06/05/2017June 5, 2017
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 June 5, 2017,
at 7:30 p.m. The clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Thomas Jester
Mary Oppenheim
William Seiden
Dan Shapiro
Barbara Struthers
and that a quorum was present and in attendance. Also present was Village Manager Kent Street
and Village Attorney Matthew Rose.
PLEDGE OF ALLEGIANCE Members of the Rochelle Zell Jewish High School
Model U.N. Team led those in attendance in
reciting the Pledge of Allegiance. Mayor Rosenthal reported this is the third year the Rochelle
Zell Jewish High School has won this international competition. The most important aspect of
Model U.N. is the ability to cooperate and engage in diplomacy. Mayor Rosenthal presented the
students with a street sign that will be placed at the entrances to the Village.
FARMERS MARKET POSTER Nancy Anderson, Deerfield Farmers Market
Manager, presented Hanna Cohen's winning poster
to the Village. There were 18 entries this year. Ms. Anderson invited everyone to the first
Farmers Market of the year on June 17, 2017. Trustee Seiden noted Mayor Rosenthal and
Trustee Shapiro will be at the Farmers Market for Trustee in the Town.
MINUTES OF PREVIOUS MEETING Trustee Struthers moved to approve the minutes
from the May 15, 2017, Board of Trustees meeting.
Trustee Jester seconded the motion. The motion passed unanimously on a voice vote.
TREASURER'S REORT Finance Director Eric Burk presented highlights
from the Treasurer's Report for April, representing
one third of the year. Non -home rule sales tax decreased both from last month and the same time
last year. Water and sewer billing increased, and are consistent with the prior year. The hotel
tax increased over the same time last year. Building permit revenue decreased, but is still above
the same period last year. There were no unanticipated expenses.
IMET had a settlement through the insurance companies. The Village will receive some money
back.
BILLS AND PAYROLL Trustee Seiden moved to approve the Bills and
Payroll dated June 5, 2017. Trustee Benton
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June 5, 2017
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seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
PUBLIC COMMENT John Levy, 1340 Elmwood, has been a Deerfield
resident for 23 years. Mr. Levy has an issue with a
neighbor who lives on Linden. He has tried to speak with his neighbor and has sent emails for
several years. Mayor Rosenthal indicated the neighbor installed a basketball court with bright
lights and a 10 -foot sport court fence. She noted the Village has a nuisance ordinance that
speaks to noise. Under the Ordinance, the Village should be able to rectify the lights shining
directly into Mr. Levy's home. Mr. Street and Mr. Levy have spoken with Village Code
Enforcement Supervisor Clint Case, who has spoken to the homeowner. Mr. Case informed
them that Village does not have a light spillover provision in the Ordinance. Mr. Street noted
Highland Park has a residential light spillover provision. Mayor Rosenthal asked if the Village
could retroactively enforce an Ordinance. Trustee Shapiro questioned how to address residential
light spillover. Trustee Jester noted the photographs are not spillover; rather, shows light going
directly into Mr. Levy's home.
Mr. Levy noted a notification of non-compliance was sent to the homeowner regarding their
fence. Mr. Street noted Mr. Case spoke with the Plan Commission regarding updating the
definition of a sport court. Trustee Oppenheim questioned how much enforcement the Village
has, as the issues already exist.
Mr. Rose noted that Mr. Levy may also wish to seek a remedy through the courts. The
regulatory issue is something the Village Board can consider, but the best remedy at this point
may be private. Mr. Levy spoke with the police department, but there was no resolution. Mr.
Rose noted the Village would be willing to mediate the issue to try to obtain a resolution.
Trustee Struthers noted Deerfield has always been very sensitive to the issue of lights as
nuisances. Mr. Rose noted the Village Ordinance has violations for noise, with a maximum fine
of $500 per occurrence. Trustee Shapiro believes the Village needs to create standards in order
to enforce the issue.
Mr. Levy noted the sport court net is viewed as a fence. He viewed it as a violation of the seven -
foot height maximum as written in the Code. Mr. Street indicated the Village notifies the
homeowner and needs to wait before pursuing it in the courts. Mr. Levy noted the homeowner
said he would discuss the issue with his engineer more than a year ago. Mr. Street suggested
documenting the situation. The Board can direct staff to draft an Ordinance regarding residential
lighting. Trustee Oppenheim questioned the Village's ability to enforce the Ordinance. Trustee
Struthers questioned what the Village could do to get relief for Mr. Levy. Trustee Benton
believes there are a number of issues and proposed drafting an Ordinance for residential lighting.
Trustee Oppenheim believes an Ordinance would help clarify the enforcement. Mr. Levy
requested the surrounding homes be contacted prior to a sports court being installed. Trustee
Seiden noted the Village has an impervious surface Ordinance. Mr. Levy noted that his property
floods since the sports court was installed. He indicated the homeowner removed a number of
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June 5, 2017
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trees before installing the sports court. Staff will look into these issues as well. Mayor
Rosenthal also asked Chief Sliozis to look into the situation.
Andrew Marwick, 442 Kelburn, noted the Trump administration has released railway
electrification funds, which will help advance high speed rail. Deerfield sits on the Chicago
Milwaukee railway. This would be an ideal corridor to electrify. Mr. Marwick hopes there will
be progress with improved Metra and Amtrack service. He thinks there is potential to look into
the long-term future for development in Deerfield Park Plaza and Deerbrook. There are a
number of underutilized stores in the Village. Mr. Marwick suggested the Village Center
Commission look into what could be done in these areas.
REPORTS
REPORT AND RECOMMENDATION Management Analyst David Fitzgerald reported the
OF THE FINE ARTS COMMISSION RE: Fine Arts Commission has worked for more than 5
MURAL PROJECT ON AT&T years to get a mural on the east side of the AT&T
BUILDING building. The Commission put together an RFP
with Michael Moran, an art teacher at Deerfield
High School. The Fine Arts Commission is requesting the Trustees allow the Village Manager
to enter into an agreement with AT&T for the mural project. The Fine Arts Commission is
looking to make this an annual project.
Trustee Oppenheim moved to accept the report and recommendation of the Fine Arts
Commission. Trustee Shapiro seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
REMOVAL OF THE RESTAURANT
PROHIBITION AT CADWELL'S
CORNERS SHOPPING CENTER FOR
THE PORTION OF THE SHOPPING
CENTER SOUTH OF PET SUPPLY
PLUS TO THE END UNITS FACING
LAKE COOK ROAD AND AN
AMENDMENT TO THE SIGN PLAN
The Plan Commission held a Public Hearing on
May 11, 2017, to consider the request to remove the
restaurant prohibition at Cadwell's Corners
Shopping Center for the 12,900 -square -foot area
south of Pet Supplies Plus to the end units facing
Lake Cook Road. The restaurant prohibition would
remain intact for the rest of the shopping center.
They are also requesting an amendment to the sign
plan for the pylon signs at Cadwell's Corners. If
the prohibition is lifted, the restrictions would be
FOR THE PYLON SIGNS (CADWELL'S consistent with restaurants in the C-2 district. The
CORNERS Plan Commission voted 5-1 in favor of the request
with the condition that restaurant deliveries and
trash pickup be restricted to Monday through Saturday between 8 a.m. and 5 p.m. as well as
additional landscape screening.
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June 5, 2017
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Mayor Rosenthal stated she reviewed the Plan Commission minutes and listened to the tape.
There were things said by petitioners at the Plan Commission that she found offensive. Jeff
Bizar alleged that the elected officials have made up their minds as to how they will vote before
a meeting. Mayor Rosenthal noted this does not happen as it is a Violation of the Illinois Open
Meetings Act. Mayor Rosenthal noted that Mr. Bizar mentioned with glee that his lawsuit
against the Village regarding Fresh Thyme cost taxpayers $40,000 to fight. He also indicated the
Board got insurance to keep them from being sued, which is not the case. Mr. Bizar indicated
Mayor Rosenthal said the Village can determine which businesses are brought into the Village.
This also is not the case. She noted Mr. Bizar wanted a teen center, but the Village had issues
with the security. Mr. Bizar could have appeared before the Plan Commission with a proposal
for this business, but did not. Mr. Bizar also mentioned that the Plan Commission and Board do
not care. Mayor Rosenthal stated that the Plan Commission and Village Board are all volunteers
and they take their duties seriously and contribute their time and energy because they care about
the community. Mayor Rosenthal noted that Mr. Bizar calls the Fresh Thyme CEO on his cell
phone if there is a violation, but does not notify the Village. The Village cannot help resolve an
issue if it is unaware there is a problem. The original Board, 36 years ago, restricted restaurants
at that property. Mr. Bizar questioned at the Plan Commission what has changed. Mayor
Rosenthal agreed that was a worthwhile question and posed it to the petitioners.
David Beak, Attorney with New Castle Properties, provided a synopsis of the Plan Commission
presentation. The original plan for restaurant use was rescinded as Cadwell's Corners was a new
concept for the location. The retail landscape has changed and brick and mortar stores are not as
prevalent. Shopping centers need restaurant uses to provide traffic, visibility and livelihood to
the center. The space has been open for a number of years.
Shaun Devine with New Castle Properties, stated it is very difficult to fill a center of that size
with just brick and mortar retail. He noted that every other center in Deerfield allows
restaurants. They want to be put on the same level as the other centers in Deerfield. New Castle
Properties has received interest from restaurant uses since they renovated the space. Mr. Devine
noted they have a leasing broker trying to attract users for the space. He noted retailers do not
even look at the vacant space when they find restaurants are prohibited. Mr. Beak indicated
Cadwell's Corners is unique because they are zoned C-2 and abut residential. The trash
collection is handled through the Village contractor, who knows not to enter the property before
8 a.m.
Mr. Beak noted there will be activity once the space is leased. The proposal is to comply with
C-2 zoning, which includes submitting for a Special Use if a restaurant is over 3,000 square feet
or wants a drive-thru. He noted deliveries would be restricted to 8 a.m. to 5 p.m. and that would
be in the lease. Mr. Beak indicated some restaurants take small deliveries through the front door.
He questioned if that would be allowed on the west side (parking lot) or the south side, which are
further buffered from residential.
Mayor Rosenthal questioned what has changed that would be different for a restaurant, such as
nuisances, garbage, odors, compared to 36 years ago. Mr. Beak noted there was a previous site
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June 5, 2017
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plan for a standalone restaurant as an outlot. The center had a different configuration at that
time. Mr. Beak believes restaurant ventilation has improved. Center ownership will regulate the
trash enclosures. Mayor Rosenthal noted the proposed restaurant 36 years ago was for a Roy
Rogers restaurant with a drive-thru. She questioned how Center ownership would keep the odors
and rodents away from the residential area. Mr. Devine indicated the trash containers and
dumpster containers are designed to keep rodents out. They could also ensure there is more
frequent power washing of the dumpsters. Some of the possible tenants would not cook onsite.
Mr. Beak noted any tenant would be required to add proper ventilation. Mr. Devine indicated
the nature of the restaurant business has changed, and most are fast casual rather than sit-down
restaurants. He noted the restaurants would close around 9 p.m.
Trustee Oppenheim asked about the buffering. Mr. Beak met with some of the neighbors. They
looked at the Fresh Thyme buffering, which is only along the north side. Additional buffering,
in the form of landscaping and a berm, were added. They Village looked at the concept of
installing a fence, but it would deny access to the berm for maintenance. He questioned what
buffering a 4 -foot fence would provide. Mr. Devine noted the neighbors would not be in favor
of removing vegetation that provides a barrier to residential areas. Mr. Beak stated they could
extend the fence 100 feet beyond the dumpster area. A resident expressed concern about an
opening in the tree canopy. Mr. Devine stated they would add vegetation at that opening.
Trustee Benton noted there is a church behind the proposed restaurant area, not homes.
Mr. Beak requested more clarity regarding delivery restrictions on the west side of the building.
There are prospective tenants that may take some deliveries in their front door. He would not
want them cited for front -door, van -size deliveries. Trustee Shapiro inquired about the earliest
delivery time. Mr. Beak does not know specific time, as he is not proposing a limitation on the
west side. Trustee Struthers would be concerned about deliveries on the west side of the
building at 4 a.m. Trustee Oppenheim noted they are assuming only a van -size vehicle would be
allowed to deliver through the front door. Mr. Beak noted sit down restaurants typically do not
take deliveries through the front door. It is usually a smaller restaurant, like a Firehouse Subs,
that takes front -door deliveries.
Mr. Beak noted the Plan Commission requested additional landscaping. They spoke with the
neighbors and do not believe it is necessary or practical to add a fence or additional landscaping
given the nature of the berm, existing landscaping, and the homeowners' recommendation. They
would agree to fill in the space, however. Trustee Seiden would be concerned if a restaurant was
24 hours or operating late into the evening.
Marry Schaefer, 99 Evergreen Court, questioned what has changed since the prohibition was put
in place. He stated that the houses are there and the restaurant smells will not change. He noted
there was no evidence presented to the Plan Commission stating that there would be no material
impact on home values. There was no reliable information stating a restaurant would not impact
property owners. He stated there is an ongoing history with shopping centers wanting to lease to
restaurants, and this has not changed. Mr. Schaefer asked what controls would be put in place to
protect homeowners from the odors. The smells would be 88 feet from residential areas. Mayor
Rosenthal noted a cigar store successfully used a ventilation system to eliminate odors.
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June 5, 2017
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Trustee Struthers questioned if there is an issue with odors from Fresh Thyme or Pet Supplies
Plus. Mr. Schaefer is not aware of any issues.
Linda Paul, 90 Evergreen Court, stated her home backs up to the alley. She does not have any
issues about enlarging the sign and is in favor of leasing the property. Ms. Paul is concerned
about the garbage. Although the trash is covered, she stated the receptacle will not be like Fresh
Thyme because it would be cost prohibitive. The existing trash enclosure is not in good
condition and there are odors from the existing tenants. Ms. Paul questioned whether washing
the trash receptacles would be enough. She looked at some of the other trash enclosures in the
Village, which include brick structures rather than a fence. Although the restaurants are not near
the residential properties, the trash receptacles would be and trash would need to be wheeled to
the receptacles.
Marvin Kogan, 135 Doral Court, owns a property backing up to the south side of the shopping
center. Mr. Kogan is disappointed that the center ownership has not reached out to the residents
to hear their concerns. Restaurants are not the same as retail stores. The number of employees,
arrival time before opening, opening times, etc. are different. Restaurant employees may arrive
as early as 4 a.m. Mr. Kogan noted every issue at Cadwell's Corners has been with refrigerated
trucks. The neighbors do not want a restaurant. The shopping center exists because of the
restaurant prohibition agreement. There have been a number of Ordinance violations with Fresh
Thyme, even though residents were promised there would not be deliveries before 8 a.m. He
noted a majority of the issues seem to revolve around holidays. Mr. Kogan indicated there are a
number of lights out on the property, which the property owner has yet to repair. He believes the
landscaping has not been maintained and suggested looking at revoking Cadwell's Corners
special use. Mr. Kogan does not believe the residents should act as policemen. He suggested
requiring all restaurants to go through the Special Use process and special trash enclosures and
imposing fines for violations.
Mr. Marwick lives in Coromandel, which is behind a much larger restaurant than what is being
proposed. Mr. Marwick investigated the area behind Fresh Thyme and expected to find trash
blowing around the area, but did not see that. Mr. Marwick noted adding a restaurant to
Cadwell's Corners would be a plus for most of Deerfield. An empty, deteriorating shopping
center would be worse than the proposed restaurants. This is a high traffic location and would
attract patrons to Deerfield. Mr. Marwick suggested calling the Village if there are trash or
rodent issues. A restaurant would help the tax base in Deerfield.
Mayor Rosenthal would like to know more about how the trash receptacles will be screened and
kept clean. She also requested the petitioner to provide additional information regarding: (1) the
impact on property values, (2) if vendors that violate the delivery restriction are being penalized,
(3) how the current landscaping compares to the approved landscape plan, (4) what technological
advances have been made in the restaurant industry to mitigate their impact on nearby properties;
and, (5) what specific delivery hour restrictions the restaurants would adhere to. Mayor
Rosenthal recommended continuing discussion to the next meeting in June. Trustee Oppenheim
noted the trash seems to be a critical issue for the neighbors and suggested a more substantial
trash receptacle structure. She also suggested moving the area for the trash enclosure to the
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June 5, 2017
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southernmost end of the parking lot. Trustee Shapiro suggested making some limitations to the
west side deliveries. Trustee Seiden asked for the petitioner to explain what has changed in
restaurant operations over the past 36 years. He wants to assure the neighbors that there will not
be odors or rodents. Trustee Struthers would like to see improved compliance with the current
restrictions and would like to hold the entire center to the same delivery hour restrictions. Mr.
Street cautioned that there may be some limitations with the property owners ability to require
tenants other than Fresh Thyme to abide by the same delivery hours.
Trustee Shapiro moved to table further discussion to the June 19 meeting. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE: A
SPECIAL USE FOR AN ART VAN
FURNITURE RETAIL STORE OVER
30,000 SQUARE FEET IN THE FORMER
SPORTS AUTHORITY SPACE AT THE
DEERBROOK SHOPPING CENTER
(GATEWAY FAIRVIEW, INC. —
PROPERTY OWNER AND MID -
The Plan Commission held a Public Hearing on
May 11, 2017, to consider the request for a Special
Use for a 41,936 square foot furniture retail store in
the former Sports Authority space in the Deerbrook
Mall Shopping Center for Art Van Furniture. The
Plan Commission voted 6-0 in favor of the request.
The Appearance Review Commission held a
preliminary review on February 27, 2017.
AMERICA ASSET MANAGEMENT,
INC. — PROPERTY MANAGER AND Trustee Oppenheim moved to accept the report and
ART VAN FURNITURE) recommendation of the Plan Commission. Trustee
Seiden seconded the motion. The motion passed by
the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION The Plan Commission held a workshop meeting on
OF THE PLAN COMMISSION RE: April 13, 2017, to consider the request for approval
REQUEST FOR APPROVAL OF THE of the final Plat of Subdivision for the property
FINAL PLAT OF SUBDIVISION FOR located at 1530 Woodland Drive and 1509 Wilmot
THE PROPERTY AT 1530 WOODLAND Road for Red Rock Development. The Plan
DRIVE AND 1509 WILMOT ROAD Commission voted 5-0 in favor of the request.
(RED ROCK DEVELOPMENT)
Mayor Rosenthal indicated there have been some
issues with Greenview Builders going bankrupt and wanted to be sure that lessons learned from
that situation were being implemented in this case. Mr. Street noted there is a lawsuit and those
participating are waiting for the final court decision. Mayor Rosenthal questioned whether there
is any protection from something like that happening again. Mr. Street noted that building
permits are issued for a specific project or the developer. The regulations have not changed, but
Board of Trustees Meeting
June 5, 2017
Page 8 of 9
this situation has not come up in the past. He would like to review the request with the Village
Attorney's office
Trustee Oppenheim moved to accept the report and recommendation of the Plan Commission
regarding the request for approval of final Plat of Subdivision for the property located at 1530
Woodland Drive and 1509 Wilmot Road subject to attorney approval. Trustee Shapiro seconded
the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
CONSENT AGENDA
There were no items on the Consent Agenda.
There was no Old Business.
OLD BUSINESS
NEW BUSINESS
AUTHORIZATION TO SUPPORT THE Wastewater Superintendent Brandon
NORTH BRANCH CHICAGO RIVER Janes reported all three forks of the North Branch
WATERSHED WORKGROUP are on the IEPA impaired waters list and fail to
meet their approval. The IEPA supports solving
local water issues in groups, such as the North Branch Chicago River Watershed Workgroup.
The structure and goals of the NBWW will be designed to meet IEPA requirements. The group
is committed to an approach that focuses on stakeholder involvement, monitoring and locally led
decision-making based on sound science. The dues are based on MS4 acreage with a cost to
Deerfield of $11,867. The dues would cover water quality testing, the Village's MS4 monitoring
requirements and some of the Wastewater Reclamation Facility in -stream sampling.
Trustee Jester, although in favor of the workgroup, believes documenting what exists is
important. He would like the Village to receive a report regarding what the workgroup is
measuring. He would like to know which NGOs are lobbying the IEPA and thinks a basin -wide
approach makes a lot of sense. Trustee Jester does not believe determining how to make the
watershed fishable and swimmable is important. Mr. Janes indicated they have received letters
from Niles, Wilmette and the North Shore Sanitary District so far.
Trustee Struthers moved to authorize the support of the North Branch Chicago River Watershed
Workgroup in the amount of $11,867. Trustee Oppenheim seconded the motion. The motion
passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
June 5, 2017
Page 9 of 9
AUTHORIZATION TO EXECUTE Director of Public Works and Engineering Barbara
AMENDMENT 2 TO THE AGREEMENT Little reported the Metra office of real estate and
FOR THE OPERATION OF COMMUTER contract management has reviewed the parking lot
PARKING FACILITY maps. They no longer want to own lots on public
rights-of-way that are owned by municipalities.
Ms. Little noted Metra owns most of the parking spaces except 30 along Chestnut. They
presented the Village with Amendment 2 to the agreement for the operation of a commuter
parking facility. Ms. Little indicated the Village already has maintenance responsibility for the
parking lot, so there would not be an additional cost for the Village.
Trustee Shapiro moved to execute Amendment 2 to the agreement for the operation of the
commuter parking facility. Trustee Benton seconded the motion. The motion passed by the
following vote:
AYES: Benton, Jester, Seiden, Shapiro, Struthers (5)
NAYS: None (0)
ABSTENTION: Oppenheim (1)
DISCUSSION
COMMONWEALTH EDISON MEETING Mr. Street, Mr. Lichterman, Mr. Fitzgerald and
Mayor Rosenthal met with representatives from
ComEd and will invite them to a Board meeting to discuss the improvements.
MEMORIAL DAY SERVICE
FINE ARTS FESTIVAL
DBR CHAMBER LUNCHEON
Mayor Rosenthal thanked everyone for
participating. The cemetery looked great.
Mayor Rosenthal thanked everyone for participating
in the event.
Mayor Rosenthal and Mr. Street attended the DBR
Chamber of Commerce Scholarship Luncheon.
Three students from Deerfield High School received scholarships; two from Takeda and one
service award.
FARMER'S MARKET
Mayor Rosenthal reminded residents that the first
Farmer's Market will take place on June 17, 2017.
ADJOURNMENT There being no further business or discussion,
Trustee Struthers moved to adjourn the meeting.
Trustee Shapiro seconded the motion. The meeting was adjourned at 10:15 pm.
The next regular Board of Trustees meeting will take place on Monday, June 19, 2017 at 7:30
p.m.
Board of Trustees Meeting
June 5, 2017
Page 10 of 9
APPROVED:
`J Mayor
ATTEST:
Village Clerkf