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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 Board of Trustees Meeting October 5, 2020 Page 2 of 9 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 Board of Trustees Meeting October 5, 2020 Page 3 of 9 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 Board of Trustees Meeting October 5, 2020 Page 4 of 9 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 Board of Trustees Meeting October 5, 2020 Page 5 of 9 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. Board of Trustees Meeting October 5, 2020 Page 6 of 9 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 Board of Trustees Meeting October 5, 2020 Page 7 of 9 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. Board of Trustees Meeting October 5, 2020 Page 8 of 9 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 Board of Trustees Meeting October 5, 2020 Page 9 of 9 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