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05/07/2018May 7, 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 May 7, 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 attendance. Also present were Village Manager Kent Street and Village Attorney Steven Elrod with Holland & Knight. NEW COUNSEL Mayor Rosenthal introduced the new Village Attorney, Steven Elrod. PLEDGE OF ALLEGIANCE Members from the Rochelle Zell Jewish High School Model UN Team led those in attendance in reciting the Pledge of Allegiance. Mayor Rosenthal noted this is their fourth consecutive win for the National High School Model UN Conference. The students spend most of the year preparing and training for the competition. They are the only Jewish school in the competition and were thrilled to represent Deerfield. They thanked the two faculty advisors, Mr. Griffith and Mrs. Kramer, as well as the Village, for their support. The students introduced themselves and spoke about their topics. PROCLAMATION Mayor Rosenthal read a Proclamation in support of Breathe Deep North Shore and the Breathe Deep Deerfield Day that took place on May 5, 2018 to raise awareness of lung cancer. Trustee Shapiro moved to accept the Proclamation. Trustee Oppenheim seconded the motion. The motion passed unanimously on a voice vote. PROCLAMATION Mayor Rosenthal proclaimed May 20, 2018 as Deerfield Area Historical Society Day in the Village of Deerfield and invited everyone to show their support at the 50t' Anniversary Jubilee celebration on May 20, 2018. Trustee Oppenheim moved to accept the Proclamation. Trustee Jester seconded the motion. The motion passed unanimously on a voice vote. PROCLAMATION Mayor Rosenthal proclaimed the week of May 20 — Board of Trustees Meeting May 7, 2018 Page 2 of 7 May 26, 2018 as National Public Works Week in the Village of Deerfield. Trustee Shapiro moved to accept the Proclamation. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. Director of Public Works and Engineering Barbara Little thanked the Village Board. Public Works professionals make a vital impact of people every day and contribute to the quality of life. VOLUNTEER ENGAGEMENT Mayor Rosenthal reported the Volunteer COMMISSION APPOINTMENTS Engagement Commission recommends the following appointments and reappointments: Appearance Review Commission — Elizabeth Low Board of Zoning Appeals — Karen Bezman Community Relations Commission — Bill Lundquist Family Days Commission — Phil Bettiker, Barry Gray, Michael Buttera Sustainability Commission — Gloria Threats, Richard Heller, Daniel Dorfman Village Center Commission — Jannes Zobus (Chair), Joan Reed, Janice Shaw, Kenneth Stolman Fine Arts Commission — Kip Strasma Trustee Seiden moved to accept the Volunteer Engagement Commission appointments. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote. SPECIAL COUNSEL Mr. Elrod reported he secured two firms to assist him with the lawsuits against the Village on a pro bono basis. They will work with Mr. Elrod to ensure a successful outcome to the litigation on the Assault Weapons Ordinance. The Brady Center to Prevent Gun Violence and the Law Firm of Perkins Coie will assist Mr. Elrod. Trustee Oppenheim moved to appoint The Brady Center to Prevent Gun Violence and the Law Firm of Perkins Coie as special counsel on a pro bono basis to assist in the representation of the Village in the two Lake County Circuit Court lawsuits filed against the Village's Assault Weapons Ordinance and authorize the Mayor to sign the engagement letters with each firm Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) Mayor Rosenthal expressed the Village's appreciation to Mr. Elrod, The Brady center and Perkins Coie for their most welcomed assistance. POLICE DEPARTMENT REPORT Chief Sliozis presented highlights from the 2017 Police Department Annual Report. Chief Sliozis reported that the Police Department received its fifth accreditation in July. He believes the Board of Trustees Meeting May 7, 2018 Page 3 of 7 accreditation speaks volumes that the Department welcomes outside agencies to come in and look at how the Department goes about its daily business. He reported the Department became part of The Way Out substance abuse assistance and rehabilitation program operating in Lake County. The Department replaced the majority of their marked police vehicles. The life expectancy is four years. The Department replaced the dispatch monitoring system. They purchased 12 Tasers to provide officers another option for use of force and provided training. The Department received more than 21,000 calls for service, which is consistent with the past five years. There has been a dip in cell phone violations, so the Department will have a more focused effort. He noted that half of car accidents are a result of a rear end crash. Index crimes were 135 in 2017, which reflects a slight increase over last year. MINUTES OF PREVIOUS MEETING Trustee Oppenheim moved to approve the minutes from the April 16, 2018, Board of Trustee meeting. Trustee Struthers seconded the motion. The motion passed on a voice vote with Trustee Jester abstaining. BILLS AND PAYROLL Trustee Shapiro moved to approve the Bills and Payroll dated April 16, 2018. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) TREASURER'S REPORT Mr. Street presented highlights from the March Treasurer's Report in the absence of Mr. Burk. He noted sales tax revenues are up. PUBLIC COMMENT Susan Munic was unaware of the mental illness services available from the Police Department was available. She thinks it is a great service. Mariah Digrino, attorney with DLA Piper, requested the Board reconsider their April 16, 2018 decision on the 1717 Deerfield Road building as the building will be 80 percent vacant in August. Tenants move on when they do not have enough parking. Mr. Elrod reported the Village has a unique process that allows for matters to be reconsidered. A motion to reconsider can only occur at the meeting where the initial ruling took place or at the next meeting. The motion must be made by a Trustee on the prevailing side or a Trustee that was absent. The Open Meetings Act, however, does not allow the Board to take action on something that is not listed on the agenda. If a Trustee makes the motion and it is seconded, the motion would need to be tabled until the next Board of Trustees meeting. If it passes at the next meeting, it would be discussed at the June 4, 2018, Board of Trustees meeting. Trustee Jester moved to reconsider the decision. Trustee Shapiro seconded the motion. Trustee Oppenheim Board of Trustees Meetine May 7, 2018 Page 4 of 7 moved to table the motion. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORTS REPORT AND RECOMMENDATION Management Analyst David Fitzgerald reported OF STAFF RE: REQUEST FOR A the owners of Taco Vida are requesting a full CLASS E LIQUOR LICENSE FOR TACO service, Class E liquor license. They are not VIDA LOCATED AT 469 LAKE COOK planning to have outdoor seating at this time. He ROAD (FORMER COOKER'S SPACE) noted they have passed all background checks and Police Department has no objections. Trustee Seiden moved to accept the report and recommendation of staff. Trustee Shapiro seconded the motion. Freddie Sanchez and Susan Munic, owners of Taco Vida and Deerfield residents, have been in the restaurant business for 30 years. They want to bring a traditional taqueria to the Village. Ms. Munic explained they are aware of the required certifications and all their employees will be BASSET certified. She noted they will be donating a portion of their sales to the Leukemia Foundation. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) REPORT OF STAFF RE: ISSUANCE OF Mr. Street reported the Village will use $6 GENERAL OBLIGATION BONDS, million of recurring revenue and $6 million in SERIES 2018, OF THE VILLAGE OF bonds for their capital improvement plan over the DEERFIELD, ILLINOIS next two years. Moody's assigned a Aaa rating on the new bonds as well as affirmed the Aaa rating on the Village's general obligation debt. Anthony Micelli with Speer Financial and Mr. Burk will be available at the next Board of Trustees meeting for questions. Trustee Oppenheim moved to accept the report and recommendation of staff regarding the issuance of General Obligation Bonds, Series 2018. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro (4) NAYS: None (0) ABSTAIN: Seiden, Struthers (2) Board of Trustees Meeting May 7, 2018 Page 5 of 7 CONSENT AGENDA ORDINANCE AUTHORIZING AN AMENDMENT TO A SPECIAL USE TO ALLOW RENOVATIONS TO TENNAQUA SWIM AND RACQUET CLUB -1R ORDINANCE AUTHORIZING AN AMENDMENT TO THE WALGREENS PLANNED UNIT DEVELOPMENT TO ALLOW CHANGES TO THE PARKING LOT, A NEW SKYWALK AND SIGNAGE AMENDMENTS, CHANGES TO THE PUD BOUNDARIES, APPROVAL OF A PRELIMINARY AND FINAL DEVELOPMENT PLAN AND AN AMENDMENT TO THE EXISTING An Ordinance authorizing an Amendment to a Special Use to allow renovations to the Tennaqua Swim and Racquet Club. First Reading. An Ordinance authorizing an Amendment to the Walgreens PUD to allow changes to the parking lot, a new skywalk and signage amendments, changes to the PUD boundaries, approval of a preliminary and final development plan and an Amendment to the existing Annexation Agreement. First Reading. ANNEXATION AGREEMENT — 1 R ORDINANCE AUTHORIZING THE An Ordinance authorizing the established front yard ESTABLISHED FRONT YARD setback variation at the property located at 695 SETBACK VARIATION AT 695 Brierhill Road. First Reading. BRIERHILL ROAD —1 R ORDINANCE AUTHORIZING THE An Ordinance authorizing the established front yard ESTABLISHED FRONT YARD setback variation for the property located at 636 SETBACK VARIATION AT 636 Brierhill Road. First Reading. BRIERHILL ROAD —1 R ORDINANCE AUTHORIZING AN AMENDMENT TO A MULTI -COUNTY MUNICIPALITY INTERGOVERNMENTAL AGREEMENT UNDER THE WATERSHED MANAGEMENT ORDINANCE —1R An Ordinance authorizing an Amendment to a Multi -County Municipality Intergovernmental Agreement under the Watershed Management Ordinance. First Reading. Mayor Rosenthal noted these would stand as First Readings of the Ordinances. OLD BUSINESS ORDINANCE 0-18-09 AMENDING Assistant Village Manager Andrew Lichterman Board of Trustees Meeting May 7, 2018 Page 6 of 7 CHAPTER 7 (BUSINESS) OF ARTICLE reported the Village continued their outreach to 14 (MASSAGE ESTABLISHMENTS) TO potential massage establishments and spoke with REGULATE MASSAGE eight on the phone. The Ordinance would take ESTABLISHMENTS — 2R effect on August 1, 2018, to allow the Village enough time to review the applications. Trustee Oppenheim asked about the conditions and restrictions of the license, as it reads that those under 18 cannot be patrons. Trustee Struthers believes someone under 18 with an injury could benefit from a massage. Trustee Shapiro asked for clarification, because someone under 18 can be a lawful patron. The Village could consider a minor with a parent. Trustee Oppenheim questioned whether a high school athlete should need a parent's permission. Mr. Lichterman questioned whether the age limit should be eliminated. Trustee Oppenheim suggested limiting the employees' ages, but not the patrons' ages. Mr. Lichterman and the Village Attorney will adjust the Ordinance accordingly. Trustee Struthers moved to approve Ordinance as amended by the Village Attorney on the floor. 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 AUTHORIZATION TO EXECUTE Chief Sliozis reported the Department is seeking MEMORANDUM OF approval of a Memorandum of Understanding UNDERSTANDING BETWEEN THE between the Village and Takeda Pharmaceuticals. VILLAGE OF DEERFIELD AND In May 2009, the Village entered into a similar TAKEDA PHARMACEUTICALS, INC. Memorandum of Understanding in the event of an ,t emergency. They recently approached the Department asking for minor changes to the agreement. Mayor Rosenthal and Chief Sliozis will reach out to Caterpillar as well. Trustee Struthers moved to authorize the execution of the Memorandum of Understanding between the Village and Takeda. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) DISCUSSION OPTIMIST DINNER Mayor Rosenthal attended the Optimist Club Board of Trustees Meeting May 7, 2018 Page 7 of 7 Dinner on May 1, 2018, honoring eight Deerfield High School students. They were all outstanding. DISCUSSION ON VIOLENCE RIBBON CUTTING HISTORICAL SOCIETY JUBILEE May 20, 2018. RIBBON SLICING HAPPY MOTHER'S DAY Mayor Rosenthal attended a discussion on violence prevention held at the First Presbyterian Church. Mayor Rosenthal attended a ribbon cutting at Audiology Associates. Mayor Rosenthal reminded residents about the Historical Society Jubilee, which will be held on City Barbecue will hold a `rib bone slicing' on May 21, 2018. On behalf of the Board and Village, Mayor Rosenthal wished everyone a Happy Mother's Day. 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 8:50 p.m. The next regular Board of Trustees meeting will take place on Monday May 21, 2018, at 7:30 p.m. APPROVED: ATTEST: Village Clerk " �, , , e.- �,. , " �,-, j Mayor