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09/21/2020September 21, 2020 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal remotely on September 21, 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 Steven Elrod, Village Attorney. PLEDGE OF ALLEGIANCE IT Coordinator Matthew Weiss lead those in attendance in reciting the Pledge of Allegiance. CONGRATULATIONS Mayor Rosenthal congratulated Charles Hsu for winning the 2020 Illinois Poetry Out Loud Championship, a National Arts Education Program that helps students build self-confidence and public speaking skills. She noted his achievement would be displayed on a street sign at the entrances of the Village. Mr. Hsu has been part of this program for all four years at Deerfield High School. He had to recite various poems for the competition. Mr. Hsu is currently a freshman at NYU. CONGRATULATIONS Mayor Rosenthal congratulated the Shepard Middle School 2020 Destination Imagination Global Championship Team. Their achievement will be displayed on a street sign at the entries of the Village. Those in attendance watched a video discussing their presentation. Mike Jakymiw, co- sponsor, stated the due to Covid-19 the team initially was not as motivated, but took on a new, virtual challenge and persevered. They built off each other's strengths. Mr. Jakymiw noted the team is now in high school. RECOGNITION Mayor Rosenthal recognized Photography Intern Elizabeth (Betsy) Anderson. She reached out to the Village this summer about a volunteer internship. She updated the Village's photo catalog and provided nearly 1,000 images to use online and in print publications. Ms. Anderson noted it was a wonderful opportunity and great experience. Mayor Rosenthal thanked Betsy for her contribution to the Village. DOCUMENT APPROVAL Trustee Oppenheim moved to accept the minutes from the September 8, 2020, Board of Trustees meeting. Trustee Shapiro seconded the motion. The motion passed by the following vote: Board of Trustees Meeting September 21, 2020 Page 2 of 7 AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) BILLS AND PAYROLL Trustee Struthers moved to approve the Bills and Payroll dated September 21, 2020. Trustee Shapiro 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 explained 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 reported there were no Public Comment emails received prior to the meeting on non - agenda items and there was no one present at Village Hall for public comment. Management Analyst David Fitzgerald -Sullivan confirmed there was no public comment on Zoom. There were no Reports. REPORTS CONSENT AGENDA ORDINANCE 0-20-16 AUTHORIZING A An Ordinance authorizing a Text Amendment for TEXT AMENDMENT FOR AN ANIMAL an animal hospital as a Special Use in the C-1 HOSPITAL AS A SPECIAL USE IN Village Center Zoning District. THE C-1 VILLAGE CENTER ZONING DISTRICT — 1R ORDINANCE 0-20-17 AUTHORIZING A An Ordinance authorizing a Special Use for a SPECIAL USE FOR A PROPOSED proposed animal hospital to be located at 711 ANIMAL HOSPITAL TO BE LOCATED Waukegan Road. AT 711 WAUKEGAN ROAD — 1 R Mayor Rosenthal noted the petition has requested a waiver of the First Reading of the Ordinances. Trustee Struthers asked why the petitioner is asking for a waiver. Trustee Oppenheim noted they lost their current lease and need to move quickly. Board of Trustees Meeting September 21, 2020 Page 3 of 7 Trustee Oppenheim moved to waive the First Reading of the Ordinances. 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 A TEXT An Ordinance authorizing a Text Amendment for AMENDMENT FOR AESTHETICIAN aesthetician services and massage services as a SERVICES AND MASSAGE SERVICES Special Use in the I-2 Limited Industrial District. AS A SPECIAL USE IN THE I-2 First Reading. INDUSTRIAL DISTRICT —1R This will stand as the First Reading of the Ordinance. ORDINANCE AUTHORIZING A An Ordinance authorizing a Special Use for SPECIAL USE FOR AESTHETICIAN aesthetician and massage services in Suite S at 151 AND MASSAGE SERVICES IN SUITE S Pfingsten Road. First Reading. AT 151 S. PFINGSTEN ROAD — 1R This will stand as the First Reading of the Ordinance. RESOLUTION R-20-26 FOR A FINDING A Resolution for a Finding of Substantial OF SUBSTANTIAL CONFORMANCE Conformance to allow a dog run for Amli Deerfield TO ALLOW A DOG RUN FOR AMLI to be located at 1525 Lake Cool Road. DEERFIELD AT 1525 LAKE COOK ROAD Trustee Benton moved to accept the Consent Agenda and adopt the Ordinances and Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE 0-20-18 AUTHORIZING An Ordinance authorizing an Amendment to a AN AMENDMENT TO A SPECIAL USE Special Use for Carson's Restaurant located at FOR CARSON'S RESTAURANT AT 200 Waukegan Road for site and building 200 WAUKEGAN ROAD — 1R renovations. Mayor Rosenthal reported the petitioner has requested waiver of the First Reading of the Ordinance. She noted they will appear before the Appearance Review Commission to discuss lighting at their meeting tomorrow evening. Board of Trustees Meeting September 21, 2020 Page 4 of 7 Trustee Shapiro moved to waive the First Reading of the Ordinance with the condition that the ARC approves their lights. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) Trustee Benton moved for Second Reading and Adoption of an Ordinance authorizing an Amendment to a Special Use for Carson's Restaurant. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE AUTHORIZING A An Ordinance authorizing a Class A Special Use CLASS A SPECIAL USE TO PERMIT to permit the establishment of a medical office for THE ESTABLISHMENT OF A MEDICAL NorthShore Center for Oral and Facial Surgery to OFFICE FOR NORTHSHORE CENTER be located at 700 Osterman Avenue, in the C-1 FOR ORAL AND FACIAL SURGERY AT Village Center District. 700 OSTERMAN AVENUE IN THE C-1 VILLAGE CENTER DISTRICT — 1R Mayor Rosenthal indicated this would stand as the First Reading of the Ordinance. ORDINANCE AMENDING TITLE 1, An Ordinance amending Title 1, Chapter 1, of the CHAPTER 1, OF THE MUNICIPAL Municipal Code to recover third -parry costs and CODE TO RECOVER THIRD -PARTY fees. COSTS AND FEES Assistant Village Manager Andrew Lichterman reported the current Village Code, Zoning Ordinance and Subdivision Code do not provide for payment of third -party costs and fees by applicants that bring about the need for such costs and fees. Accordingly, the ultimate payment obligation currently falls on the Village. At the January 27, 2020, Committee of the Whole meeting, staff was directed to work with the Village Attorney to prepare an Ordinance that allows the Village to recover third -parry costs and fees from land use applicants. Third -party costs and fees include without limitation: attorneys, professional and technical consultants, court reporters, legal ads, printers, mailing services, the Lake and Cook County Recorders, and title companies. Land use petitions that are exempt from the cost recovery requirement include: petitions for land uses that relate solely to one- and two-family dwellings, and petitions for land uses filed by other public bodies, charitable or religious organizations, or other tax-exempt organizations. Trustee Oppenheim asked if both parties have to agree on the third -party costs. Mr. Lichterman noted they are revising the land use applications to make this known at the beginning of their petition. Mr. Elrod added this is not a mutual agreement, but rather the Village's determination Board of Trustees Meeting September 21, 2020 Page 5 of 7 of what services they believe will be needed. The applicant will get an estimate and will have to set up an escrow account in that amount. Trustee Struthers asked if the Village can recover excessive attorney fees for non-profit organizations. Mr. Elrod noted the Trustees can condition the approval. Mr. Street stated the Village can negotiate with developers. This will stand as a First Reading of the Ordinance. NEW BUSINESS APPROVAL AND COST Director of Public Works and Engineering Bob PARTICIPATION FOR Phillips reported that in March of 2000 the Village CONTRACTURAL WORK AT of Deerfield and the Deerfield Park District entered MITCHELL PARK into an Intergovernmental Agreement for the installation of a water pumping station at Mitchell Park. The pumping station includes two underground water storage tanks that hold approximately five million gallons of potable water. The tanks are below grade and as part of the agreement the Village installed tennis courts above the tanks, essentially on the covers of the tanks. In March of this year the Park District received bids for replacing the fencing and the basketball courts and the north tennis courts. The Park District Board accepted the low bid contract, with Merchants Metals, in the amount of $32,100. The Park District has facilitated the completion of fencing work and has paid the contractor in -full. The Village, however, is responsible for the costs. The Department has budgeted $25,000 in the 2020 fiscal year for expenses related to this endeavor. In accordance with the Intergovernmental Agreement the Park District is now seeking reimbursement. Trustee Jester moved to approve the cost participation for contractual work at Mitchell Park in the amount of $32,100. Trustee Oppenheim 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 On March 16, 2020, Mayor Rosenthal issued a OF MAYOR ROSENTHAL' S MARCH Declaration of Emergency for the Village of DECLARATION OF Deerfield related to the COVID-19 emergency. The EMERGENCY Declaration and the Mayor's Supplementary Orders will expire at the end of the September 21, 2020, Board of Trustees meeting unless the Village Board extends the duration of the Declaration. Mayor Rosenthal noted that there will be a Committee of the Whole meeting to discuss budget on September 29. Mayor Rosenthal read a statement determining that the meeting should be held virtually. Board of Trustees Meeting September 21, 2020 Page 6 of 7 k The Trustees did not have disagreement to holding the September 29 Committee of the Whole meeting virtually. Trustee Oppenheim moved to extend the Mayor's March 16, 2020, Declaration of Emergency until the end of the next regular, special or emergency meeting of the Village Board on October 5, 2020. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) T)TSC'T SSION WEST NII,E VIRUS Trustee Struthers reported mosquito season is almost over, but urged people to protect themselves by wearing long sleeves and long pants and spraying with mosquito repellant. She noted mosquitos caught at Deerspring Park have tested positive for West Nile Virus. Mayor Rosenthal suggested putting something on the Village website and in an e-blast. CONTINUED SPEEDY RECOVERY Trustee Shapiro wished Chief Sliozis a speedy recovery. COMMITTEE OF THE WHOLE Mr. Street reminded everyone of the September 29, 2020, Committee of the Whole meeting to discuss the budget. The meeting will begin at 1:00 p.m. via Zoom. Mr. Street will be present at Village Hall. PUBLIC COMMENTS Mr. Street indicated there were no public comments received during the meeting. Mr. Fitzgerald - Sullivan confirmed there was no public comment on Zoom. ADJOURNMENT There being no further business or discussion, Trustee Struthers moved to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) The meeting was adjourned at 8:13 p.m. The next regular Board of Trustees meeting is scheduled to take place on Monday, October 5, 2020, at 7:30 p.m. Board of Trustees Meeting September 21, 2020 Page 7 of 7 APPROVED: Mayor ATTEST: Village Cler