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.
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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.
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September 21, 2020
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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
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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.
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September 21, 2020
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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
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APPROVED:
Mayor
ATTEST:
Village Cler