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09/03/2013September 3, 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 September 3, 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 Cub Scout Pack 450 and its leader, Lydia St. John, led those in attendance in reciting the Pledge of Allegiance. The scouts are 1St — 5th grade students from Walden School. Ms. St. John noted the scouts will have an open house next Tuesday at 7:00 a.m. at Walden School. She indicated they will also have their rocket launch event. MINUTES OF PREVIOUS MEETING Trustee Benton moved approval of the minutes from the August 19, 2013, Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a voice vote. TREASURER'S REPORT Village Treasurer Eric Burk presented highlights from the Treasurer's Report representing 3 months of the 8 month fiscal year, or 37%. Sales tax revenue is good this month. Water and sewer usage was slightly down. State income tax is up this month due to tax payments made in April. Mr. Burk indicated building permits are up for the month as well as the same time last year. There are no unusual expenditures this month, but Mr. Burk indicated there are some large expenditures coming. BILLS AND PAYROLL Trustee Farkas moved approval of the Bills and Payroll. Trustee Nadler seconded the motion. Trustee Struthers questioned the taxi program expenditure. Mr. Street noted the taxi companies do not always turn in their reimbursement requests in a timely manner. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT There was no Public Comment on non -agenda Board of Trustees meeting September 3, 2013 Page 2 of 10 items. REPORTS REPORT ON BOIL ORDER UPDATE Mr. Street read a report on the boil order update: On August 22, 2013, Village Labor Counsel and staff held internal employee interviews, accompanied by Local #150 Counsel and its Business Manager, pursuant to collective bargaining agreements in order to investigate employee conduct and performance related to the August 12, 2013, boil water order. On August 23, 2013, Village of Deerfield staff met with City of Highland Park (CHP) staff to discuss the activities surrounding the boil water order issued August 12, 2013. A summary of findings from those interviews is as follows: Thursday 8/8/13 — Deerfield Water Operator took the five August 8 samples per normal routine, fully complying with IEPA sample -gathering requirements, delivering them to the CHP lab. Friday 8/9/13 — Based on the preliminary (24 hr.) test results of the August 8 samples, the Deerfield Water Operator conducted retests of the Hawthorne Lane site and up and downstream of the Hawthorne Lane Site, as directed by CHP laboratory personnel and delivered them to the CHP lab. The Deerfield Water Operator was not directed to conduct any resampling of the Pine Street location because CHP laboratory personnel believed these test results to show signs of growth, but not be of concern. Saturday 8/10/13 — CHP laboratory personnel had internal discussions to review and evaluate results from August 8 and August 9. CHP laboratory personnel called the Deerfield Water Operator and advised the August 9 test results from the Hawthorne Lane site and up and downstream demonstrated a "green sheen" and directed the Deerfield Water Operator to once again retest the Hawthorne Lane site, including up and downstream. The Deerfield Water Operator was not advised the August 8 Hawthorne Lane site or the Pine Street sample tests results were positive for fecal coliform, and again was not asked to retest the Pine Street site. (Because action was required from Friday's result, the Deerfield Water Operator assumed action would also be required if a Thursday result was positive). The Deerfield Water Operator delivered the resamples for the Hawthorne Lane Site and up and downstream to the CHP lab, as directed. Sunday 8/11/13 — The Deerfield Water Operator - on his own initiative - contacts the CHP lab from home and the CHP lab technician advises that the results from the Saturday, August 10, samples of the Hawthorne Lane site, including up and downstream, were all clear. Following this conversation, the Deerfield Water Operator believed any concern had ended. Board of Trustees meeting September 3, 2013 Page 3 of 10 Monday 8/12/13 — The CHP lab calls the Deerfield Water Operator and advises fecal coliform was present in the Thursday, August 8, Pine Street sample and directed him to resample the Pine Street site, including up and downstream. The CHP lab sends the written test reports from Thursday, August 8, through Saturday, August 10, to the IEPA office in Springfield, but not to the Village of Deerfield. The Village of Deerfield Water Operator collects the Pine Street site resamples, including up and downstream, and delivers them to the CHP lab. The Deerfield Water Operator contacts the IEPA and is advised a Tier II notice would be required, but a boil order was not required. 15 minutes later, the IEPA advises the Deerfield Water Operator that a Tier I notice is required, including the requirement for the boil order. The boil order notice is prepared according to IEPA content requirements and disseminated pursuant to IEPA requirements. Tuesday 8/13/13 — The Deerfield Water Division staff collects 10 water samples from throughout the system and delivers them to the CHP lab. At this time, the Deerfield Water Operator also picks up the written test reports from August 8 through August 10 and notes that the August 8 sample result from the Hawthorne Lane site was also positive for fecal coliform. This is the first time a Village employee learns of the August 8 Hawthorne Lane site sample testing positive for fecal coliform. The CHP lab reported that the tests on the samples taken Monday, August 12, at the Pine Street site, including up and downstream were clear. Wednesday 8/14/13 — The CHP lab reports that the water samples taken August 13 were all clear and the IEPA approves lifting the boil order. Thursday 8/15/13 — The Deerfield Water Division staff collects water samples at five registered locations. Friday 8/16/13 — 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. Monday 8/19/13 — Deerfield Water Division staff collects water samples at 5 registered locations. Tuesday 8/20/13 — The CHP lab reports that the sterile control water used to analyze the August 19 samples was compromised at the lab and the samples would need to be retaken. Wednesday 8/21/13 — Deerfield Water Division staff collects water samples at 5 registered locations and Village staff meets with CHP staff to review the events associated with the boil water order. Information gathered is included in the previously listed information according to the date of occurrence. Thursday 8/22/13 — Village Labor Counsel and staff hold internal employee interviews accompanied by Local # 150 Counsel and its Business Manager. The CHP lab reports that the test results for the samples taken August 21 are clear. Conclusion Board of Trustees meeting September 3, 2013 Page 4 of 10 The Village should have received clear notification from the CHP lab on Saturday, August 10, and Sunday, August 11, that the tests confirmed the presence of fecal coliform in the August 8 samples from Hawthorne Lane and Pine Street sites. The Village should be able to rely on its certified testing lab to test our water supply according to approved procedures and to sound the alarm in the event test results show the need for immediate action by the Village. That notification did not occur. This failure to report compliance data to the public water system operator (Village) or the State (IEPA) in a timely manner, prevented compliance with State regulations and potentially endangered public health. While many next steps are still being evaluated, it is my recommendation that the Village not continue to use the CHP lab going forward. Staff has visited other Illinois Department of Public Health (IDPH) accredited water sampling labs in the area to evaluate their practices and ability to potentially serve as a water sample laboratory to test Deerfield's public water supply. The Illinois Department of Public Health has been designated by the U.S. Department of Health and Human Services and the U.S. Environmental Protection Agency as the certifying agency for approval of microbiological laboratories processing official samples of water. The laboratory certification program ensures that approved laboratories use methods and techniques that are in substantial agreement with the current editions of the Standard Methods for the Examination of Water and Wastewater, among other criteria. Every two years, certified laboratories are re-evaluated through on-site inspection by laboratory certification officers. Additionally, regular proficiency tests are conducted. Staff continues to have dialogue with the IEPA and the IDPH. The IEPA Division of Public Water Supplies has reviewed the Village's Standard Operating Procedures for Water System Sampling (SOP) and provided recommendations. All IEPA recommendations have been incorporated into the SOP and are now in effect. The Village has also invited the IEPA to visit and further evaluate Deerfield operations as part of an investigation. Finally, at the conclusion of the Village's investigation it is my recommendation that all results and reports be forwarded to the City of Highland Park and submitted to the IEPA as it must evaluate our response in the matter. Chief Sliozis reported the Police Department took this opportunity to reevaluate the emergency calling system. The Department spoke with the system vendor, who stated their average success rate is 52%. The Village's total success rate was initially 72%, and more than 2,000 contacts were added between the initial call and the second call. The second call had a total success rate of 85%. Chief Sliozis noted the best way to ensure contact is to register phone numbers and email addresses with the Village. The phone database is updated monthly. Chief Sliozis indicated the Village will test the system to ensure it is working properly on a bi-annual basis. Trustee Benton noted some residents want their phone numbers to remain private. Chief Sliozis indicated unlisted numbers would not be compromised. Mayor Rosenthal stated the Village wants to remain transparent to the residents and businesses of the Village. She read the following statement: Board of Trustees meeting September 3, 2013 Page 5 of 10 The test results from Thursday, August 8th and since indicate that there was little if any problem in the distribution of our water supply to our residents and businesses. Other locations tested the same day were clear. Re -tests have also been clear and the amount of residual chlorine present in all the samples taken August 8th and since has been substantial, which shows that there was continuing treatment of the water in the system. All of the Village's actions will be reviewed by the IEPA and we welcome that review. If as a result of the IEPA's review, any appropriate follow up actions with personnel or procedures are necessary, they will be taken and reported. REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission held a OF THE PLAN COMMISSION RE: Public Hearing on July 25, 2013, to consider a REQUEST FOR AN AMENDMENT TO request to amend the sign plan for the Corporate A SIGN PLAN FOR THE CORPORATE 500 Centre, as well as sign modifications. The 500 CENTRE, INCLUDING REQUESTED Plan Commission voted 4-1 in favor of amending SIGN MODIFICATIONS Ordinance 0-06-51. Mr. Street indicated the Petitioners sent a letter requesting 4 tenant signs plus the Residence Inn sign instead of 3 tenant signs plus the Residence Inn sign as recommended by the Plan Commission on the Lake Cook Road monument sign. Lisa Voight with Parvin-Clauss Signs and Laura Quail with GE Capital were present. Ms. Voight indicated the proposed monument sign on Lake Cook Road is the sign in question. The Plan Commission's recommendation did not have an additional 17" panel. Ms. Voight stated the 16 square foot Residence Inn sign and the Corporate 500 Centre signs on Lake Cook Road would be removed. She believes the additional tenant panel would be helpful in leasing the buildings. Trustee Benton noted the tenant panels would show the major tenant from each of the buildings, their logo and the building number. Ms. Quail noted they would not indicate the exact building on the tenant panels. Trustee Benton questioned whether each anchor tenant would have a monument sign in front of their building. Trustee Struthers believes a monument sign would be appropriate in front of each building listing the major tenant. Trustee Farkas asked if the tenants have requested the tenant panels. Ms. Quail stated the tenants have requested panels on the sign. Trustee Struthers would not want to see a blank tenant panel, due to the current vacancy. Ms. Quail knows of a tenant that would want the tenant panel. She indicated the tenant panels would be filled based on the size of the tenant. Trustee Nadler asked about the height difference between the existing sign and the proposed sign. Ms. Voight stated the existing sign is 13.5' high and the proposed sign would be 16' in height. Trustee Jester noted the largest tenants would get the sign panel rather than having one sign panel per building. Ms. Quail noted the largest tenant could change over time. Trustee Jester questioned whether the building address is important on the sign. Jim Moyer from the Plan Commission noted the Plan Commission expressed concern about the sign becoming too cluttered. Trustee Benton applauded the Plan Commission on allowing Village staff to handle the tenant panel changes as necessary. Trustee Nadler believes it is mutually beneficial for the Village and the landlord to identify the key tenants in the building. He is in favor of 4 tenants plus the Residents Inn. Trustee Farkas agreed and believes the Village should do what they can to help businesses in the Village. Board of Trustees meeting September 3, 2013 Page 6 of 10 Mayor Rosenthal asked how visible the address would be, as the letters are only 3.5" high. Ms. Voight stated the letters are the same height as what is there now. Mayor Rosenthal wanted to ensure the sign was visible. Trustee Jester believes four buildings and four panels make sense. He questioned the logic of not assigning one panel per building. Ms. Quail noted the logic is typically one sign per building; however, there is currently not one largest tenant for the 500 building. Trustee Benton asked if the larger tenants would have logos instead of just text. Ms. Quail stated the tenant panels may have the company logos. Trustee Jester suggested removing the 500 — 550 line and adding the building address to the tenant signs. Mayor Rosenthal indicated that approach would remove the smaller tenants from having their addresses on the sign. Trustee Struthers suggested bolding the address and possibly making it larger. Mr. Moyer indicated the letters are backlit. Ms. Voight noted the address would be easier to read if it were larger. The larger letters would not increase the overall size of the sign. Trustee Jester believes each building should get one tenant sign. Mr. Moyer believes people will find the location with navigation systems. The Plan Commission was okay with the height of the proposed sign, but believed three panels would be more readable. Trustee Jester moved approval of the Plan Commission's recommendation with three sign panels plus Residence Inn. Trustee Benton seconded the motion. Trustee Seiden indicated it would bother him if the sign with four tenant panels was not readable. The motion failed by the following vote: AYES: Benton, Seiden (2) NAYS: Farkas, Jester, Nadler, Struthers (4) Trustee Struthers moved approval of the Plan Commission recommendation plus the Lake Cook Road monument sign with four panels as requested by the petitioner. 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 There were no items on the Consent Agenda. OLD BUSINESS ORDINANCE ZONING PROPERTY AT An Ordinance zoning the property located at the THE SOUTHWEST QUADRANT OF southwest quadrant of Deerfield Road and the DEERFIELD ROAD AND THE TRI- Tri-State Tollway upon annexation to the R-5 STATE TOLLWAY UPON general residential district, approving a Special Board of Trustees meeting September 3, 2013 Page 7 of 10 ANNEXATION TO THE R-5 GENERAL RESIDENTIAL DISTRICT, APPROVING A SPECIAL USE AND FINAL DEVELOPMENT PLAN FOR THE WOODLAND RESIDENTIAL PLANNED UNIT DEVELOPMENT AND APPROVING AN AMENDMENT TO THE PARKWAY NORTH PLANNED UNIT DEVELOPMENT — 1 R Use and final development plan for the Woodview Residential Planned Unit Development and approving an amendment to the Parkway North Planned Unit Development. First Reading was held. ORDINANCE APPROVING A An Ordinance approving a variation request for the VARIATION REQUEST FOR 430 BRIAR property located at 430 Briar Hill for an established HILL FOR AN ESTABLISHED FRONT front yard setback less than 175 feet. First Reading YARD SETBACK LESS THAN 175 FEET was held. ORDINANCE APPROVING A VARIATION REQUEST FOR 1509 WILMOT ROAD FOR AN ESTABLISHED FRONT YARD SETBACK LESS THAN 121 FEET— 1R ORDINANCE 0-13-39 APPROVING A VARIATION REQUEST FOR 1517 WILMOT ROAD FOR AN ESTABLISHED FRONT YARD An Ordinance approving a variation request for the property located at 1509 Wilmot Road for an established front yard setback less than 121 feet. First Reading. Mayor Rosenthal indicated the petitioner has requested a waiver of the rules so they can begin construction. She noted the Village has not received any comments from residents about the SETBACK LESS THAN 121 FEET request. Trustee Jester moved to waive the First Reading of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Trustee Farkas moved to adopt 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) NEW BUSINESS ORDINANCE 0-13-40 AUTHORIZING INTERGOVERNMENTAL AGREEMENTS WITH THE VILLAGE Chief Sliozis requested approval for two intergovernmental agreements for police dispatch services. One agreement would be with the Village Board of Trustees meeting September 3, 2013 Page 8of10 OF RIVERWOODS AND LAKE of Riverwoods. The second agreement would be COUNTY, IL FOR POLICE DISPATCH with Lake County. Chief Sliozis stated the SERVICES — 1R department would provide dispatch services to the Village of Riverwoods. Chief Sliozis noted the Riverwoods police chief approached him to take over the services provided to Riverwoods by Lincolnshire, as Lincolnshire will be ending their dispatch services this year. The intergovernmental agreements are needed to allow emergency calls to be answered by Deerfield. The Village negotiated with Riverwoods to provide dispatch services similar to what it does for Bannockburn. The intention is to provide substantially the same services to Riverwoods at the same cost. Riverwoods will pay for one dispatch telecommunicator with benefits. Riverwoods will also pay any costs and fees associated with getting the communications to Deerfield and back to Riverwoods. Chief Sliozis noted the department would not need additional personnel. Trustee Seiden moved to waive the First Reading of the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) Trustee Farkas moved for approval of the Ordinance. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION FOR BID Chief Sliozis noted the department currently uses an ACCEPTANCE FOR POLICE IN -CAR in -car video system. The equipment records traffic CAMERA SYSTEM stops and can be used for training, officer safety, prosecution and complaints. The current system was purchased in 2006 and is no longer covered by a warranty or maintenance agreement. This equipment is budgeted through the vehicle replacement fund. On June 27, the Village put out an RFP for a digital in -car system. Five companies responded. The lowest bidder was Watch Guard Video. Mayor Rosenthal asked about the life expectancy for the system. Chief Sliozis stated they hope for eight years. Trustee Seiden moved to award the bid for the police in -car camera system to Watch Guard Video in an amount not to exceed $58,463. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION OF FINAL WORK In April, the Board awarded the construction Board of Trustees meeting September 3, 2013 Page 9 of 10 FOR HEATHER ROAD AND LAKE contract for the Heather Road and Lake Eleanor ELEANOR DRIVE INFRASTRUCTURE Drive infrastructure rehabilitation project to REHABILITATION PROJECT — A -Lamp Concrete Contractors, Inc. Due to CONTRACT FINAL complications, the Village had to extend paving further east and west on Manor Drive and north along Carol Lane at the intersection with Lake Eleanor Drive. The additional contract work totaled $57,295, which makes the total project amount $1,488,385. The original budget amount was $1,490,000 leaving a difference of $1,615 between the budgeted amount and the final construction amount. Trustee Seiden moved to authorize the additional expenditure of $57,295 for the completion of the Heather Road and Lake Eleanor Drive infrastructure rehabilitation project making the total contract amount $1,433,917. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) AWARD CONTRACT FOR THE Assistant to the Director of Public Works and VILLAGE OF DEERFIELD INFLOW & Engineering Eric Oscarson reported that the INFILTRATION (I/I) REDUCTION Village has worked with RJN Group in inflow PROGRAM TO RJN GROUP and infiltration studies in the past. Over the past two years, they have worked on studies for the northeast and northwest quadrants. This year, the Village wants an I/I study on the southeast quadrant. The study will initially include smoke testing. Trustee Struthers moved to award the contract for the I/I reduction program to RJN Group in an amount not to exceed $115,003. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6) NAYS: None (0) DISCUSSION CONGRESSMAN BRAD SCHNEIDER Mayor Rosenthal and other nearby mayors met with U.S. Congressman Brad Schneider to discuss topics relevant to his District. Mayor Rosenthal reported the meeting was interesting and Congressman Schneider plans to hold meetings a few times a year. BANNOCKBURN BBO CHALLENGE Mayor Rosenthal, Trustee Struthers, Al Bromberg, Mary Oppenheim, Jim Moyer and Stuart Shayman represented the Village in the Bannockburn BBQ challenge. This year, Deerfield received the judges first place award. They will receive a travelling trophy. Mayor Rosenthal reported that Board of Trustees meeting September 3, 2013 Page 10 of 10 the brisket and side dish won the people's choice 3rd place overall awards and the brisket won 1St place from the judges. GARBAGE AND RECYCLING week because of the Labor Day holiday. STREET SIGN REFLECTIVITY ADJOURNMENT Mr. Street reminded residents that garbage and recycling collection will be delayed one day this Mr. Street indicated crews will be out conducting street sign reflectivity in the Village starting tonight. There being no further business or discussion, Trustee Jester made a motion to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:53 pm. APPRO ED: Mayor ATTEST: Village Cler