09/04/2018September 4, 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 September 4,
2018, at 7:30 p.m. The clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Tom Jester
Mary Oppenheim
William Seiden
Dan Shapiro
Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Manager Kent
Street and Ben Schuster, Village Attorney.
MOMENT OF SILENCE Those in attendance observed a moment of silence
in memory of former Deerfield Mayor Bernie
Forrest. Mr. Forrest served the Village for more than 36 years, 32 as Mayor.
PLEDGE OF ALLEGIANCE Members of the Plan Commission led those in
attendance in reciting the Pledge of Allegiance.
VOLUNTEER ENGAGEMENT Mayor Rosenthal reported the Volunteer
COMMISSION APPOINTMENTS Engagement Commission recommended the
following appointments:
Jay Meyers — Volunteer Engagement Commission
Amy Schneider — Appearance Review Commission
Jennifer Holtz — Village Center Commission
Trustee Seiden moved to accept the recommendation. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
MINUTES OF PREVIOUS MEETING Trustee Struthers moved to approve the minutes
from the August 20, 2018, Board of Trustee
meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice
vote.
TREASURER'S REPORT Finance Director Eric Burk presented highlights
From the Treasurer's Report for July 2018,
representing 58 percent of the fiscal year. Non home -rule sales tax decreased due to economic
Board of Trustees Meeting
September 4, 2018
Page 2 of 11
incentive activity. Water and sewer building represent lower usage months. Electric utility tax
was in line. Building permits exceed expectations. The expenditures were not unusual. Large
expenditures to come are police pension and a general fund transfer.
BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and
Payroll dated September 4, 2018. Trustee Shapiro
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
STORM REPORT Acting Director of Public Works and Engineering
Bob Phillips noted there have been 6.5 inches of
rain since Friday. Friday afternoon, in anticipation of the storm, Public Works crews cleared
inlets. This approach worked out well, as the department did not receive any calls until Monday
when the heavy rain started. At 6 a.m. on Monday, the Police Department called Public Works
to inform of street flooding. He noted this was a 50 -year storm event, so there was more street
flooding than usual. The Wastewater Treatment Plant handled 21 million gallons over the
maximum of 9 million gallons. The reservoirs were monitored, and were an effective tool in
relieving the west side of the Village and existing infrastructure is holding up well. Mayor
Rosenthal reminded residents about the importance of keeping their inlets clear. She thanked the
Public Works Department for being proactive. Mr. Phillips thanked the Police Department for
their assistance in dispatching and closing streets as necessary.
PUBLIC COMMENT David Mangurten, 602 Warwick Road, has lived
near one of the flood hotspots since 1974. Mr.
Mangurten spoke with Mr. Phillips, who told him of the Village plan to add a new 36 -inch
sewer. He was very happy with the plan, but does not believe Deerfield residents need to worry
about not being able to get out of their driveways. He wants to inform the Board of the serious
flooding problem on Warwick.
Ted Giesien, 610 Warwick, expressed concern because flooding has been a problem for more
than 30 years. There was a sanitary sewer at the end of his driveway, which was also an issue.
He believes there is a plan to put a new parking lot at Walden School. Mr. Gessler is concerned
because this would create additional flooding in his neighborhood.
REPORTS
REPORT AND RECOMMENDATION The new owner of Renu Day Spa, Jacek Wojnarski,
OF STAFF RE: CLASS J LIQUOR purchased the business in June. He is requesting a
LICENSE FOR RENU DAY SPA Class J liquor license to make his business more
attractive to customers. He is aware of the
restrictions of a Class J liquor license and will abide by them. Mayor Rosenthal noted the police
department has gone through a background investigation and did not find anything.
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September 4, 2018
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Trustee Shapiro moved to accept the report and recommendation regarding a Class J liquor
license for Renu Day Spa. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION Village Fiscal Clerk Mary Glowacz
OF STAFF RE: ROOF PERMIT FEES presented a request for an amendment to the
Municipal Code to establish roofing permit
fees that are more in-line with neighboring municipalities. Staff is recommending the Village
adopt a base fee of $75 for roof permits plus half of 1 percent of the project as an impact fee.
Trustee Struthers inquired about the expected loss of revenue. Ms. Glowacz estimated it at
$25,000.
Trustee Struthers moved to accept the report and recommendation regarding roof permit fees.
Trustee Oppenheim 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 Public Hearing on
OF THE PLAN COMMISSION RE:
July 26, 2018, to consider the request for approval
REQUEST FOR APPROVAL OF A
of a final PUD plan for the 658, 662 and 702 Elm
FINAL PLANNED UNIT
Street townhouse development. The Plan
DEVELOPMENT (PUD) PLAN FOR
Commission voted 6-0 in favor of the request.
658,662 AND 702 ELM STREET
TOWNHOUSE DEVELOPMENT (1219
Attorney Bernie Citron noted the Plan Commission
PARTNERS LLC)
thoroughly reviewed the plans and made a few,
insignificant changes. Trustee Oppenheim noted
they added additional landscaping to screen the HVAC units.
Trustee Oppenheim moved to accept the report and recommendation regarding the final PUD
plan for the 658, 662 and 702 Elm Street townhomes. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Shapiro (4)
NAYS: Seiden, Struthers (2)
REPORT AND RECOMMENDATION
The Plan Commission held a Public Hearing on July
OF THE PLAN COMMISSION RE:
26, 2018, to consider the request for approval of a
REQUEST FOR APPROVAL OF A
final PUD plan with necessary exceptions for 464
FINAL PLANNED UNIT
DEVELOPMENT (PUD) PLAN WITH
and 502 Elm Street. The Plan Commission voted 3 -
3, thereby recommending denial of the request.
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September 4, 2018
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NECESSARY EXECPTIONS; A
REZONING OF 464 AND 502 ELM Mike Viner, attorney, stated their client
STREET FROM R-3 SINGLE FAMILY originally approached the Village proposing a 14 -
RESIDENTIAL DISTRICT TO R-5 unit development. After working with the Plan
GENERAL RESIDENCE DISTRICT; Commission, the development went from the
AND AN AMENDMENT TO THE townhomes to six single family homes on 1.08
COMPREHENSIVE PLAN TO ALLOW acres. The homes will be 2 -stories between 2,500
THE REDEVELOPMENT OF 464 AND and 2,800 square feet. The target market for the
502 ELM STREET PROPERTIES WITH homes includes empty nesters, young families and
SIX SINGLE FAMILY HOMES recently divorced parents.
(AVANTI CONSTRUCTION GROUP)
Mr. Wolf noted the neighboring homeowners are
concerned that the proposed homes will decrease their home values. He noted that new projects
often come with requests for changes and variations. Mr. Wolf indicated the Village Board has
granted a number of variations and changes to the Comprehensive Plan for other developments
and requested the same consideration for this property.
Kevin Lewis, Civil Engineer with IT Consulting, stated they are trying to create an environment
that looks like single family homes for the project. The building height is below 30 feet, which
is a requirement. They would provide in -ground storm water detention, which would improve
the drainage for the entire area.
Mr. Viner discussed the proposed exceptions. He believes the exceptions are appropriate for the
project. Most of the neighboring areas have setbacks that do not comply with Code, and they do
not believe their request is unusual based on the setbacks that currently exist. The density and
proportionately is similar to the neighboring properties. Trustee Shapiro noted the requested
variances are from the R-5 regulations.
Paul Williams with Williams Design Landscape Architects stated the primary design criteria
create a buffer between the existing single family homes and the proposed homes. The plan
softens the views for the proposed homes from Elm Street. The plant selections create interest
and help reach the goals. Trustee Shapiro asked about adding berms. Mr. Williams noted they
do not have berms due to swales.
Mr. Viner stated there are a handful of recurring items, including compatibility, R-5 designation,
negative home values, drainage, the rezoning and they require the variances.
Trustee Struthers discussed the reasons for Deerfield rules. She said she wants Deerfield to be,
and remain, a lovely suburban and very livable community with tree -lined streets and
neighborhoods of single family homes. About 15 years ago, a number of developers came into
Deerfield and began building oversized homes on small lots in Deerfield, removing many trees
in the process. She recalled the teardown task force chaired by Bill Seiden that she and Trustee
Bob Benton and I served on with other stakeholders. Over the course of a year, we came to the
consensus on a set of regulations defining appropriate side yard and back yard setbacks, taking
into consideration the old setback regulations and new setbacks; the FAR; allowing light to get to
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September 4, 2018
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the neighboring property; limiting the amount of impervious surface that could occupy front
yards; tree removal and replacement and drainage requirements.
She stated these rules were voted on and accepted by the Village Board, and are in the Village
Code. And they serve to protect our residents who own homes in Deerfield. They are not
suggestions that can be ignored or messed with to serve the interest of developers. Trustee
Struthers objects to developers thinking they can ignore our rules and a PUD to suit what they
want over the residents.
Marcy Reed, 864 Central, noted residents are deeply invested in the community. She does not
believe residents should need to fight the Village and come up with facts to keep their
neighborhood the same.
Bill Vaananen, 845 Brookside Lane, has lived in Deerfield for 25 years. He noted the length of
construction can go on for years, which will affect the neighborhood with ongoing construction
traffic. The financial impact of having an endless construction zone will negatively affect the
neighboring homes. A developer can build two single-family homes, as currently zoned. They
bought their home and trusted the neighborhood would remain with R-3 zoning.
Gail Modo, 502 Cambridge Circle, opposes the proposed plan. She questioned who would
maintain and repair the underground retention ponds. Ms. Modo wants to keep the integrity of
the neighborhood.
Linda Vaananen, 845 Brookside Lane, noted this is a proposal for an R-5 with different setback
requirements than the R-3 homes. This is a proposed PUD. The Comprehensive Plan and
Zoning Ordinance have certain requirements that are black and white. There is no precedent for
taking two single family R-3 properties and amending them to be an R-5 PUD. It is not in the
public interest. It is important to maintain the variety of homes in Deerfield. The neighborhood
with R-3 homes is not compatible with the proposed R-5 PUD. When you move into a home,
you should be able to trust the neighboring properties will keep the same zoning. Ms. Vaananen
asked the Trustees to consider what this would mean in your own backyards. This would be
detrimental to the surrounding properties. She questioned what hardships the developer has,
noting financial hardship does not qualify. She asked the Trustees to say no to the rezoning.
Joe and Allison Scopelliti, 514 Elm Street, live just north of the development. Ms. Scopelliti
stated they are opposed to rezoning of the parcel, against isolation of 454 Elm Street, against
putting higher density units in the middle of their block, against the build -as -you -sell scenario,
unending construction and against destruction of the large, mature trees. They invested heavily in
their home. They put on an addition and overlook those mature trees. There are some beautiful
sugar maples that will not be replaced. There isn't enough screening and they will look at the
building, not foliage.
Carole Bland, 506 Cambridge Circle, questioned the plan. Elm Street is for single family homes.
Streets are defined by the homes on the street. There is no reason to put an R-5 development in
the middle of it. It seems wrong.
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September 4, 2018
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Laurie Gunther, 638 Caroline Court, questioned the conclusions of the Plan Commission, which
highlighted the plan is too dense and does not meet their requirements. There are too many
exceptions and no justification for the exceptions. She is troubled by the proponent's statements
comparing the setbacks of R-3 properties with the proposed R-5 PUD as that is not the standard
for R-5 PUDs. She has doubts the storm water management proposal will work. It will require
maintenance. Ms. Gunther stated the neighbors are concerned about the density of the
development and the proximity to their yards. The developers misrepresented the standards as
diminishing value is injurious to the residents.
Jim Couto, 849 Brookside Lane, asked their realtor 23 years ago about what could happen to the
neighboring property. The realtor, at that time, said that it is zoned R-3 and it would not become
a large development. The Plan Commission turned down the proposal. The north and south
setbacks are 30 percent closer than they should be and the homes are 7,000 square feet larger.
He is concerned about the property values of the neighboring properties.
Amy Sanders, 512 Cambridge Circle, noted the developer says the proposed homes are single-
family homes, but people would not be here if that were the case. This is a proposal to change
R-3 single family homes to an R-5 PUD. The developer is asking for rezoning to higher density
houses with variances.
Casey Sanders, 512 Cambridge Circle, agrees with what everyone has said. The most important
thing to understand is that when one comes to a neighborhood, they get to love the
neighborhood. He questioned whether the proposed homes would be part of the community like
his neighborhood has. It does not fit in his community.
Trustee Seiden noted the teardown task force was developed to create the best zoning possible
for the Village. If this was rezoned to R-5, each home would be 10 percent larger. The front
setbacks would be 23 percent different. He takes these things seriously. The developer talks
about the proposal being reasonable and appropriate, but the current residents did not believe
they had to worry about the zoning changing. This would be a for-profit development. Trustee
Seiden does not see a reason to grant the variations.
Trustee Shapiro noted the project has gone back and forth between the Board and Plan
Commission. He questions whether the standards have been met. The Plan Commission does
not feel the standards have been met.
Trustee Benton has listened to people. The zoning needs to meet the needs of the residents and
developers. The zoning and Comprehensive Plan has to shift when it makes sense. He does not
believe this development benefits the community. He believes it is too dense.
Trustee Oppenheim agrees with Trustee Benton. There is a potential for a change in Zoning for
a good development. Trustee Oppenheim is disturbed by the fact the development does not meet
the requirement for the unit size. At this point, she cannot see how this development fits on the
site appropriately.
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September 4, 2018
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Trustee Jester believes the surrounding area is multi -family and the traffic is substantial. He felt
the Plan Commission made a lot of sense; however, he believes the neighborhood appears to be
in decline. The Plan Commission did not approve the development. He will vote against this
development and will see what comes next. Trustee Oppenheim added the Village should wait
for the right development. Mayor Rosenthal believes the Village needs to preserve Zoning
where necessary. She does not believe the applicant has met the criteria for Zoning and the PUD
proposal is too dense.
Trustee Benton moved to approve the proposal. Trustee Struthers seconded the motion. The
motion did not pass by the following vote:
AYES: None (0)
NAYS: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
REPORT AND RECOMMENDATION Mr. Street reported the Plan Commission held a
OF THE PLAN COMMISSION RE: Public Hearing on May 24, 2018, to consider the
REQUEST FOR APPROVAL OF A request for approval of a preliminary development
PRELIMINARY DEVELOPMENT PLAN plan for a residential Planned Unit Development, an
FOR A RESIDENTIAL PLANNED amendment to the Deerbrook Shopping Center
UNIT DEVELOPMENT; AMENDMENT Commercial Planned Unit Development to
TO THE DEERBROOK SHOPPING redevelop the rear 10.79 acres of the Deerbrook
CENTER COMMERCIAL PLANNED Shopping Center to allow a transit oriented
UNIT DEVELOPMENT TO commercial district to allow a multi -family rental
REDEVELOP THE REAR 10.79 ACRES development as a Special Use in the C-2 District
OF DEERBROOK SHOPPING CENTER and an Amendment to the Comprehensive Plan.
TO ALLOW A TRANSIT ORIENTED The Appearance Review Commission voted 5-1 in
COMMERCIAL DISTRICT TO ALLOW favor of the request. The Plan Commission held a
A MULTI -FAMILY RENTAL preliminary review on July 23, 2018 and the
DEVELOPMENT AS A SPECIAL USE petition was well received.
IN THE C-2 DISTRICT; AND AN
AMENDMENT TO THE Warren James, Principal with REVA Development
COMPREHENSIVE PLAN (GATEWAY Partners, reported they propose 246 units on the
FAIRVIEW, INC AND REVA 10.9 acre site. There will be a five -story structure
DEVELOPMENT PARTNERS with 186 units as well as 60 townhomes.
Mike Fitzgerald, Principal with OKW Architects, stated the site is located behind Deerbrook
Shopping Center. There are two vehicular access drives, including the main access on Waukegan
Road that aligns with Chestnut Court. They are proposing a development that is linked both for
pedestrians and vehicular circulation throughout the development. There will be two types of
residential buildings including nine groupings of townhomes and the five -story apartment
building. The apartment building has three wings and a four -level parking deck to create a
buffer from the Edens spur. The apartments look into greenspaces. The perimeter of the site has
three-story townhomes that are inward focused. The apartment building has studio, one- and
two-bedroom units. The parking deck acts as a buffer both visually and for sound. The
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September 4, 2018
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townhomes have a level of privacy; most have six units. There are pitched roofs to screen views
of the rear of the retail buildings from the apartments.
Scott Ferris with Lakota Group discussed the proposed landscaping. They are working under
constraints due to the location. The concept is to have the units look into green space. They
propose a mix of shade trees, evergreens, ornamental trees and perennial beds.
Matt Nix, Principal with REVA Development Partners, discussed the market and unit mix. The
project shows the increase in rental properties that are more flexible. They developed a mix
including 25 convertible units, 89 one -bedroom units, 26 one -bedroom + den, 46 two-bedroom
units, 18 two-bedroom + den townhomes, and 43 three-bedroom + den townhomes. The rents
range from $1450 to $3400.
The amenities include fire pits, a game room, a work-out room, a theater environment, an
outdoor pool and collaborative working space. The combination of the landscaping and units
create an attractive offering. Mr. Nix discussed the benefits of the development.
Trustee Benton noted much of the financial benefit would go to Northbrook because the
development is in Cook County. He questioned the split. Trustee Jester noted the main issue is
affordable housing. The Comprehensive Plan states there is not a lot of developable land. The
Village should look for areas to develop affordable housing. He believes this is an opportunity
for 15 percent, or 28 units, to be affordable housing. Trustee Benton believes this is an issue that
must be directly addressed. He likes the location, amenities and the use of the property but it is
not going to be pedestrian friendly. He sees a lot of people driving.
Trustee Struthers would like the affordable housing to be affordable for people that work in
Deerbrook. She questioned whether this will be pedestrian friendly. Mr. James noted there are
three points of entry. They allowed a provision for a gate at the back of the parking garage.
Trustee Oppenheim questioned whether there are security concerns. Mr. James noted they will
have electronic access as well as security cameras.
Mayor Rosenthal would like a follow-up on affordable housing. She would like a specific
number of units designated as workforce housing.
Trustee Shapiro is concerned about the pedestrian connectivity. He believes there is a good
opportunity for walkability, but getting there is important. Mr. James noted this is a chance for
the shopping centers to embrace the opportunity for change as well. Trustee Shapiro noted some
of the roadways are currently operating at poor service levels. He questioned if the proposal
would make it worse. Mr. Javier noted they are working on some improvements including dual
left turn lanes, guiding traffic and organizing the traffic pattern.
Mayor Rosenthal asked the petitioner to come back with some ideas for workforce housing, a
new street name and additional information on the pedestrian connection.
Board of Trustees Meeting
September 4, 2018
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Trustee Oppenheim moved to accept the report and recommendation regarding approval of the
preliminary residential redevelopment PUD at Deerbrook Shopping Center with the three
concerns addressed by Mayor Rosenthal. Trustee Benton 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- AUTHORIZING An Ordinance authorizing roof signage for
ROOF SIGNAGE FOR ALIGNED Aligned Modern Health located at 710 Deerfield
MODERN HEALTH, 710 DEERFIELD Road. Second Reading.
ROAD — 2R
Trustee Oppenheim moved to adopt the Ordinance.
Trustee Struthers seconded the motion. Trustee Jester noted this is the second roof sign that is
contrary to an Ordinance. There has been substantial negative energy expended and he does not
want another roof sign in the Village. Trustee Jester thinks the sign detracts from the building's
appearance. The motion passed by the following vote:
AYES: Benton, Oppenheim, Seiden, Shapiro, Struthers (5)
NAYS: Jester (1)
ORDINANCE 0-18- AUTHORIZING An Ordinance authorizing a Special Use to the
A SPECIAL USE TO THE DEERFIELD Deerfield Park Plaza Shopping Center Planned
PARK PLAZA SHOPPING CENTER Unit Development located at 475 Lake Cook Road
PLANNED UNIT DEVELOPMENT AT to allow a Goddard System School. Second
475 LAKE COOK ROAD (GODDARD Reading.
SYSTEM, DEEFIELD PARK PLAZA)
Trustee Struthers moved to adopt 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)
NEW BUSINESS
AWARD OF CONTRACT FOR Mr. Phillips reported this is for rehabilitation just
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September 4, 2018
Page 10 of 11
REHABILITATION OF THE west of the pedestrian underpass on Deerfield Road.
DEERFIELD ROAD PEDESTRIAN He noted the overpass was built in 2004 and some
OVERPASS BRIDGE rehabilitation has been completed.
Proposals were received from three companies for sandblasting the under portion of the bridge,
priming and painting and replacing rotted wood. The structure will be repainted to match the
originally approved color. The lowest proposal came from Schiaretta Enterprises in the amount
of $66,898.
Trustee Jester moved to award the contract for rehabilitation of the Deerfield Road pedestrian
overpass bridge to Schiaretta Enterprises in the amount of $66,898. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
DISCUSSION
ORACLE INNOVATION LAB Mr. Street and Mayor Rosenthal went to Oracle and
saw their innovation lab at their Lake Cook Road
office site. It was an incredible experience. Their only other innovation lab is in San Francisco.
RIBBON CUTTING
in Deerfield Square.
NORTHWEST QUADRANT
starting to make progress.
Mayor Rosenthal, Mr. Street and Trustee Benton
attended the ribbon cutting for My Health Dentistry
Mayor Rosenthal and Mr. Street met with the
Northwest Quadrant Stakeholders Group. They are
DEDICATION Last Thursday, the LEED-certified Public Works
building was named for former Director of Public
Works and Engineering Barbara Little. Ms. Little was thrilled to be honored by the Village.
ADJOURNMENT There being no further business or discussion,
Trustee Oppenheim moved to adjourn the meeting.
Trustee Jester seconded the motion. The motion passed unanimously. The meeting was
adjourned at 10:22 p.m.
The next regular Board of Trustees meeting will take place on Monday September 17, 2018 at
7:30 p.m.
APPROVED:
Board of Trustees Meeting
September 4, 2018
Page ll of 11
Mayor
ATTEST:
illage Clerk