statistically, calls for service are up slightly from 2012 but are consistent with prior years. Index crimes are lower this year. Chief Sliozis believes it is due to the recent closures of a health club and a large retail establishment. He indicated that thefts may increase in the coming year because the new School Resource Officer will now become involved in cases at the high school that previously were handled by school staff and not reported to police. Chief Sliozis reported the number of traffic accidents has increased. He believes it is largely due to the Lake Cook Road construction project. The number of cell phone tickets issued has doubled, which Chief Sliozis noted is in part due to participation in regional enforcement measures. The department completed the replacement of the inkless fingerprinting program that allows fingerprints to be transmitted electronically to the State. The department placed a School Resource Officer at Deerfield High School that started last week. The department is currently in the process of replacing six vehicles. Police Department staff have been utilizing Facebook and Twitter accounts to increase communication with the community. MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the minutes Board of Trustees Meeting August 19, 2013 Page 2 of 14 from the August 5, 2013, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Seiden moved approval of the bills and Payroll dated August 19, 2013. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Mark Brown, 1557 Oakwood Place, noted that starting October 1, 2013, West Deerfield Township will begin a monthly senior event. The October event will focus on helping senior residents stay in their homes. The event will be held in the West Deerfield Township building at 1:30 pm. REPORTS REPORT ON BOIL ORDER Following an introduction from Mayor Rosenthal, Manager Street read a memorandum regarding the boil water order that was issued on Monday August 12, 2013. "introduction The safety of our residents and water customers is our primary responsibility and the security and integrity of the Village's potable water supply is paramount to that. This report outlines a chronology of the events surrounding the August 12, 2013, boil water order, the communication tools utilized by the Village to disseminate information, recommendations for corrective actions, and a list of questions and answers to frequently asked questions. Chronology The following is a factual review of the sequence of events surrounding the boil water order issued on Monday, August 12, 2013, and lifted on Wednesday, August 14, 2013. Tuesday July 30, 2013: Water samples are taken at 5 of 20 registered sampling locations. These 20 locations are registered with the IEPA as our regular sampling locations and 5 are selected each week pursuant to IEPA requirements. The samples are then taken to the IEPA certified testing laboratory operated by the City of Highland Park. Wednesday July 31, 2013: The City of Highland Park certified testing laboratory (CHP) reports that the tests on the samples taken July 30 are clear with no sign of contamination. Thursday August 8, 2013: Board of Trustees Meeting August 19, 2013 Page 3 of 14 Water samples are taken at 5 registered locations, including the Hawthorne Lane site (west of the Tollway) and the Pine Street site. Friday August 9, 2013: The CPH contacted the Deerfield Water Operator reporting that the Thursday, August 8, sample from the Hawthorne Lane site was showing signs of a presumptive positive. The presumptive positive means that there were bacterial colonies present, but the type of contamination could not be determined. The CHP certified testing laboratory also reported that the test on the sample taken August 8, at the Pine Street site was also showing signs of growth, but the growth was atypical and showed no signs for concern. Due to the presumptive positive test at the Hawthorne Lane site, the Deerfield Water Operator was required to take additional samples: one at the Hawthorne Lane site, one "upstream" of the Hawthorne Lane site, and one "downstream" of the Hawthorne Lane site. Saturday August 10, 2013: The CHP certified testing laboratory notified the Deerfield Water Operator of a presumptive positive test for total coliform, not fecal coliform, from the resample taken on Friday, August 9, at the Hawthorne Lane site, and the tests on the samples from sites upstream and downstream of the Hawthorne Lane site. The CHP certified testing laboratory directed the Deerfield Water Operator to take three additional samples: one at the Hawthorne Lane site, one upstream of the Hawthorne Lane site, and one downstream of the Hawthorne Lane site. The CHP certified testing laboratory also reported to the Deerfield Water Operator that the test on the August 8 sample from the Hawthorne Lane site and the Pine Street site were positive but did not identify the contaminate specifically as fecal coliform. However, the fecal coliform test results were available at this time and had the CHP certified laboratory clearly reported these results or the Village Water Operator asked further about the results, the Village of Deerfield would have known to issue a boil order. (The Village would not know definitively until Monday, August 12, that the Hawthorne Lane site sample from August 8 tested positive for fecal coliform and the August 8 sample from Pine Street was also positive for fecal coliform.) Sunday August 11, 2013: The CHP certified testing laboratory reported to the Deerfield Water Operator that the sample taken at the Hawthorne Lane site August 9 was positive as were the samples taken up and down stream, but did not identify the contaminate as total coliform. The CHP certified testing laboratory reported to the Deerfield Water Operator that the tests on all the resamples taken on Saturday, August 10 at the Hawthorne Lane site, and upstream and downstream of the Hawthorne Lane site were clear. However, the total coliform test results of the August 9 samples were available at this time and had the CHP certified laboratory clearly reported these results or the Village Water Operator asked further about the results, the Village of Deerfield would have known to issue a boil order. (The Village would not know definitively until Monday, August 12 that the Hawthorne Lane site sample from August 9 and the up and downstream samples tested positive for total coliform.) Monday August 12, 2013: Board of Trustees Meeting August 19, 2013 Page 4 of 14 The CHP certified testing laboratory reported that the test on the sample taken August 8 from the Hawthorne Lane site and the test on the sample taken August 8 from the Pine Street site were positive for fecal coliform. The CHP certified testing laboratory also reported that the tests on the resample taken August 9 at the Hawthorne Lane site and up and downstream of the Hawthorne Lane site all were positive for total coliform. The CHP certified testing laboratory further reported that the test on the sample taken August 10 at the Hawthorne Lane site and the tests on the samples upstream and downstream of the Hawthorne Lane site were clear. The CHP certified testing laboratory reported these results to the Village of Deerfield Water Operator and the IEPA at 8:15 AM. The CHP certified testing laboratory further directed the Deerfield Water Operator take water samples at the Pine Street site, and upstream and downstream of the Pine Street site. At approximately 10:30AM, the IEPA notified the Village of Deerfield to implement a Tier II notification, which is a report informing water customers of the incident and the corrective actions taken by the Village, but no boil order. At 10:45AM, the IEPA notified the Village of Deerfield to implement a Tier I notification, which is a report informing water customers of fecal coliform bacteria in the water, and a "Boil Water Order" Village -wide in accordance with IEPA requirements. A "Boil Water Order" was then prepared according to IEPA content requirements and implemented. Tuesday August 13, 2013: The CHP certified testing laboratory reported that the tests on the sample taken Monday, August 12, at the Pine Street site was clear and the tests on the samples taken August 12, upstream and downstream of the Pine Street site were clear. Pursuant to IEPA requirements, Deerfield Water Operators took an additional 10 samples throughout the Village to evaluate the conditions in the entire water system. Wednesday August 14, 2013: At 10:45 AM, the CHP certified testing laboratory notifies the Village of Deerfield that the tests on the 10 samples taken on Tuesday, August 13, were clear, with no sign of contamination. At this time the Village received the confirmation from the IEPA office in Elgin that the "Boil Water Order" could be lifted. At 11:20 AM the Village implemented the reversal of the "Boil Water Order." Thursday August 15, 2013: Water samples are taken at 5 registered locations. Friday, August 16, 2013: The CHP certified testing laboratory reports to the Village of Deerfield that the preliminary test results for samples taken on Thursday, August 15, are clear. Communication with Water Customers Beginning with the issuance of the Village's initial press release the afternoon of Monday, August 12, staff received inquiries via telephone and email from residents, businesses and the Board of Trustees Meeting August 19, 2013 Page 5 of 14 press regarding the boil water order. Staff utilized all communication methods available to disseminate information to the public. From Monday through Wednesday staff prepared and utilized the following communication tools: • 3 press releases 0 5 email notifications • 2 reverse dial outs that included text alerts • 2 hand delivered notifications to restaurants, hotels, and businesses • 2 cable channel updates • Message board at the intersection of Waukegan and Deerfield Roads, as well as four signs posted at the main entrances to the Village • 3 recorded messages on the Village's phone system for after -hour phone calls Additionally, staff responded to all press questions and inquires. Some of the media outlets that the Village communicated with included, WBBM News Radio, CBS, NBC, WGN, Univision, Patch.com, Pioneer Press, and Chicago Tribune. From the time of the first notification to the last notification indicating the boil water order had been lifted, 1105 new phones numbers and 1152 new emails were registered in the Village's notification system, many of which were entered directly by Village staff. Several hundred phone calls were responded to by staff. Recommendations Standard Operating Procedures Staff recommends implementing new policies including enhancement of standard operating procedures that will mandate water operators notify two upper management supervisors when the laboratory orders resampling to take place due to a presumptive positive test result. Staff will be required to explicitly ask for results after 48 hours have passed and the samples are mature. Standard operating procedures will also stipulate that weekly water samples be completed and turned into an IEPA certified laboratory by Wednesday of any given week to avoid potential weekend delays. Testing Procedures Staff recommends investigating increasing the frequency of water testing. Staff also recommends exploring the feasibility of adding a second IEPA certified laboratory to review the water samples in order to independently verify laboratory results. Furthermore, staff also intends to require that the certified laboratory operators report all test results to the Deerfield Water Operators at the 24 hour mark and, if a presumptive positive is found, an additional report at the 48 hour mark. Public Notice Staff recommends issuing a public report to all Deerfield water customers within 30 days via direct mail, e-mail and by posting in a conspicuous location, in accordance with IEPA protocol. Board of Trustees Meeting August 19, 2013 Page 6 of 14 This report will include a description of the violation and a description of the Village's corrective actions. Conclusion It is important to note that the samples that tested positive for fecal coliform were localized and only taken from two sites (the Hawthorne Lane and Pine Street sites) on one day. The three tests that were taken on Friday at and near the Hawthorne Lane site tested positive for total coliform, but not fecal coliform. All water samples taken on Saturday, August 10, and thereafter have been clear of any bacteria. These results further indicate that the contamination was isolated and not present in the water system as a whole. Nevertheless, the Village implemented a boil water order in accordance with IEPA protocol and guidelines on Monday, August 12, once clearly notified of the contaminants found in the August 8 and 9 water samples. The Village and surrounding water suppliers have learned much over the last week and will continue to improve. Ways to overcome the challenges presented by the delay in reporting results due to the 48 hour testing period will continue to be actively pursued. Finally, Village employee and certified laboratory performance is being reviewed and investigated, pursuant to collective bargaining protocol and contractual requirements. Staff will be available to answer questions at the August 19, 2013, Board meeting." Mayor Rosenthal commented that the Village takes this issue very seriously. It was very disturbing to her due to the number of problems. It took the Village a long time to get information. Some of the reverse 911 calls did not get to residents. Mayor Rosenthal indicated staff has taken time looking into what they can do better and will continue to investigate the issues. The IEPA has agreed to work with the Village and review the Village's policies and procedures to ensure they are correct. The Village will do everything possible to see that this does not happen again. The Village needs better ways to communicate to residents. She urged all residents to register multiple numbers and emails on the Village's notification system. Mayor Rosenthal noted the safety and welfare of the residents is the Village's primary responsibility. They will continue to investigate where, why and how they failed. They will speak with neighboring communities to see if they have better policies, as well. Trustee Benton commented that he attended a senior men's meeting at the Patty Turner Center, where about half of the residents in attendance did not get the first phone notifications. He urged residents to call the Village with their contact information. He recommended all residents verify the Village has the correct contact information. Chief Sliozis indicated the Village website has a link to Connect CTY where residents can register themselves directly. Multiple phone numbers and email addresses can be registered. Trustee Nadler suggested using this experience as a kickoff to a campaign to encourage residents to register and keep their information current. Mayor Rosenthal indicated the Village will send a separate mailing to residents on this incident. The mailing will include how to register contact information with the Village. Mayor Rosenthal thanked the residents for having reacted the way they did and their patience in this matter. Board of Trustees Meeting August 19, 2013 - Page 7 of 14 Cindy Aronson, 311 Earls Court, Deerfield, did not receive any calls or emails. She indicated there was a restaurant that stayed open while others were closed. She thought that seemed unsavory. Mr. Street indicated it was the restaurant's choice to comply with the Lake County Health Department's requirements. Mayor Rosenthal noted some restaurants closed while some complied with the requirements needed to stay open. Trustee Benton noted that the TEPA supervised one restaurant that stayed open to ensure customer safety. Ms. Aronson questioned how the weekend poses issues. Mr. Street noted the test takes 48 hours to mature. Another challenge is the staffing that takes place at the laboratory on weekends. The Village needs a testing lab that will give the Village results any day of the week. REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission OF THE PLAN COMMISSION RE: considered a request for approval of a final REQUEST FOR APPROVAL OF A development plan for the Woodview Development FINAL DEVELOPMENT PLAN FOR located southwest of Deerfield Road and the Tri - THE WOODVIEW DEVELOPMENT State Tollway at their meeting on July 25, 2013. LOCATED SOUTHWEST OF The changes, which were approved by the Village DEERFIELD ROAD AND THE TRI- Board on July 15, 2013, were considered and the STATE TOLLWAY Plan Commission voted 5-0 in favor of the request. Thomas Pope, Hartshorne Plunkard Architecture, provided a summary of the revisions. He indicated the plan includes 406 parking spaces with a provisional requirement up to 431 if needed. The provisional requirements are based on a future parking analysis which will take place upon 90% tenant occupancy. The number of units has been reduced from 260 to 248. There will be 130 one -bedroom or studio units, 115 two-bedroom units and three three-bedroom units. Mr. Pope indicated they removed one ground sign. The remaining ground sign will be double sided and located south of the main entry driveway. They will also have two building -mounted signs. Andrew Marwick, 442 Kelburn, is not opposed to the apartment dwelling. He thinks there is a need for this type of development. Mr. Marwick thinks the long-term issue is soundproofing. Mr. Marwick believes the Village should ask for more soundproofing for a building with this density and believes the standards should be raised Mr. Marwick does not believe the fitness center will be adequate at 400 square feet. He expressed concern about the concessions made by the Village on the setbacks around the Village. The neighboring properties on the north and east will not have any privacy and will be difficult to sell in the future. Trustee Nadler is excited for this project. He asked if there is a requirement in the development agreement regarding the time frame. Mr. Coblentz indicated construction would begin within one year or else the developer would have to come back to the board for an extension. Board of Trustees Meeting August 19, 2013 Page 8 of 14 Trustee Farkas moved acceptance of the report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission OF THE PLAN COMMISSION RE: considered the request for a finding of substantial REQUEST FOR A FINDING OF conformance to allow the construction of a second SUBSTANTIAL CONFORMANCE TO floor storage area for Tria Boutique in Deerfield ALLOW THE CONSTRUCTION OF A Square at their August 8, 2013, meeting. The Plan SECOND FLOOR STORAGE AREA FOR Commission voted 7-0 in favor of the request. The TRIA BOUTIQUE IN DEERFIELD business will be located at 720 Waukegan Road, SQUARE Unit L. Chris Siavelis from CRM Properties noted the second floor will not have a sales area; rather, it would only be for storage. Trustee Seiden moved acceptance of the report and recommendation. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on July 16, 2013, to consider the request for a 140 - ESTABLISHED FRONT YARD foot front yard setback in lieu of the required 175 - SETBACK — 430 BRIAR HILL foot front yard setback for the property located at 430 Briar Hill, owned by John and Susie Ballis. The Board of Zoning Appeals voted 5-0 in favor of the request. Trustee Jester moved acceptance of the report and recommendation. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on July 16, 2013, to consider a request from Zippy ESTABLISHED FRONT YARD LLC to allow construction of a new home with a SETBACK — 1509 WILMOT front yard setback of 80 feet in lieu of the required 140 -foot setback for the property located at 1509 Wilmot. The Board of Zoning Appeals voted 4-1 in favor of the request. August 19, 2013 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 August 19, 2013 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Alan Farkas Tom 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 Deerfield High School graduate Scott Plonsker, led those in attendance in reciting the Pledge of Allegiance. Mr. Plonsker won the gold medal in karate in the recent Maccabiah Games, which were held in Israel. He competed in the adult division, which is for athletes from 18 — 34 years of age. Mayor Rosenthal indicated Marissa Levy, Adam Rabushka and Michael Goldberg, all of Deerfield, also won medals in the Maccabiah Games. DEPARTMENTAL OBJECTIVES — Chief Sliozis presented highlights from the 2013 POLICE DEPARTMENT semi-annual report. Statistically, calls for service are up slightly from 2012 but are consistent with prior years. Index crimes are lower this year. Chief Sliozis believes it is due to the recent closures of a health club and a large retail establishment. He indicated that thefts may increase in the coming year because the new School Resource Officer will now become involved in cases at the high school that previously were handled by school staff and not reported to police. Chief Sliozis reported the number of traffic accidents has increased. He believes it is largely due to the Lake Cook Road construction project. The number of cell phone tickets issued has doubled, which Chief Sliozis noted is in part due to participation in regional enforcement measures. The department completed the replacement of the inkless fingerprinting program that allows fingerprints to be transmitted electronically to the State. The department placed a School Resource Officer at Deerfield High School that started last week. The department is currently in the process of replacing six vehicles. Police Department staff have been utilizing Facebook and Twitter accounts to increase communication with the community. MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the minutes Board of Trustees Meeting August 19, 2013 Page 2 of 14 from the August 5, 2013, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Seiden moved approval of the bills and Payroll dated August 19, 2013. Trustee Nadler seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Mark Brown, 1557 Oakwood Place, noted that starting October 1, 2013, West Deerfield Township will begin a monthly senior event. The October event will focus on helping senior residents stay in their homes. The event will be held in the West Deerfield Township building at 1:30 pm. REPORTS REPORT ON BOIL ORDER Following an introduction from Mayor Rosenthal, Manager Street read a memorandum regarding the boil water order that was issued on Monday August 12, 2013. "Introduction The safety of our residents and water customers is our primary responsibility and the security and integrity of the Village's potable water supply is paramount to that. This report outlines a chronology of the events surrounding the August 12, 2013, boil water order, the communication tools utilized by the Village to disseminate information, recommendations for corrective actions, and a list of questions and answers to frequently asked questions. Chronology The following is a factual review of the sequence of events surrounding the boil water order issued on Monday, August 12, 2013, and lifted on Wednesday, August 14, 2013. Tuesday July 30, 2013: Water samples are taken at 5 of 20 registered sampling locations. These 20 locations are registered with the IEPA as our regular sampling locations and 5 are selected each week pursuant to IEPA requirements. The samples are then taken to the IEPA certified testing laboratory operated by the City of Highland Park. Wednesday July 31, 2013: The City of Highland Park certified testing laboratory (CHP) reports that the tests on the samples taken July 30 are clear with no sign of contamination. Thursday August 8, 2013: Board of Trustees Meeting August 19, 2013 Page 3 of 14 Water samples are taken at 5 registered locations, including the Hawthorne Lane site (west of the Tollway) and the Pine Street site. Friday August 9, 2013: The CPH contacted the Deerfield Water Operator reporting that the Thursday, August 8, sample from the Hawthorne Lane site was showing signs of a presumptive positive. The presumptive positive means that there were bacterial colonies present, but the type of contamination could not be determined. The CHP certified testing laboratory also reported that the test on the sample taken August 8, at the Pine Street site was also showing signs of growth, but the growth was atypical and showed no signs for concern. Due to the presumptive positive test at the Hawthorne Lane site, the Deerfield Water Operator was required to take additional samples: one at the Hawthorne Lane site, one "upstream" of the Hawthorne Lane site, and one "downstream" of the Hawthorne Lane site. Saturday August 10, 2013: The CHP certified testing laboratory notified the Deerfield Water Operator of a presumptive positive test for total coliform, not fecal coliform, from the resample taken on Friday, August 9, at the Hawthorne Lane site, and the tests on the samples from sites upstream and downstream of the Hawthorne Lane site. The CHP certified testing laboratory directed the Deerfield Water Operator to take three additional samples: one at the Hawthorne Lane site, one upstream of the Hawthorne Lane site, and one downstream of the Hawthorne Lane site. The CHP certified testing laboratory also reported to the Deerfield Water Operator that the test on the August 8 sample from the Hawthorne Lane site and the Pine Street site were positive but did not identify the contaminate specifically as fecal coliform. However, the fecal coliform test results were available at this time and had the CHP certified laboratory clearly reported these results or the Village Water Operator asked further about the results, the Village of Deerfield would have known to issue a boil order. (The Village would not know definitively until Monday, August 12, that the Hawthorne Lane site sample from August 8 tested positive for fecal coliform and the August 8 sample from Pine Street was also positive for fecal coliform.) Sunday August 11, 2013.- The 013:The CHP certified testing laboratory reported to the Deerfield Water Operator that the sample taken at the Hawthorne Lane site August 9 was positive as were the samples taken up and down stream, but did not identify the contaminate as total coliform. The CHP certified testing laboratory reported to the Deerfield Water Operator that the tests on all the resamples taken on Saturday, August 10 at the Hawthorne Lane site, and upstream and downstream of the Hawthorne Lane site were clear. However, the total coliform test results of the August 9 samples were available at this time and had the CHP certified laboratory clearly reported these results or the Village Water Operator asked further about the results, the Village of Deerfield would have known to issue a boil order. (The Village would not know definitively until Monday, August 12 that the Hawthorne Lane site sample from August 9 and the up and downstream samples tested positive for total coliform.) Monday August 12, 2013: Board of Trustees Meeting August 19, 2013 Page 4 of 14 The CHP certified testing laboratory reported that the test on the sample taken August 8 from the Hawthorne Lane site and the test on the sample taken August 8 from the Pine Street site were positive for fecal coliform. The CHP certified testing laboratory also reported that the tests on the resample taken August 9 at the Hawthorne Lane site and up and downstream of the Hawthorne Lane site all were positive for total coliform. The CHP certified testing laboratory further reported that the test on the sample taken August 10 at the Hawthorne Lane site and the tests on the samples upstream and downstream of the Hawthorne Lane site were clear. The CHP certified testing laboratory reported these results to the Village of Deerfield Water Operator and the IEPA at 8:15 AM. The CHP certified testing laboratory further directed the Deerfield Water Operator take water samples at the Pine Street site, and upstream and downstream of the Pine Street site. At approximately 10:30AM, the IEPA notified the Village of Deerfield to implement a Tier 11 notification, which is a report informing water customers of the incident and the corrective actions taken by the Village, but no boil order. At 10:45AM, the IEPA notified the Village of Deerfield to implement a Tier I notification, which is a report informing water customers of fecal coliform bacteria in the water, and a "Boil Water Order" Village -wide in accordance with IEPA requirements. A "Boil Water Order" was then prepared according to IEPA content requirements and implemented. Tuesday August 13, 2013: The CHP certified testing laboratory reported that the tests on the sample taken Monday, August 12, at the Pine Street site was clear and the tests on the samples taken August 12, upstream and downstream of the Pine Street site were clear. Pursuant to IEPA requirements, Deerfield Water Operators took an additional 10 samples throughout the Village to evaluate the conditions in the entire water system. Wednesday August 14, 2013: At 10:45 AM, the CHP certified testing laboratory notifies the Village of Deerfield that the tests on the 10 samples taken on Tuesday, August 13, were clear, with no sign of contamination. At this time the Village received the confirmation from the IEPA office in Elgin that the "Boil Water Order" could be lifted. At 11:20 AM the Village implemented the reversal of the "Boil Water Order." Thursday August 15, 2013: Water samples are taken at 5 registered locations. Friday, August 16, 2013: The CHP certified testing laboratory reports to the Village of Deerfield that the preliminary test results for samples taken on Thursday, August 15, are clear. Communication with Water Customers Beginning with the issuance of the Village's initial press release the afternoon of Monday, August 12, staff received inquiries via telephone and email from residents, businesses and the Board of Trustees Meeting August 19, 2013 Page 5 of 14 press regarding the boil water order. Staff utilized all communication methods available to disseminate information to the public. From Monday through Wednesday staff prepared and utilized the following communication tools: 0 3 press releases • 5 email notifications • 2 reverse dial outs that included text alerts • 2 hand delivered notifications to restaurants, hotels, and businesses • 2 cable channel updates • Message board at the intersection of Waukegan and Deerfield Roads, as well as four signs posted at the main entrances to the Village • 3 recorded messages on the Village's phone system for after -hour phone calls Additionally, staff responded to all press questions and inquires. Some of the media outlets that the Village communicated with included, WBBM News Radio, CBS, NBC, WGN, Univision, Patch.com, Pioneer Press, and Chicago Tribune. From the time of the first notification to the last notification indicating the boil water order had been lifted, 1105 new phones numbers and 1152 new emails were registered in the Village's notification system, many of which were entered directly by Village staff. Several hundred phone calls were responded to by staff. Recommendations Standard Operating Procedures Staff recommends implementing new policies including enhancement of standard operating procedures that will mandate water operators notify two upper management supervisors when the laboratory orders resampling to take place due to a presumptive positive test result. Staff will be required to explicitly ask for results after 48 hours have passed and the samples are mature. Standard operating procedures will also stipulate that weekly water samples be completed and turned into an IEPA certified laboratory by Wednesday of any given week to avoid potential weekend delays. Testing Procedures Staff recommends investigating increasing the frequency of water testing. Staff also recommends exploring the feasibility of adding a second IEPA certified laboratory to review the water samples in order to independently verify laboratory results. Furthermore, staff also intends to require that the certified laboratory operators report all test results to the Deerfield Water Operators at the 24 hour mark and, if a presumptive positive is found, an additional report at the 48 hour mark. Public Notice Staff recommends issuing a public report to all Deerfield water customers within 30 days via direct mail, e-mail and by posting in a conspicuous location, in accordance with IEPA protocol. Board of Trustees Meeting August 19, 2013 Page 6 of 14 This report will include a description of the violation and a description of the Village's corrective actions. Conclusion It is important to note that the samples that tested positive for fecal coliform were localized and only taken from two sites (the Hawthorne Lane and Pine Street sites) on one day. The three tests that were taken on Friday at and near the Hawthorne Lane site tested positive for total coliform, but not fecal coliform. All water samples taken on Saturday, August 10, and thereafter have been clear of any bacteria. These results further indicate that the contamination was isolated and not present in the water system as a whole. Nevertheless, the Village implemented a boil water order in accordance with IEPA protocol and guidelines on Monday, August 12, once clearly notified of the contaminants found in the August 8 and 9 water samples. The Village and surrounding water suppliers have learned much over the last week and will continue to improve. Ways to overcome the challenges presented by the delay in reporting results due to the 48 hour testing period will continue to be actively pursued. Finally, Village employee and certified laboratory performance is being reviewed and investigated, pursuant to collective bargaining protocol and contractual requirements. Staff will be available to answer questions at the August 19, 2013, Board meeting." Mayor Rosenthal commented that the Village takes this issue very seriously. It was very disturbing to her due to the number of problems. It took the Village a long time to get information. Some of the reverse 911 calls did not get to residents. Mayor Rosenthal indicated staff has taken time looking into what they can do better and will continue to investigate the issues. The IEPA has agreed to work with the Village and review the Village's policies and procedures to ensure they are correct. The Village will do everything possible to see that this does not happen again. The Village needs better ways to communicate to residents. She urged all residents to register multiple numbers and emails on the Village's notification system. Mayor Rosenthal noted the safety and welfare of the residents is the Village's primary responsibility. They will continue to investigate where, why and how they failed. They will speak with neighboring communities to see if they have better policies, as well. Trustee Benton commented that he attended a senior men's meeting at the Patty Turner Center, where about half of the residents in attendance did not get the first phone notifications. He urged residents to call the Village with their contact information. He recommended all residents verify the Village has the correct contact information. Chief Sliozis indicated the Village website has a link to Connect CTY where residents can register themselves directly. Multiple phone numbers and email addresses can be registered. Trustee Nadler suggested using this experience as a kickoff to a campaign to encourage residents to register and keep their information current. Mayor Rosenthal indicated the Village will send a separate mailing to residents on this incident. The mailing will include how to register contact information with the Village. Mayor Rosenthal thanked the residents for having reacted the way they did and their patience in this matter. Board of Trustees Meeting August 19, 2013 Page 7of14 Cindy Aronson, 311 Earls Court, Deerfield, did not receive any calls or emails. She indicated there was a restaurant that stayed open while others were closed. She thought that seemed unsavory. Mr. Street indicated it was the restaurant's choice to comply with the Lake County Health Department's requirements. Mayor Rosenthal noted some restaurants closed while some complied with the requirements needed to stay open. Trustee Benton noted that the IEPA supervised one restaurant that stayed open to ensure customer safety. Ms. Aronson questioned how the weekend poses issues. Mr. Street noted the test takes 48 hours to mature. Another challenge is the staffing that takes place at the laboratory on weekends. The Village needs a testing lab that will give the Village results any day of the week. REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission OF THE PLAN COMMISSION RE: considered a request for approval of a final REQUEST FOR APPROVAL OF A development plan for the Woodview Development FINAL DEVELOPMENT PLAN FOR located southwest of Deerfield Road and the Tri - THE WOODVIEW DEVELOPMENT State Tollway at their meeting on July 25, 2013. LOCATED SOUTHWEST OF The changes, which were approved by the Village DEERFIELD ROAD AND THE TRI- Board on July 15, 2013, were considered and the STATE TOLLWAY Plan Commission voted 5-0 in favor of the request. Thomas Pope, Hartshorne Plunkard Architecture, provided a summary of the revisions. He indicated the plan includes 406 parking spaces with a provisional requirement up to 431 if needed. The provisional requirements are based on a future parking analysis which will take place upon 90% tenant occupancy. The number of units has been reduced from 260 to 248. There will be 130 one -bedroom or studio units, 115 two-bedroom units and three three-bedroom units. Mr. Pope indicated they removed one ground sign. The remaining ground sign will be double sided and located south of the main entry driveway. They will also have two building -mounted signs. Andrew Marwick, 442 Kelburn, is not opposed to the apartment dwelling. He thinks there is a need for this type of development. Mr. Marwick thinks the long-term issue is soundproofing. Mr. Marwick believes the Village should ask for more soundproofing for a building with this density and believes the standards should be raised Mr. Marwick does not believe the fitness center will be adequate at 400 square feet. He expressed concern about the concessions made by the Village on the setbacks around the Village. The neighboring properties on the north and east will not have any privacy and will be difficult to sell in the future. Trustee Nadler is excited for this project. He asked if there is a requirement in the development agreement regarding the time frame. Mr. Coblentz indicated construction would begin within one year or else the developer would have to come back to the board for an extension. k__ Board of Trustees Meeting August 19, 2013 Page 8 of 14 Trustee Farkas moved acceptance of the report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR A FINDING OF Mr. Street reported the Plan Commission considered the request for a finding of substantial conformance to allow the construction of a second SUBSTANTIAL CONFORMANCE TO floor storage area for Tria Boutique in Deerfield ALLOW THE CONSTRUCTION OF A Square at their August 8, 2013, meeting. The Plan SECOND FLOOR STORAGE AREA FOR Commission voted 7-0 in favor of the request. The TRIA BOUTIQUE IN DEERFIELD business will be located at 720 Waukegan Road, SQUARE Unit L. Chris Siavelis from CRM Properties noted the second floor will not have a sales area; rather, it would only be for storage. Trustee Seiden moved acceptance of the report and recommendation. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on July 16, 2013, to consider the request for a 140 - ESTABLISHED FRONT YARD foot front yard setback in lieu of the required 175 - SETBACK — 430 BRIAR HILL foot front yard setback for the property located at 430 Briar Hill, owned by John and Susie Ballis. The Board of Zoning Appeals voted 5-0 in favor of the request. Trustee Jester moved acceptance of the report and recommendation. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on July 16, 2013, to consider a request from Zippy ESTABLISHED FRONT YARD LLC to allow construction of a new home with a SETBACK — 1509 WILMOT front yard setback of 80 feet in lieu of the required 140 -foot setback for the property located at 1509 Wilmot. The Board of Zoning Appeals voted 4-1 in favor of the request. Board of Trustees Meeting August 19, 2013 Page 9 of 14 Mayor Rosenthal asked about the hardship. Board of Zoning Appeals Chairman Bob Speckmann noted there was a house on the property that burned about 5 years ago. The owner divided the lot and sold one property. The lot to the north has nice, mature trees that would be in danger. Trustee Struthers ensured the neighbors would not have a blocked view of Wilmot. Trustee Struthers moved approval of the report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BZA RE: REQUEST FOR on July 16, 2013, to consider the request of Larry ESTABLISHED FRONT YARD and Amy Grossman to allow new home SETBACK — 1517 WILMOT construction with an 80 -foot front yard setback in lieu of the required 121 -foot setback for the property located at 1517 Wilmot Road. The Board of Zoning Appeals voted 5-0 in favor of the request. 'Trustee Seiden moved acceptance of the report and recommendation. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0-13-34 ADOPTING BY An Ordinance adopting the Lake County Watershed REFERENCE OF THE LAKE COUNTY Development Ordinance by reference. Second WATERSHED DEVELOPMENT Reading. ORDINANCE - 2R ORDINANCE 0-13-35 AMENDING An Ordinance amending Article 9 (Signs) of the ARTICLE 9 (SIGNS) OF THE ZONING Zoning Ordinance of the Village of Deerfield to ORDINANCE OF THE VILLAGE OF authorize the Appearance Review Commission to DEERFIELD TO AUTHORIZE THE grant certain wall sign variations. Second APPEARANCE REVIEW COMMISSION Reading. TO GRANT CERTAIN WALL SIGN VARIATIONS -2R Trustee Benton moved acceptance of the Consent Agenda and adoption of the Ordinances. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Board of Trustees Meeting August 19, 2013 Page 10 of 14 OLD BUSINESS ORDINANCE 0-13-36 AMENDING Mr. Street stated that, as directed by Mayor CHAPTER 3 (ALCOHOLIC Rosenthal, the Village sent a letter and copy of the BEVERAGES) OF THE MUNICIPAL proposed Ordinance to all of the current restaurant CODE OF THE VILLAGE OF liquor license holders and invited their comments. DEERFIELD TO AUTHORIZE None were received. RESTAURANTS HOLDING A CLASS C OR CLASS E LIQUOR LICENSE TO Trustee Seiden indicated he is in favor of the OFFER BYOB SERVICES — 2R proposed Ordinance but stated that he would also be open to allowing a BYOB license for restaurants that did not require establishments to already possess a liquor license. Bobby Arifi owner of Bobby's Deerfield is in favor of the ordinance. He also noted that during the boil order his restaurant stayed open and he arranged for water and ice to be brought in from Chicago. They only used tap water for washing dishes, as their dish washer sanitizes dishes at 230 degrees. They provided hand sanitizers for all of the staff and in the restrooms. He added that the information provided by the Village and the Lake County Health Department was very timely and helpful. Trustee Struthers moved for adoption of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0-13-37 APPROVING AN Mr. Street indicated the Village did not receive any AMENDMENT TO THE SPECIAL USE comments since the last meeting. FOR DUNKIN DONUTS AT 499 LAKE COOK ROAD AND AN AMENDMENT Trustee Farkas moved for adoption of the TO THE DEERFIELD PARK PLAZA Ordinance. Trustee Struthers seconded the motion. PUD — 2R The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0-13-38 AUTHORIZING An Ordinance authorizing the execution of the THE EXECUTION OF A SIXTH Sixth Amendment of the Annexation Agreement AMENDMENT TO THE ANNEXATION for Parkway North. Second Reading. AGREEMENT FOR PARKWAY NORTH Trustee Seiden moved for adoption of the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Board of Trustees Meeting August 19, 2013 Page 11 of 14 NEW BUSINESS AUTHORIZATION TO WAIVE Assistant to the Director of Public Works COMPETITIVE BIDDING AND AWARD Eric Oscarson stated the Village CONTRACT FOR A WIRELESS ACCESS Hall and Wastewater Reclamation Facility all CONTROL SYSTEM TO KRATOS HBE have the Kratos HBE wireless access control system. Mr. Oscarson indicated the low bidder, Tycos, would be a wired system. Their bid would require an outside contractor to compete the wiring at an additional expense. There would also be a substantial expense associated with maintaining two separate access control systems. The Kratos system would be completely wireless and self-sustaining. It would also have the ability to run during power outages where the Tycos system would not. Trustee Farkas asked about the current security system. Mr. Oscarson indicated they are currently using keys. Trustee Farkas asked about the maintenance charges for the wireless program. Mr. Oscarson stated it would be added to the existing fees. He noted the system is a budgeted expense at $80,000. Mayor Rosenthal noted this would ultimately be the less expensive option. Trustee Farkas would like to consider this along with other capital projects. He is looking at a laundry list of capital projects and would have a hard time approving this right now. Mr. Street noted this was a recommendation from the auditors for security and inventory control. Trustee Nadler concurred with Trustee Farkas. Trustee Seiden moved to waive the competitive bidding process and award the contract for a wireless access control system to Kratos HBE in an amount not to exceed $82,548. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Seiden, Struthers (4) NAYS: Farkas, Nadler (2) AUTHORIZATION TO AMEND Director of Public Works and Engineering Barbara ENGINEERING SERVICES CONTRACT Little stated the Village entered into a contract FOR WASTEWATER RECLAMATION with Strand Associates for modifications to the FACILITY Wastewater Reclamation Facility in October 2010. There have not been any amendments to their contract until now. Strand Associates requested a 2 -month extension so they can reasonably wrap up their responsibilities and close out the contract in an orderly fashion. The contract would be extended through October 31, 2013. Ms. Little noted the Village would not incur any additional charges. Trustee Jester moved to amend the engineering services contract for the Wastewater Reclamation Facility. Trustee Struthers seconded the motion. The motion passed by the following vote: Board of Trustees Meeting August 19, 2013 Page 12 of 14 AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) TRUSTEE IN THE TOWN 24, 2013 from 9 a.m. to noon. RED ZONE ROBOTICS DISCUSSION Trustee Seiden reported that Trustees Benton and Farkas would be at the Farmer's Market on August Trustee Benton had the opportunity to watch a demonstration of Red Zone Robotics. He was amazed with the pace and impressed that the sewers were clean. QUESTION ON BOIL ORDER Ms. Aronson noted that Hawthorn Lane, which is close to the new Woodview development, was one of the sample sites. She questioned whether there could be any correlation between the removal of the synagogue from that site and the water quality issue. Mr. Street indicated there were other water customers between the two locations that were clear of any contamination, so it is unlikely. EXECUTIVE SESSION At 9:02 PM, Trustee Farkas moved to go into Executive Session to discuss personnel: appointment, employment, compensation, discipline, performance or dismissal of specific employees. 5 ILCS 120/2(c)(1). Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) The Board returned from Executive Session. ADJOURNMENT There being no further business or discussion, Trustee Benton made a motion to adjourn the meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The meeting was adjourned at 10:05 p.m. APPROV D: 1 Mayor ATTEST: Village Clerk