07/06/2020July 6, 2020
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Harriet Rosenthal remotely on July 6, 2020, 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 virtual quorum was present and in attendance. Also present via teleconference were
Kent Street, Village Manager, at Village Hall, and Benjamin Schuster, Village Attorney.
PLEDGE OF ALLEGIANCE
VEC APPOINTMENTS
following appointments:
Village Attorney Schuster lead those in attendance
in reciting the Pledge of Allegiance.
Mayor Rosenthal reported the Volunteer
Engagement Commission recommended the
Karrah Krakovyak and Debra Tometz to the Sustainability Commission
to Lauren Rothenberg to a voting member of Police Commission
Trustee Jester moved to accept the VEC appointments. Trustee Benton seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
DOCUMENT APPROVAL Trustee Struthers moved to accept the minutes from
the June 15, 2020, Board of Trustees meeting.
Trustee Shapiro seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
TREASURER'S REPORT
Finance Director Eric Burk presented highlights
from the Treasurer's Report for the month of May,
2020, representing 42 percent of the fiscal year. Sales tax net of rebate decreased from the same
period of the prior two years, due primarily to economic incentive activity, which was offset by
decreased economic incentive payments. Water and sewer billing represent lower usage months.
Building permit revenue includes primarily small residential projects and one larger interior
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July 6, 2020
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project. State Income tax decreased from the prior year. Normally there would a be a large
increase in May. However, the income tax due date extension appears to be causing a delay in
receipts. The Village received its first $206,000 payment from Rebuild Illinois Bonds. Notable
expenditures include general liability insurance, transfer of debt service payments to the paying
agent as well as engineering and construction costs for infrastructure projects.
Mayor Rosenthal asked whether the Village has seen the sales tax results from the pandemic.
Mr. Burk reported the Village should see those numbers next month. Trustee Struthers asked if
the Village is aware of any permanent store closings. Mr. Burk stated there is no way for the
Village to know that at this point. Trustee Oppenheim noted many smaller businesses do not
know themselves, yet. Mr. Burk noted Lake County is working on small business grants.
Joe Lightcap, Audit Partner with Baker Tilly (Village auditors), reported on the 2019
Comprehensive Annual Financial Report, noting it is more comprehensive than what is required.
They issued a clean, unmodified opinion on the report, which is the highest rating. Mr. Lightcap
noted the management document has a lot of useful information that is easier to understand. He
provided high level summaries of the various accounts.
Mr. Lightcap discussed the insights report, which is a reorganized letter that addresses their
responsibilities, management responsibilities, thoughts on significant risks, key areas of
emphasis and accounting standard changes. There are no comments or challenges that need to be
reported to the Board.
Trustee Seiden asked if there is anything that the Village should be concerned with. Mr.
Lightcap does not believe there is anything to be concerned about. He noted there is one
significant risk to municipalities involving management control on how to circumvent
procedures, which is a standard risk. Mr. Burk thanked Village Accountant Rich Jett for his
assistance.
BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and
Payroll dated July 6, 2020. Trustee Seiden
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
PUBLIC COMMENT Mayor Rosenthal stated the emails received before
the meeting would be read during the first
Public Comment. If any emails are received during the meeting, they would be read during the
second Public Comment. If someone wants to make a comment via Zoom, they need to raise
their hand or press * 9.
Mr. Street read the Public Comment emails received prior to the meeting.
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July 6, 2020
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Chris Goodsnyder asked about Deerfield's appeal for the Assault Weapons Ban. Mr. Street
noted the Village is awaiting the Appellate Court's decision.
Mr. Goodsnyder's email also asked if any arrests have been made from the armed carjacking
near Pfingsten Road. Mr. Street reported the vehicle has been recovered but no arrests have been
made.
REPORTS
REPORT FROM STAFF RE: COVID-19 Assistant Manager Andrew Lichterman presented
AND VILLAGE OPERATIONS highlights from the staff report dated July 6, 2020.
There are 147,251 confirmed cases of COVID-19 and 7,020 deaths in the state; 9,954 cases and
423 deaths are confirmed in Lake County with more than 110 cases confirmed in the Village.
Most recently, in Lake County, 37 new cases were confirmed on July 2. The greatest number of
confirmed cases on a single day was 296 cases on May 6.
On June 26, 2020, the entire State entered into Phase 4 of the Restore Illinois plan. In Phase 4,
gatherings of 50 people or less are permitted. Restaurants and bars are allowed to open, travel
resumes and childcare and schools may reopen. The Department of Commerce and Economic
Opportunity (DCEO) issued robust guidelines for a number of different industry types.
Applicable to all industries is the guidance that all employees who can work from homes should
continue to do so, and that people should continue to wear a face covering that covers their nose
and mouth, maintain social distance of 6-feet, and frequently wash hands. Restaurants may now
permit indoor dining and drinking for parties of up to 10 people. Seated restaurant areas should
be arranged so that tables allow for 6-feet between parties. Standing areas in restaurants and bars
should be limited to no more than 25% of standing area capacity. Retail and office spaces should
continue to limit capacity to no more than 50% occupancy. The Restore Illinois plan does not
anticipate moving to Phase 5 until a vaccine or highly effective treatment is widely available.
In addition to the Governor's Executive Order and State guidelines, Mayor Rosenthal's
Supplemental Order to the Declaration of Emergency remains in effect and requires all persons
over the age of two to wear appropriate face coverings while engaging in the following activities:
1. Working in or patronizing retail stores
2. Working in or visiting an indoor construction site
3. Performing landscape services, when social distancing cannot be maintained
4. Riding in public transportation
5. When in indoor common areas of multi -unit residential or commercial buildings
6. When in outdoor common areas of multi -unit residential or commercial buildings, when social
distancing cannot be maintained. A business owner or operator must refuse admission or service
to any individual who fails to wear a face covering as required by the Mayor's Supplemental
Order.
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July 6, 2020
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Village facilities opened to the public today, with the exception of the Water Reclamation
Facility. All open facilities have occupancy limits posted to ensure social distancing can be
maintained. Floor decals noting a 6-foot social distance have been installed on the lobby floors
and sneeze guards have been installed at customer service counters. Signage is in place
throughout Village facilities to guide the behavior of Village visitors and employees. Many
employees will continue to work remotely and the public is encouraged to utilize remote services
as much as possible. Staff will continue to monitor the new work environment over the coming
weeks and adjust, as necessary. In response to the pandemic the Village's vehicle sticker sales
have been extended through July, with no late fees. Stickers are $30 per passenger vehicle and
can be purchased online or in -person.
CONSIDERATION AND ACTION ON The Board of Zoning Appeals held a Public Hearing
THE REPORT AND via Zoom on June 2, 2020, to consider a request
RECOMMENDATION OF THE BOARD from Ross and Linsey Friedman, 1095 Somerset,
OF ZONING APPEALS RE: REQUEST for relief from the Zoning Ordinance to remove an
FOR RELIEF FROM THE DEERFIELD existing 15' x 26' deteriorating, non -conforming
ZONING ORDINANCE TO REPLACE deck and replace it with a 15' x 75' deck that would
A DECK AT 1195 SOMERSET be no closer to the property line than the original
deck. The deck would be 4 feet from the south
interior property line in lieu of the required minimum 8 feet specified in the Zoning Ordinance.
The Board of Zoning Appeals voted 7-0 in favor of the request, based on the unique
configuration of the corner lot.
Trustee Oppenheim asked if there has been a response from the neighbor at 1046 Hillside. Mr.
Friedman believes they are okay with it.
Trustee Benton moved to approve the recommendation of the BZA regarding the request for
relief from the Deerfield Zoning Ordinance to replace a deck at 1195 Somerset. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
CONSIDERATION AND ACTION ON
Mayor Rosenthal indicated the petitioners have
THE REPORT AND
requested this item be tabled to the July 20, 2020
RECOMMENDATION OF THE PLAN
Board of Trustees meeting.
COMMISSION ON THE REQUEST FOR
A SPECIAL USE TO PERMIT THE
Trustee Struthers would like to see their traffic
ESTABLISHMENT OF A DRIVE-THRU
engineers show the traffic pattern with both drive -
FOR A WALGREENS PHARMACY
thrus in action. Mr. Street noted the basic traffic
STORE AT 95 S. WAUKEGAN ROAD
study took place before Covid-19. Trustee Seiden
(CHICK-FIL-A, INC. AND WALGREENS
indicated the original proposal had a drive-thru
CO.) _ _ _
bank, not a drive-thru pharmacy. He would like to
be convinced there will not be not too much traffic.
Trustee Shapiro noted in the past, the Trustees
indicated two drive-thrus would be a challenge.
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July 6, 2020
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Trustee Shapiro moved to table this item to the July 20, 2020 Board of Trustees meeting.
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.
There was no Old Business.
OLD BUSINESS
NEW BUSINESS
ORDINANCE AMENDING CHAPTER 15 Mr. Lichterman reported the intent of this
MORALS AND CONDUCT, OF THE Ordinance is to reaffirm the Village's current
MUNICIPAL CODE TO REGULATE practice of prohibiting professional landscapers
NOISE GENERATED BY POWERED from operating on Sundays and holidays. The
LANDSCAPING EQUIPMENT —1R Ordinance would supplement the Village's existing
noise and construction hour limitations but now
includes an explicit reference to professional landscape services. This ordinance applies to
professional landscape services only and does not limit the ability for homeowners to conduct
landscape services, gas powered or otherwise, on their own property. This will stand as a First
Reading.
RESOLUTION R-20-18 EXTENDING Mr. Lichterman reported the previous Resolution
VILLAGE PERSONNEL DIRECTION on this matter had an expiration upon the conclusion
TO PROVIDE ADDITIONAL
of Phase 3 of the Restore Illinois Plan. Staff
FLEXIBILITY TO FOOD AND
recommends allowing restaurants the flexibility to
BEVERAGE SERVICE
conduct temporary outdoor food and beverage
ESTABLISHMENTS TO FACILITATE
service, at least during the early stages of Phase 4.
OUTDOOR SERVICE DURING THE
Staff recommends the previous directive be
COVID-19 EMERGENCY
extended for an additional 120 days to allow
restaurants to continue outdoor service for the
remainder of the summer.
Trustee Struthers thought some indoor service was allowed. Mr. Lichterman confirmed some
indoor service is allowed in Phase 4. The Village would like to give people more options and
allow them not to dine indoors. Mayor Rosenthal noted the original Resolution allowed
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July 6, 2020
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restaurants to get outdoor seating without going through the Special Use process. Trustee
Oppenheim believes this is a good thing for both restaurants and patrons.
Trustee Seiden moved to adopt the Resolution. Trustee Jester seconded the motion. The motion
passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO AWARD Director of Public Works and Engineering Bob
CONTRACT FOR KENTON ROAD TO Phillips reported Kenton Road was originally
BE INCLUDED IN THE 2020 ROAD targeted for reconstruction during the 2020-2021
REHABILITATION PROJECT construction seasons. After receiving higher bids
than expected for the street rehabilitation project,
the project was deferred to 2021 to bring the total project cost in line with the budget proposal
for this year. The 2020 Street Rehabilitation project includes the necessary work items for the
reconstruction/rehabilitation of Kenton Road. Mr. Phillips noted that a lot of 2020 construction
projects have been pushed back to 2021, so he expects the prices in 2021 to be higher. Staff
recommends awarding the contract for Kenton Road to be included in the 2020 Street
Rehabilitation Project to A -Lamp Concrete Contractors (low bidder) in an amount not to exceed
$1,300,000. Mr. Street believes this is a good opportunity and supports the recommendation.
Mayor Rosenthal asked how the Village would pay for it. Mr. Phillips noted this would reduce
the 2021 capital funds by this amount. Mr. Burk stated moving it from one year to the next
would not affect the ability to pay for it; rather, it would just affect the timing. Trustee
Oppenheim asked about the legal ramifications of moving forward with the current contractor.
Mr. Schuster stated the Village can choose not to go out for a new bid. The pricing is already
locked in through bidding and this would just be added on.
Trustee Struthers moved to award the contract for Kenton Road to be included in the 2020 Road
Rehabilitation Project to A Lamp Concrete Contractors in an amount not to exceed $1,300,000.
Trustee Seiden seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
CONSIDERATION OF THE EXTENSION Mr. Schuster reported the Declaration of
OF MAYOR ROSENTHAL' S MARCH 16, Emergency expires at the end of tonight's meeting.
2020, DECLARATION OF EMERGENCY He recommends extending the Declaration until the
adjournment of the next regular Board of Trustees
meeting on July 20, 2020.
Trustee Benton moved to extend Mayor Rosenthal's Declaration of Emergency until the end of
the next regular Board of Trustees meeting on July 20, 2020. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
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July 6, 2020
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AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
DISCUSSION
FIREWORKS Trustee Struthers reported the use of fireworks was
more extensive than she had ever seen. People
without pets do not know how badly pets are affected by illegal fireworks. She believes
something needs to be done and asked the Board to consider some way to get people to curtail
their personal fireworks. Chief Sliozis indicated this is not exclusive to Deerfield. Mr. Street
suggested it may be something for the Northwest Municipal Conference to consider. Mayor
Rosenthal believes the Village should start earlier with the messaging on the effect on humans,
people on the autism spectrum or PTSD and pets. Chief Sliozis noted the Department had 40-50
fireworks calls. In previous years, there were 4 or 5 complaints. The number of violators greatly
outweighed the number of people that called in and complained. They send out messages about
fireworks every year, but this year was extraordinary area -wide. Trustee Oppenheim asked if
were penalties assessed to anyone. Chief Sliozis stated the fireworks are generally coming from a
back yard making it difficult to track and the Department is getting calls after the fact. It takes a
neighbor willing to make a complaint and testify in court.
Trustee Benton suggested it maybe mitigating circumstances as the Village did not have a
fireworks display. This was substitute. He watched a graphic demonstration on what sparklers
can do to kids.
Mr. Street will get together with Chief Sliozis and the fire chief and make a recommendation.
Trustee Struthers recommended starting publicity in May next year. Trustee Jester believes
having 10 times the complaints could be due to not having the public display. Trustee
Oppenheim noted this is a key time to educate.
COVID-19 Mayor Rosenthal reiterated that Deerfield has done
a good job keeping the curve flat. It is not the time
to stop as we see what is happening around us. She urged residents to wear masks, social
distance and wash their hands. Be smart and safe. Just because you can do something does not
mean you should. Encourage people not wearing masks to wear them.
PUBLIC COMMENTS Mr. Street indicated there were no additional public
comments received during the meeting.
ADJOURNMENT
Trustee Seiden seconded the motion.
meeting was adjourned at 8:42 p.m.
There being no further business or discussion,
Trustee Shapiro moved to adjourn the meeting.
The motion passed unanimously on a voice vote. The
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July 6, 2020
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The next regular Board of Trustees meeting is scheduled to take place on Monday, July 20, 2020,
at 7:30 p.m.
APPROVED:
of Mayor
ATTEST:
'Village Clerk