02/20/2018February 20, 2018
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 February 20,
2018, 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 attendance. Also present were Village Manager Kent Street
and Village Attorney Matthew Rose.
PLEDGE OF ALLEGIANCE Sustainability Commission Chairman Don
Anderson led those in attendance in reciting the
Pledge of Allegiance.
MOMENT OF SILENCE Those in attendance observed a moment of silence
in memory of the 17 Marjory Stoneman Douglas
High School students and faculty killed in the mass shooting February 14 in Parkland, Florida.
Mayor Rosenthal stated that approximately four years ago, the State gave home rule
communities a window of time to enact gun control laws with the understanding that it could be
revisited at a later date. On July 1, 2013, the Village of Deerfield took advantage of that 10 day
window by passing an ordinance that required safe storage of assault weapons and regulations on
transportation of assault weapons in the Village. She stated now is the time to revisit a complete
ban of assault weapons. She noted that the Village would not be breaking new ground with this
as the City of Highland Park enacted such a ban that reached the U.S. Supreme Court and was
found to be constitutional. She asked the Village staff and Village attorney to prepare a report to
the Village Board regarding an assault weapons ban.
MINUTES OF PREVIOUS MEETING Trustee Oppenheim moved to approve the minutes
from the February 5, 2018, Board of Trustees
meeting. Trustee Struthers seconded the motion. The motion passed unanimously on a voice
vote with Trustee Seiden abstaining.
BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and
Payroll dated February 20, 2018. Trustee Struthers
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
February 20, 2018
Page 2 of 8
PUBLIC COMMENT Janice Shaw, 1107 Warrington, has been a
Deerfield Resident for 35 years. She asked the
Village to consider requiring sidewalks to be shoveled by residents or their contractors after it
snows. In the past, the Village cleared more of the sidewalks but discontinued the practice two
years ago. Ms. Shaw requested the Village take some action to require homeowners to clear
their sidewalks from snow so people do not have to walk in the street. She suggested making a
Deerfield sidewalk snow removal fund for residents that are unable to shovel their sidewalks or
cannot afford it. Mayor Rosenthal asked staff to look into how to handle this situation.
REPORTS
REPORT AND RECOMMENDATION
OF STAFF RE: REQUEST FOR CLASS E
LIQUOR LICENSE FOR BARTACO AT
711 DEERFIELD ROAD, UNIT A
liquor license being issued.
Management Analyst David Fitzgerald reported
Bartaco is requesting a Class E liquor license
to allow them to serve beer, wine and spirits.
He indicated the Village would perform background
checks on restaurant management prior to the final
Trustee Oppenheim moved to accept the report and recommendation of staff regarding issuing a
Class E liquor license for Bartaco. Trustee Benton seconded the motion. The motion passed by
the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Representatives of Bartaco thanked the Village and shared photos and sample menus. They look
forward to opening in Deerfield.
REPORT AND RECOMMENDATION Assistant Village Manager Andrew Lichterman
OF CABLE AND reported the Cable and Telecommunications
TELECOMMUNICATIONS Commission has been negotiating a lease extension
COMMISSION RE: AT&T LEASE with AT&T. The initial lease was for 10 years, and
EXTENSION will expire shortly. The new lease will be for 10
years and will allow four, five-year extensions with
fee escalations. There will also be a $5,000 signing bonus.
Trustee Oppenheim moved to accept the report and recommendation of the Cable and
Telecommunications Commission. Trustee Jester 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
February 20, 2018
Page 3 of 8
REPORT AND RECOMMENDATION Mr. Lichterman reported the Sustainability
OF THE SUSTAINABILITY Commission has been studying the topic of coal
COMMISSION RE: COAL TAR tar sealants. The Commission voted 6-0
SEALANTS in favor of a multi-year educational campaign.
Sustainability Commission Chairman Anderson
noted the Commission worked very hard on this issue and maximized their focus on science and
fact rather than emotions. For many years, pavements were coated with a material based on coal
tar or asphalt. There have been different performance characteristics of these products. In coal
tar, there are a set of molecules (PAHs) that are considered carcinogens. The Commission has
two engineers and a water treatment expert that looked at the scientific data to come up with a
viable recommendation. He noted that the Commission's report is for an educational campaign
rather than a ban. Mr. Anderson noted they would let the coal tar applicators know the Village
would prefer asphalt to coal tar. They will also approach various parking lot owners asking them
to choose asphalt rather than coal tar. Mr. Anderson indicated coal tar is not available at local
hardware stores. The education campaign will start right away.
Mayor Rosenthal questioned the downside of banning coal tar. Mr. Anderson noted the FDA
deemed coal tar safe and effective when used in the right way. He believes issuing a ban would
create enforcement issues, especially without an education campaign. There would also be some
unintended consequences such as pricing. Mr. Anderson indicated if coal tar were banned,
dozens of other materials should also be banned. He questioned whether this is the direction the
Village would want to go. Mr. Anderson noted this could hurt the Commission's credibility with
residents and businesses when they really need to gain their trust and respect to join us in making
a success out of a bigger issue when their involvement is needed. The Commission believes
using this education approach, at least for a short time, makes more sense than an outright ban.
Trustee Struthers believes the Village should ban coal tar. She noted it can affect the children
and pets. There are some toxic materials in coal tar. The Village could get rid of these toxic
materials now. The Village needs to educate residents, but she believes it needs to be banned.
Mr. Anderson noted there are other surveys that directly contradict those numbers.
Trustee Seiden thanked the Commission for their hard work and analysis. Two years ago, he
brought this issue up to staff. The local hardware stores have already banned coal tar sealants.
Trustee Struthers questioned why the Village would not ban these sealants and adopt an
educational component.
Trustee Oppenheim noted some education campaigns are not effective. She expressed concern
that this educational campaign alone may not be effective. Trustee Oppenheim noted there are a
number of things regulated in the Village.
Trustee Shapiro indicated the market forces are going away from coal tar sealants. He believes
the level of concern, even without Federal or State regulations, is important to realize. He
suggested instituting a ban but having a timeframe for compliance. He would also like an
educational component.
Board of Trustees Meeting
February 20, 2018
Page 4 of 8
Trustee Benton noted a lot of large companies have moved away from coal tar. Home Depot has
also moved away from coal tar. He expressed concern about smaller companies that still use
coal tar. He questioned how the Village could determine how much coal tar is in the material.
Roger Dart, 1057 Camille Avenue, is a 53 -year resident. Mr. Dart suggested the time to ban coal
tar is now, before the spring. He would like to know that the materials used are safe.
William Bailey, 700 Apple Tree Lane, is a 38 -year resident. On the Texas USGS website, there
are some key findings. Residences adjacent to parking lots with coal tar sealants have house dust
25 times higher than those with asphalt sealants. Living adjacent to coal tar sealed pavement
increases cancer risk by 38 percent, giving children a 1 in 17,000 risk of cancer.
Camilla Dady, 812 Pine Street, is a 32 -year resident. She noted the Commission was thoughtful
and thorough, but their timeline is too long. She would like a ban.
Vicki Jenkins, 1038 Deerfield Road, has a background in chemical engineering. She believes the
coal tar material is toxic and should be banned.
Sheldon Lustig, 1021 Warrington, is a 30 -year resident. There is science and then there is
common sense. There is a safer alternative to coal tar•, he believes the alternative should be used
and coal tar sealant based.
Trustee Shapiro moved to accept the Sustainability Commission's recommendation for an
educational campaign regarding coal tar. Trustee Benton seconded the motion. The motion did
not pass by the following vote:
AYES: Jester (1)
NAYS: Benton, Oppenheim, Seiden, Shapiro, Struthers (5)
Trustee Seiden moved to direct the Village Attorney to draft an Ordinance ban the use of coal tar
sealants in the Village and to that includes an educational component. 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.
OLD BUSINESS
ORDINANCE 0-18-01 AUTHORIZING An Ordinance authorizing a lease extension with
Board of Trustees Meeting
February 20, 2018
Page 5 of 8
A CROWN CASTLE LEASE Crown Castle.
EXTENSION - IR
Trustee Benton moved to waive the First Reading of
the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following
vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Trustee Oppenheim moved to adopt the Ordinance. Trustee Shapiro seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
ORDINANCE AUTHORIZING THE
REDEVELOPMENT OF THE 99 S.
WAUKEGAN ROAD PROPERTY
(FORMER OFFICE DEPOT); A SPECIAL
USE FOR A CHICK-FIL-A
RESTAURANT WITH A DRIVE-THRU,
AND A TEXT AMENDMENT FOR A
An Ordinance authorizing the redevelopment of the
99 South Waukegan Road property (formerly Office
Depot), a Special Use for a Chick-Fil-A restaurant
with a drive-thru, and a Text Amendment for a
multiple use unified development (Waukegan Lake
Cook, LLC and Chick-Fil-A). First Reading.
MULTIPLE USE UNIFIED Trustee Seiden, who was not present at the last
DEVELOPMENT (WAUKEGAN LAKE meeting, called for a motion for reconsideration of
COOK, LLC AND CHICK-FIL-A) — 1 R report and recommendation of the Plan Commission
regarding the request for approval of the
redevelopment of the 99 S. Waukegan Road property (former Office Depot property), a Special
Use for a Chick-Fil-A restaurant with a drive-thru, and a text amendment for a multiple use
unified development pursuant to Section 2-46 of the Municipal Code of the Village of Deerfield;
and a motion to lay on the table the motion for reconsideration and the First Reading of an
Ordinance authorizing the redevelopment of the 99 S. Waukegan Road property (former Office
Depot property), a Special Use for a Chick-Fil-A restaurant with a drive-thru, and a text
amendment for a multiple use unified development.
He is not in favor of the petition due to the traffic pattern. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim (3)
NAYS: Seiden, Shapiro, Struthers, Rosenthal (4)
Mayor Rosenthal reported the petitioner will be present at the next Board of Trustees meeting.
ORDINANCE AUTHORIZING THE An Ordinance authorizing the vacation of a building
Board of Trustees Meeting
February 20, 2018
Page 6of8
VACATION OF A BUILDING LINE AT line at 755 Summit Drive. First Reading. Mayor
755 SUMMIT DRIVE — 1R Rosenthal indicated this would stand as a First
Reading of the Ordinance.
NEW BUSINESS
AUTHORIZATION TO PURCHASE IT Systems Coordinator Matt Weiss reported the
DATA CENTER NETWORK Village is reliant on virtualization technology. The
EQUIPMENT network connections need to be faster. The Village
currently operates on one gbps and proposes an
increase in network speed to ten gbps to reduce bottlenecks and ensure adequate network
capacity moving forward.
The Village received three formal quotes that were below the State contract price. Mr. Weiss
requested to waive the competitive bidding process and authorize the purchase of data center
network equipment from Meridian IT, Inc. in an amount not to exceed $32,647.82. He indicated
the quote came in under the $45,000 budgeted for the total project.
Trustee Jester moved to waive the competitive bidding process and authorize the purchase of
data center network equipment from Meridian IT, Inc. in an amount not to exceed $32,647.82.
Trustee Shapiro seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
RESOLUTION R-18-01 AUTHORIZING Chief Sliozis reported the Police Department is
MEMBERSHIP IN THE LAKE COUNTY seeking approval for membership in the Lake
MAJOR CRIMES TASK FORCE County Major Crimes Task Force. The Task Force
has been in existence since 1990. They recently
updated their bylaws and require approval. Chief Sliozis indicated annual membership in the
Task Force is $500 plus a member of staff for participation.
Trustee Struthers moved to adopt the Resolution. Trustee Shapiro seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
RESOLUTION R-18-02 Management Analyst Fitzgerald reported this
REALLOCATING 2018 VOLUME CAP this is the annual reallocation of the volume cap to
TO THE VILLAGE OF BUFFALO the Village of Buffalo Grove as requested by Lake
GROVE, ILLINOIS
County Partners. The pooled private activity bond
volume cap can then be used on projects that improve the quality of life for the region, such as
Board of Trustees Meeting
February 20, 2018
Page 7of8
subsidized housing, jobs or transportation projects managed by private entities. Trustee
Oppenheim moved to adopt the Resolution. Trustee Shapiro seconded the motion. The motion
passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO EXTEND THE Public Works Analyst Justin Keenan explained the
CONTRACT FOR THE SEWER LINING Village went out to bid in 2017 and awarded the
PROGRAM the sewer lining program, which included two 1 -
year extensions to A -Lamp Concrete Contractors.
This would be the first of the two extensions and the per unit rates will remain the same. Mr.
Keenan explained in 2017, the bid did not include 15 inch diameter sewer lining. This year, the
Village budgeted $400,000 for this program.
Trustee Shapiro moved to extend the contract for the sewer lining program in an amount not to
exceed $400,000 to Visu-Sewer. Trustee Seiden seconded the motion. The motion passed by
the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
AUTHORIZATION OF FINAL WORK Deputy Director of Public Works and Engineering,
FOR THE 2017 STREET Bob Phillips, explained the Village awarded the
REHABILITATION PROJECT — 2017 Street Rehabilitation Project contract to A -
CONTRACT FINAL Lamp Concrete Contractors. In 2017, the Village
learned of drainage issues and a sidewalk that
needed repair. Some of the locations were outside the scope of work in 2017. The original
contract amount was $2,268,008. The additional work brought the total to $2,448,289. The new
total is less than the original engineer's estimate of $2,650,000.
Trustee Seiden moved to authorize the additional expenditure for the completion of the 2017
Street Rehabilitation Project, increasing the total contract amount to $2,448,289. Trustee Jester
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
DISCUSSION
SPRINGFIELD Mayor Rosenthal reminded the Trustees to let Mr.
Street know if they will be going to Springfield.
She noted hotel rooms are scarce.
Board of Trustees Meeting
February 20, 2018
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HISTORICAL SOCIETY Mayor Rosenthal reported the Historical Society
will hold their 50t1i Anniversary Jubilee on May 20,
2018. She noted they would be looking for volunteers.
ADJOURNMENT There being no further business or discussion,
Trustee Oppenheim moved to adjourn the meeting.
Trustee Shapiro seconded the motion. The motion passed unanimously. The meeting was
adjourned at 8:48 pm.
The next regular Board of Trustees meeting will take place on Monday March 5, 2018 at 7:30
pm.
APPROVED:
Mayor
ATTEST:
Village Clerk