10/05/2020October 5, 2020
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Harriet Rosenthal remotely on October 5, 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 Ilana Forbes lead those in attendance in reciting the
Pledge of Allegiance.
PROCLAMATION Mayor Rosenthal proclaimed the month of October
as Domestic Violence Awareness Month in the
Village of Deerfield. She urged citizens to wear purple and work together to eliminate domestic
violence from the community.
Trustee Benton moved to accept the Proclamation. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Ms. Forbes is a staff attorney at North Suburban Legal Aid Clinic. She reported calls to the
Clinic are up by 44 percent during the pandemic. She urged the Village to raise awareness of
domestic violence.
DOCUMENT APPROVAL Trustee Oppenheim moved to accept the minutes
from the September 21, 2020, Board of Trustees
meeting. Trustee Struthers 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 August, 2020 Treasurer's Report,
representing two thirds of the year. Mr. Burk reported sales tax net of the rebate decreased from
the same period over the past two years primarily due to economic incentive activity and reduced
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October 5, 2020
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sales related to the COVID pandemic. Water and sewer billings increased. Hotel tax includes
five current payments and two back payments. Food and beverage tax is in line with the previous
year. The Village received $225,000 in grant reimbursements related to the North Trails project.
Notable expenditures for the month include infrastructure project costs. Large expenditures still
to come include general fund transfers, debt service payments and the police pension
contribution. Mr. Burk noted on Friday, Moody's affirmed the Village's Aaa stable rating, which
is the best rating one can get.
BILLS AND PAYROLL Trustee Benton moved to approve the Bills and
Payroll dated September 21, 2020. Trustee
Oppenheim 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 one present on Zoom.
Mayor Rosenthal congratulated Deerfield Police Officer Kasey Kuhlers who was honored with
the Lifesaving Award by the Federal Railroad Administration for actions on July 9, 2020, that
prevented a potential train/vehicle collision. The police dispatch center received a call regarding
a vehicle stuck on the tracks. Officer Kublers activated his emergency lights and shined a
spotlight at the train engineer, who stopped the train prior to striking the vehicle.
R RPOR TS
There were no Reports.
ORDINANCE 0-20-19 AUTHORIZING An Ordinance authorizing a Text Amendment for
A TEXT AMENDMENT FOR aesthetician services and massage services as a
AESTHETICIAN SERVICES AND Special Use in the I-2 Limited Industrial District.
MASSAGE SERVICES AS A SPECIAL Second Reading.
USE IN THE I-2 INDUSTRIAL
INDUSTRIAL DISTRICT — 2R
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ORDINANCE 0-20-20 AUTHORIZING An Ordinance authorizing a Special Use for
A SPECIAL USE FOR AESTHETICIAN aesthetician and massage services in Suite S at 151
AND MASSAGE SERVICES IN SUITE S Pfingsten Road. Second Reading.
AT 151 S. PFINGSTEN ROAD — 2R
Trustee Seiden moved to accept the Consent Agenda and adopt 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)
OLD BUSINESS
ORDINANCE 0-20-21 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 NORTH SHORE 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 — 2R The petitioner requires approval from the
Appearance Review Commission but has submitted
a letter requesting a waiver of the rules and final approval of the Ordinance. In the letter, the
applicant said he would adhere with the ARC requirements. Dr. Walter Tatch submitted the
necessary materials to the ARC, which does not meet until October 26, 2020. Dr. Tatch is
requesting zoning approval, so he can proceed. The purchase of the building and loans are
dependent on the Zoning approval. Dr. Tatch was not present at the last ARC meeting, but the
ARC's requests, including swatches, have been addressed in his latest submittal.Trustee Seiden
would not want to waive the ARC's approval. Mr. Elrod suggested proceeding with the
Ordinance approval conditional on ARC approval.
Trustee Struthers suggested the petitioner proceed with the inside as the ARC is discussing the
outside of the building. Dr. Tatch noted they cannot purchase the building without the Zoning
approval. Trustee Seiden asked if Dr. Tatch would yield to the ARC's requirements. Dr. Tatch
agreed.
Trustee Jester moved to adopt the Ordinance authorizing a Class A Special Use to permit the
establishment of a medical office for Northshore Center for Oral and Facial Surgery at 700
Osterman Avenue in the C-1 Village Center District. Trustee Oppenheim seconded the motion.
Dr. Tatch noted they want their logo on the sign. The zoning requirements and zoning permits
are necessary. Trustee Shapiro suggested if the ARC does not approve the petitioner's sign, the
Ordinance would be void. Trustee Jester noted the ARC does not meet until the end of the
month and the petitioner needs unconditional approval of the Ordinance to proceed. Trustee
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October 5, 2020
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Seiden asked what would happen if the ARC does not approve the logo. The petitioner agreed to
appear before the ARC to gain approval. Trustee Oppenheim believes the petition indicated he
has every intention to meet the ARC's requirements. The Village has a written sign criterion that
is clearly laid out and Dr. Tatch said he has every intention of following the criteria. She
suggested the Trustees pass the Ordinance unconditionally.
Mayor Rosenthal believes the Trustees are comfortable that Dr. Tatch will go with the ARC
recommendations. The Trustees can approve the Ordinance unconditionally on Dr. Tatch's
promise to go along with the ARC requirements, so he is able to close on the building. Mayor
Rosenthal asked about the rights if Dr. Tatch changes his mind. Mr. Elrod noted if there is an
issue or Dr. Tatch does not go along with the ARC's recommendations, the Village cannot do
anything. If the Ordinance is approved unconditionally, the Village Board has acted and the
discretion has already occurred. Mr. Elrod noted there is nothing to prevent the closing if the
Ordinance is approved with the condition of receiving ARC approval. Mayor Rosenthal believes
approving the Ordinance unconditionally could put the Village in a compromising situation.
Trustee Oppenheim moved to accept the Consent Agenda and adopt the Ordinances. Trustee
Jester seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro (5)
NAYS: Shapiro (1)
ORDINANCE 0-20-22 AMENDING An Ordinance amending Title 1, Chapter 1, of the
TITLE 1, CHAPTER 1, OF THE Municipal Code to recover third -party costs and
MUNICIAPL CODE TO RECOVER fees.
THIRD -PARTY COSTS AND FEES — 2R
Trustee Seiden moved to adopt the Ordinance.
Trustee Benton seconded the motion. The motion
passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
NEW BUSINESS
ORDINANCE AUTHORIZING THE An Ordinance authorizing the issuance of General
ISSUANCE OF GENERAL OBLIGATION Obligation Refunding Bonds, Series 2020, of the
REFUNDING BONDS, SERIES 2020, OF Village of Deerfield. Mr. Burk reported the
THE VILLAGE OF DEERFIELD Village is able to refund the 2010A bonds resulting
in a total estimated savings of approximately
$750,000 over the next ten years. This will stand as a First Reading of the Ordinance.
AUTHORIZATION TO AWARD NPDES WRF Superintendent Brandon Janes reported the
PERMIT ASSISTANCE AGREEMENTS Water Reclamation Facility is regulated by a
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October 5, 2020
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National Pollution Discharge Elimination System
(NPDES) permit. The Village's current permit was effective in June of this year and included
additional monitoring/reporting requirements, and engineering studies. Some of the engineering
studies will require the assistance of a consulting engineer, including; Phosphorus Discharge
Optimization Plan, Phosphorus Removal Feasibility Report, Excess Flow Facilities Study, and
Capacity, Management, Operations and Maintenance (CMOM) Program Assessment.
The Department requested statements of qualifications and interviewed several firms. They
found Strand Associates to be most qualified for the project. Strand Associates specializes in all
facets of wastewater engineering and has maintained a strong working relationship, and intimate
knowledge, with respect to the Water Reclamation Facility operation and staff.
The project has been separated into three agreements to better delineate the tasks and project
goals. The first agreement will include the Phosphorus Discharge Optimization Plan and
Phosphorus Removal Feasibility Report and is estimated to cost $38,700. The second agreement
is for the Excess Flow Facilities Study and is estimated to cost $40,300. The third agreement
covers the CMOM plan and is estimated to cost $23,500. Expenditures with respect to this effort
have been proposed to be split over the 2020 and 2021 fiscal years, and are fully budgeted.
Trustee Struthers asked if the County and other municipalities are doing what they can to remove
phosphorus before it gets to Deerfield. Mr. Janes noted they all need to meet the same
requirements.
Trustee Oppenheim moved to award the NPDES permit assistant agreement to Strand
Associates, Inc. in the amount of $102,500. 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 PURCHASE ONE Assistant to the Director of Public Works Justin
SEWER JET TRUCK Keenan reported as part of the fiscal year 2021
Budget, the Public Works department proposed to
replace the combination sewer truck through the Vehicle Equipment Replacement Fund (VERF).
Due to the amount of time it takes to build custom vehicles and the manufacturing delays caused
by COVID-19, the department is requesting earlier approval to purchase the combination sewer
truck. The vehicle will be delivered after January 1, 2021, and will be paid for out of the 2021
budget.
The current VERF budget is $420,361. Staff received quotes from three vendors and
recommends the purchase of a Vac -Con sewer jet truck because it outperformed the other trucks
tested and is the only truck that uses two engines. Vac -Con has added generous warranties,
including; a lifetime debris tank and water tank warranty, two-year bumper to bumper warranty,
and a 10-year fan warranty.
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October 5, 2020
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Trustee Oppenheim moved to waive the competitive bidding process. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Trustee Oppenheim moved to authorize the purchase of a Vac -Con Sewer Jet Truck from Holden
Industries, Inc. in an amount not to exceed $419,500. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO PURCHASE ONE Similar to the sewer jet truck, the street sweeper
STREET SWEEPER would be replaced through the VERF. The
Department currently uses an Elgin Geovac pure
vacuum sweeper that was purchased in 2008. Pure vacuum street sweepers are top of the line
machines and pick up the most debris compared to less expensive mechanical broom and
regenerative air models. Only two companies build pure vacuum machines, Elgin Sweeper
Company and Schwarze Industries. Both sweeper quotes came in under the $333,864 budget.
Staff recommends the purchase of the Elgin Whirlwind pure vacuum street sweeper in the net
amount not to exceed $316,529.
Trustee Benton moved to waive the competitive bidding process. Trustee Struthers seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
Trustee Struthers moved to authorize the purchase of an Elgin Street Sweeper from Elgin
Sweeper Company in a net amount not to exceed $316,529. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO INCREASE THE Assistant Village Engineer Tyler Dickinson
PHASE H ENGINEERING SERVICES stated in early 2019, the Village awarded the
CONTRACT FOR ARBOR VITAE AND Phase II contract for preparation of design plans
APPLETREE ROAD PROJECT and specifications for the Arbor Vitae Road and
Appletree Lane Infrastructure Improvement Project
to Ciorba Group. The scope of the project includes full replacement of the existing water mains,
elimination of water main dead -ends where possible, installation of new water services and
ancillary items, and the rehabilitation of Arbor Vitae Road. Originally, this project was
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October 5, 2020
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scheduled for a 2020 construction season but was first pushed back to 2021 due to the
acceleration of the Deerfield Road project and then again to 2022 due to COVID-19.
Additional work, not originally planned for, has also arisen such as storm water improvements
based on the ongoing Stormwater Master Plan, evolving lead service line replacement
requirements, and unforeseen SMC/IEPA permit requirements. With the additional tasks and the
current two-year delay in the construction schedule, the original Ciorba Group contract of
$116,905 does not have sufficient funding to carry the project to the early 2022 project letting.
Staff is requesting authorization to increase the Phase II Engineering Services Contract with
Ciorba Group, Inc. in the amount of $46,500. This increase would bring the total contract value
to $164,405 which is under the original budget of $200,000.
Trustee Seiden moved to authorize the increase of the Phase II Engineering Services Contract
with Ciorba Group, Inc. in the amount of $46,500. Trustee Struthers seconded the motion. The
motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO AWARD THE Mr. Dickinson reported the Village's current street
CONTRACT FOR 2020 STREET LIGHT light system is aging and in need of repair. The
UPGRADES Department budgeted $50,000 for the upgrade
and/or repair of the current system. The scope of
work for the upgrades include new street light wires, new street light poles, and new street light
luminaires.
This year, the Department targeted the installation of 2,600 linear feet of street light wire, in
conduit, along Kenton Road, between Margate Terrace and Colwyn Terrace. The new conduit
would be installed by way of horizontal direction drilling, which is a trenchless technology and
will minimize roadway and parkway impacts.
As the Village does not have the capabilities to install the conduit in this fashion, three bids have
been solicited from area contractors to perform the work. Bies Underground Technologies was
the love bidder at $20,800. However, the department would like to utilize the full budgeted
amount of $50,000. Using the fully budgeted amount would allow the Village to capitalize on the
favorable bid price and improve other needed areas within the northeast quadrant.
Trustee Oppenheim asked why this vendor's bid came in so much lower. Mr. Dickinson reported
the Village will have them work on the initial scope and if they are responsive, will release the
additional work.
Trustee Benton asked if LED lamps would be installed. Mr. Dickinson noted this contract is for
the installation of the conduit. The replacement luminaires and poles will be done by the Village.
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October 5, 2020
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Trustee Oppenheim moved to award the contract for the 2020 street light upgrades to Bies
Underground Technologies in an amount not to exceed $50,000. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
RESOLUTION R-20-27 AUTHORIZING Mr. Burk reported Cook County has appropriated
AN INTERGOVERNMENTAL $51 million of the $429 million it received through
AGREEMENT WITH COOK COUNTY the Coronavirus Aid, Relief and Economic
REGARDING CARES ACT FUNDING (CARES) Act to local governments. The allocation
REIMBURSEMENT is based on factors such as the 2019 population,
immediate need and public health statistics.
Deerfield's s current maximum reimbursement is $1,768. Eligible expenditures include PPE,
legal services, technology and payroll related to COVID -19. Revenue loss is not eligible through
the CARES Act at this time. In order to be reimbursed for eligible expenditures related COVID-
19, the Village will need to enter into an Intergovernmental agreement with Cook County.
Trustee Struthers moved to adopt the Resolution authorizing an Intergovernmental Agreement
with Cook County regarding CARES Act funding reimbursement. 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 16,
2020 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 October 5, 2020, Board
of Trustees meeting unless the Village Board extends the duration of the Declaration.
Trustee Shapiro moved to extend the Mayor's March 16, 2020, Declaration of Emergency until
the end of the next regular meeting of the Village Board on October 19, 2020. Trustee Seiden
seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6)
NAYS: None (0)
RIBBON CUTTING
Road, in the former Panera location.
DISCUSSION
Trustee Struthers attended a ribbon cutting for
Jersey Mikes. They are located on Waukegan
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October 5, 2020
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Trustee Jester reported Saturday will be the last
Farmer's Market for the year. There are a lot of
good products left.
WEEKLY MEETINGS Mayor Rosenthal reminded the Trustees about the
weekly meetings with representatives of the sister
governments including School Districts 109 and 113, the Park Board, the Deerfield Public
Library, the Fire Protection District and West Deerfield Township. The meetings take place via
phone and have been very helpful. Mayor Rosenthal is also meeting regularly with Senator Julie
Morrison and Representative Bob Morgan.
COMMITTEE OF THE WHOLE Mr. Street reminded the Trustees about the next
Committee of the Whole that will take place
Tuesday October 13, 2020 from 1 to 4 pm. They will be following up with questions on the
budget, VERF and water meters. There will also be an executive session on personnel as well as
presentations from two consultants.
O1NT BOARD ROUNDTABLE
scheduled for October 22, 2020 via Zoom.
PUBLIC COMMENTS
Mr. Street is reaching out to the sister agencies
regarding a joint leadership roundtable tentatively
Mr. Street indicated there were no public comments
received during the meeting.
ADJOURNMENT There being no further business or discussion,
Trustee Seiden moved to adjourn the meeting.
Trustee Jester 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 8:50 p.m.
The next regular Board of Trustees meeting is scheduled to take place on Monday, October 19,
2020, at 7:30 p.m. ` APPROVED:
Mayor
ATTEST:
Village Clerk