03/02/2015March 2, 2015
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on March 2, 2015
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 Village Administrative Intern Sam Barghi led those
in attendance in reciting the Pledge of Allegiance.
DONALD E. GEHRIG MEMORIAL Deputy Chief Tom Keene presented the Donald E.
AWARD PRESENTATION Gehrig Memorial Award to Sergeant Oliver
Cachola. The award recognizes an officer or
civilian employee for outstanding police service. Sgt. Cachola served in Operation Iraqi
Freedom and has raised awareness for homeless and displaced veterans in Lake County. He has
been an active participant in several charitable organizations for the Village. Sergeant Cachola
thanked his family, the Village, Police Department and Board of Police Commissioners for their
support.
MINUTES OF PREVIOUS MEETING Trustee Benton moved to approve the minutes from
the February 17, 2015, Board of Trustees meeting.
Trustee Farkas seconded the motion. The motion passed unanimously on a voice vote.
TREASURER'S REPORT Eric Burk presented highlights from the Treasurer's
Report representing the month of January, or 8% of
the fiscal year. The sales tax net of the Walgreens rebate increased over last year. Water and
sewer billing decreased. Building permit revenue is consistent with last month and increased
over the same period last year.
BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and
Payroll dated March 2, 2015. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Nadler, Seiden, Struthers (5)
NAYS: None (0)
ABSTAIN: Jester (1)
Board of Trustees Meeting
March 2, 2015
Page 2 of 6
PUBLIC COMMENT Alex Epstein, 935 Walnut Street, is an 18 year
resident of the Village. At the next Board meeting,
there will be a recommendation from the Plan Commission regarding the property at 824 and
826 Chestnut. Mr. Epstein indicated the adjacent property owners unanimously oppose the
development. There are too many buildings on too small of a lot and there are too many
variances. Mr. Epstein asked the Board to support the existing zoning codes and not grant the
requested variances. He does not believe a development of this size should be developed on the
parcel. Mr. Epstein questioned why a traffic study was not performed. He proposed
compromises with the builder on the density and setbacks, but the builder was not interested. He
invited the Board to come to his house to see the impact the proposed development would have
on him and his neighbors.
CONSENT AGENDA
ORDINANCE AMENDING AND
REVISING THE ANNUAL BUDGET OF
THE VILLAGE OF DEERFIELD FOR
THE FISCAL YEAR BEGINNING
JANUARY 1, 2015 AND ENDING
DECEMBER 31, 2015 RE: POLICE
COMPUTER SOFTWARE — 1R
An Ordinance amending and revising the annual
budget of the Village of Deerfield for the fiscal year
beginning January 1, 2015, and ending December
31, 2015, regarding police computer software.
First Reading. Mayor Rosenthal indicated this
would stand as the first reading of the Ordinance.
OLD BUSINESS
ORDINANCE AUTHORIZING An Ordinance authorizing the demolition of a non -
DEMOLITION OF NON -CONFORMING conforming structure beyond 50 percent of the
STRUCTURE BEYOND 50 PERCENT OF replacement value for the property located at 1190
REPLACEMENT VALUE — 1109 Central Avenue. First Reading. Mayor Rosenthal
CENTRAL AVENUE — 1 R received a request to waive the first reading of the
Ordinance. Trustee Farkas did not want to grant a
waiver due to the concerns that have been raised. This will stand as a first reading of the
Ordinance.
ORDINANCE AUTHORIZING
An Ordinance authorizing approval to proceed with
APPROVAL TO PROCEED WITH A
a planned improvement for the property located at
PLANNED IMPROVEMENT — 501
501 Longfellow Avenue. First reading. Trustee
LONGFELLOW AVENUE — 1R
Struthers moved to waive the first reading 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
March 2, 2015
Page 3 of 6
Trustee Farkas moved to adopt 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)
ORDINANCE AUTHORIZING RELIEF An Ordinance authorizing relief from the
FROM ESTABLISHED FRONT established front setback of 50 feet in lieu of 58
SETBACK OF 50 FOOT IN LIEU OF 58 feet for the property located at 1346 Stratford
FOOT — 1346 STRATFORD ROAD — 1 R Road. First reading. Mayor Rosenthal indicated
this would stand as a first reading of the Ordinance.
ORDINANCE AUTHORIZING
A SPECIAL USE TO PERMIT THE
ESTABLISHMENT OF A HOBBY
LOBBY RETAIL STORE OVER 30,000
SQUARE FEET IN AREA AND AN
AMENDMENT TO THE DEERBROOK
SHOPPING CENTER COMMERCIAL
An Ordinance authorizing a Special Use to permit
the establishment of a Hobby Lobby retail store
over 30,000 square feet in area and an Amendment
to the Deerbrook Shopping Center Commercial
Planned Unit Development in the former Best Buy
space. Second reading.
PLANNED UNIT DEVELOPMENT Trustee Farkas moved to adopt the Ordinance.
(FORMER BEST BUY SPACE) — 2R Trustee Struthers seconded the motion. The motion
passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
REPORTS
REPORT AND RECOMMENDATION Assistant to the Village Manager Andrew
OF STAFF RE: MEDICAL CANNABIS Lichterman reported that last year the Board
CENTERS AND DISTRIBUTION considered a report and recommendation from the
FACILITIES Plan Commission regarding medical cannabis
distribution facilities and cultivation centers. The
State awarded dispensary licenses and the Village has authority to adopt reasonable zoning
requirements in addition to the State's requirements. The State dispensary application is
included with the report. He noted that based on the State's regulations only distribution
facilities would be permitted and cultivation centers would be prohibited. Upon acceptance of
report, staff will work with Village attorney on a Text Amendment to the Zoning Ordinance.
Trustee Farkas stated his law office has represented some applicants and the materials submitted
to the State are very thorough. Trustee Farkas stated he does not believe the Village needs to add
a 500 foot buffer around parks and the additional buffer sends the wrong message that Deerfield
is less tolerant than the State. Trustee Nadler believes the Village's additional 500 foot buffer
Board of Trustees Meeting
March 2, 2015
Page 4 of 6
around parks is consistent with the State restrictions as it serves to keep the distribution facilities
from children's activities. Trustee Struthers does not believe dispensaries should be located
anywhere near parks, schools or daycare centers.
Mayor Rosenthal stated we teach our children to just say "no" to drugs, but the Village cannot
say "no" to this. She noted that if the Village does not institute its own regulations then it will
default to the current State regulations. Mayor Rosenthal expressed a couple concerns; the State
may still change its own regulations and may increase the distance from schools from 1000 feet
to 1500 feet. She wants to ensure the Special Use has very specific regulations for the security
of the dumpsters and loading docks. Other issues include the way the State has divided the
districts. Deerfield is split between two counties. Mayor Rosenthal does not want one dispensary
in the Cook County portion of Deerfield and one in the Lake County portion of Deerfield. She
has requested the Special Use Regulations provide state there could be only be one dispensary in
Deerfield.
Mr. Coblentz stated the Village cannot unreasonably zone medical cannabis dispensaries and the
regulations need to be consistent with the law. The State indicated the dispensaries will be
dispersed throughout the State. He advised the Mayor that restricting the number of dispensing
facilities to one would be a reasonable zoning regulation consistent with State law, as the State
intended for the dispensaries to be spread out geographically.
Trustee Benton looked at operational standards and believes there is a conflict with operation
standard ten. There is a need for medical cannabis, but the standard states people under 18 could
not be on the premises. There are some children suffering from MS and epilepsy that could use
medical marijuana but would not be able to be on premise. Trustee Benton believes this needs to
be modified or dropped. Mayor Rosenthal stated it has not been licensed for use by anyone
under 18 at this point. Trustee Struthers noted that is still under discussion by the State.
Trustee Seiden expressed concern because the Federal government does not permit the sale of
marijuana and dispensaries cannot deposit cash in national banks. He does not understand how
he could vote on this. Trustee Nadler noted this was passed by the State and the Village now has
to vote on how to zone the dispensaries. Trustee Seiden questioned whether the Village stands
by Federal law or State law. He has never seen State law trump Federal law. Mayor Rosenthal
believes the Village needs to focus on the issue of land use and determine where it would be
most appropriate in the Village. Mr. Lichterman noted there is some assurance that the U.S
Department of Justice stated they would not pursue prosecution of dispensaries or cultivation
centers that are operating in compliance with State law.
Mayor Rosenthal noted the Village does not have a lot of choice and needs to determine how the
Ordinance should read. Trustee Farkas believes there is room to make a choice about the age
issue and a drive-thru window. Parents cannot leave children in an unattended vehicle. A drive-
thru will not enhance the number of users. Mayor Rosenthal is not in favor of a drive-thru.
Trustee Struthers believes dispensaries need to be handicapped accessible with reasonable
parking. Mr. Lichterman will work with the Village attorney to prepare an Ordinance. Trustee
Board of Trustees Meeting
March 2, 2015
Page 5 of 6
Benton moved to accept the report and recommendation of staff and the Plan Commission.
Trustee Jester seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
NEW BUSINESS
RESOLUTION SUPPORTING Mayor Rosenthal indicated this is a Resolution
THE NORTHWEST MUNICIPAL urging the Governor and General Assembly to
CONFERENCE 2015 LEGLISLATIVE protect the local government distributive
PROGRAM funds.
Mayor Rosenthal noted that Governor Rauner's budget proposal includes a 50 percent reduction
in the amount of income tax dollars going to local governments, which would be approximately
$900,000 in Deerfield. The cut would be done by population rather than the amount of income
tax paid in the Village. Mayor Rosenthal believes the Governor should realize he cannot balance
his budget on the backs of municipalities. Deerfield operates well and has a AAA bond rating.
Trustee Farkas stated the money comes from taxes paid by Village residents and it is supposed to
be spent locally, which is the reason the local government distributive fund was created in the
first place. Trustee Struthers noted the Mayor and Board go through the budget line by line
every year and eliminate costs where possible. The State has not done that. She thinks this
resolution is very appropriate.
Trustee Struthers moved to approve the Resolution. Trustee Seiden seconded the motion. The
motion passed by the following vote:
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers (6)
NAYS: None (0)
Mayor Rosenthal will go to Springfield for Legislative Days and will meet with the different
Representatives and Senators that represent Deerfield.
DISCUSSION
EMERGENCY REQUEST Mr. Street stated the request to approve
an emergency expenditure for a private contractor
to repair a water main that was broken beyond the scope of Village equipment. Trustee Nadler
moved to authorize the expenditure of $21,889 to Katco Development, Inc. Trustee Benton
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
March 2, 2015
Page 6 of 6
MEETING WITH KYLE HAVERS Mayor Rosenthal and Mr. Street met with Kyle
Haevers, Governor Rauner's government affairs
manager for the collar counties. They discussed some of the issues that need to be worked on
with the help of the State. Mayor Rosenthal noted this is the first time someone from the
Governor's office has called to meet with the Village.
MEETINGS
the Rotary Club.
Mayor Rosenthal and Mr. Street attended meetings
for Community the Anti -Drug. She also spoke at
ADJOURNMENT There being no further business or discussion,
Trustee Benton moved to adjourn the meeting.
Trustee Farkas seconded the motion. The motion passed unanimously. The meeting
was adjourned at 8:24 p.m.
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Mayor
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Village Clerk