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12/07/2020December 7, 2020 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal remotely on December 7, 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 Mr. Elrod led those in attendance in reciting the Pledge of Allegiance. Mr. Elrod announced the Village has a victory in the assault weapon litigation. The Village amended an Ordinance in 2018 to regulate safe storage and banned assault weapons. The Village was sued, claiming the Village did not have the authority to adopt or amend the Ordinance. The trial judge in Lake County Circuit Court agreed with the plaintiffs and entered a permanent injunction preventing the Village from enforcing the Ordinance. The case was appealed to the Illinois Appellate Court. The Brady Center retained a national law firm who filed the case on a pro bono basis. The case was not a constitutional challenge; rather, it was exclusively about Home Rule authority. The Illinois Appellate Court agreed with the Village and ruled that the Deerfield properly exercised their authority. Therefore, the decision of the Lake County Circuit Court was overturned and vacated. There was a dissent filed by one of the three judges on the panel and the plaintiffs can further appeal the action to the Illinois Supreme Court. There are other aspects of the case that still need to be cleaned up. This was a strong victory at this stage of litigation. COMMUNITY DEVELOPMENT Assistant Village Manager and Director of REPORT Community Development Andrew Lichterman presented highlights from the Community Development Department six-month report. The Department adjusted to the challenges presented by the COVID-19 and implemented new service delivery approaches to keep Department operations moving forward. Staff worked closely with builders to schedule demolitions around the Stay -at -Home Order and provided builders relief when their projects were delayed due to supply chain issues. Staff worked closely with our businesses and restaurants to guide them through the changing landscape of indoor/outdoor dining requirements and essential/non-essential retail capacity requirements. Code enforcement and sign violations were relaxed in an effort to support businesses during this uniquely challenging time. Board of Trustees Meeting December 7, 2020 Page 2 of 9 Overall building permit activity, measured by total number of building permits (1,187) and total number of building inspections (2,114), are largely consistent with activity levels experienced last year. 2020 permit fees, year-to-date, total $1,107,885 which exceeds the budgeted revenue amount of $925,000. The $21.5 million investment in the newly transferred Horizon Therapeutics campus is a significant contributor to this year's permit fees. Staff has responded to 158 FOIA requests (compared to 135 such requests last year) and held 4 Public Hearings with the Board of Zoning Appeals. The Building Division completed the Insurance Service Officer's (ISO) 5-year audit report. The resulting Building Code Effectiveness Grading Classification is a four for residential, commercial and industrial property types in the Village. The ISO insurance rating program will provide rating credits to individual property insurance policies in recognition of community efforts to mitigate property damage due to natural disasters. This rating also has bearing on the Village's Community Rating System (CRS) Classification, which impacts local flood insurance rates. This audit is a substantial work effort that requires many hours of preparation and gathering of documents to be made available to the ISO representative at the time of audit. Staff is actively working with the Plan Commission to draft an inclusionary zoning ordinance that will stipulate affordable housing requirements in developments of a certain size. Staff is actively working with the Village's consultant Kane McKenna to complete an eligibility study and financial analysis for a possible Tax Increment Financing District on the vacant 10-acre site in the rear of Deerbrook Mall, which is proposed for redevelopment with a luxury rental apartment community by REVA. Other notable land use matters evaluated by the Planning Division staff include the final development plan for Zion Woods, a 25-unit affordable housing development proposed for 10 Deerfield Road and a 40-unit luxury apartment development proposed for 833 Deerfield Road in Deerfield Square. Trustee Oppenheim reminded residents that the permit process is to protect residents and ensure they are in compliance with Village Code. DOCUMENT APPROVAL Trustee Struthers moved to accept the minutes from the November 16, 2020, Board of Trustees meeting. Trustee Oppenheim 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 representing 83 percent of the fiscal year. Water and sewer billings increased last month. Those billings will start to decrease in the next months. Hotel tax includes billings and payments from five of six hotels. The Village is working with the sixth hotel. Property taxes are continuing to be collected. Year to date, sales taxes are in line. Food and beverage tax lags the prior year, but is fairly well considering the situation. The Village received reimbursement from the Lake County Cares Act Board of Trustees Meeting December 7, 2020 Page 3 of 9 in the amount of $780,000. Notable expenditures to come include transfers from General Fund, debt service payments and the police pension contribution. BILLS AND PAYROLL Trustee Oppenheim moved to approve the Bills and Payroll dated December 7, 2020. Trustee Struthers 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 on non -agenda items. Management Analyst David Fitzgerald -Sullivan confirmed there was no one present on Zoom for comment on non -agenda items. REPORTS CONSIDERATION AND ACTION ON Assistant Director of Public Works Justin Keenan THE REPORT AND reported at the November 17, 2020, Family Days RECOMMENDATION OF FAMILY Commission meeting, the commissioners reviewed DAYS COMMISSION RE: 2020 the 2019 and 2020 revenues and expenses and FAMILY DAYS REPORT AND 2021 unanimously recommended a budget for Family BUDGET Days 2 02 1. Mr. Keenan noted that there was no 2020 Family Days due to COVID-19. They are looking forward to an event next year. They anticipate $27,200 in revenue and $57,500 in expenses. Family Days Co -Chair Judy Geuder stated they are optimistic and moving ahead. She hopes all the stars align and they can put together a great Family Days 2021. Trustee Struthers noted the Rotary Race will be virtual. Trustee Jester moved to accept the report and recommendation of the Family Days Commission. 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 OF Mr. Street reported the Plan Commission held a Board of Trustees Meeting December 7, 2020 Page 4 of 9 THE PLAN COMMISSION Public Hearing on October 22, 2020, to consider the RECOMMENDATION ON THE request for an amendment to the sign plan for REQUEST FOR AN AMENDMENT TO Horizon Therapeutics to allow four new elevated A SIGN PLAN INCLUDING wall signs to be located on office buildings in the NECESSARY EXCEPTIONS — campus as well as additional signage visible only to HORIZON THERAPEUTICS employees. The Plan Commission voted 6-0 in favor of the request. Geoff Curtis from Horizon Therapeutics, Aaron Cox, Alfred Fiesel and Katie Conroy with Pewaukee Sign Company were present. Ms. Conroy showed the sign locations throughout the campus. They propose adding a logo and letter sign to each elevation. The face lit letters will appear dark during the day and will illuminate as white after dark. The signs will be at the top of the buildings. The monument sign will be at the entrance and illuminated by flood lights. It will have a marble base with the logo pin mounted to the face of the sign. The entrances and garages will also have letters with the logo. There will be non -illuminated letters designating each building (H, Z and B). Mayor Rosenthal received an email from a resident who was concerned about the lights. She assured the resident the lights would not cause a problem in her home. Trustee Oppenheim moved to accept the Plan Commission's recommendation regarding a request for an amendment to the sign plan for Horizon Therapeutics. 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 ORDINANCE 0-20-25 AMENDING An Ordinance amending Article 3 of Chapter 23 of ARTICLE 3 OF CHAPTER 23 OF THE the Municipal Code and the Village's Annual Fee MUNICIPAL CODE AND THE Resolution to establish a water meter replacement VILLAGE'S ANNUAL FEE fee. Second Reading. RESOLUTION TO ESTABLISH A WATER METER REPLACEMENT FEE — 2R ORDINANCE GRANTING RELIEF An Ordinance granting a modification to allow an FROM ARTICLE 2.04-H,3,B OF THE 88 foot section of the fence along the north side ZONING ORDINANCE AT 165 E. SAINT property line to be 8 feet in height in lieu of the ANDREWS LANE TO PERMIT THE permitted maximum height of 7 feet. First Reading. INSTALLATION OF AN 88-FOOT SECTION OF FENCE ALONG THE This will stand as a First Reading of the Ordinance. Board of Trustees Meeting December 7, 2020 Page 5 of 9 NORTH SIDE PROPERTY LINE 8 FEET IN HEIGHT IN LIEU OF THE PERMITTED MAXIMUM HEIGHT OF 7 FEET — 1R Trustee Jester moved to accept the Consent Agenda and adopt the Ordinance amending Article 3 of Chapter 23 of the Municipal Code and the Village's Annual Fee. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) OLD BUSINESS ORDINANCE APPROVING AN An Ordinance approving an Amendment to the AMENDMENT TO THE FUTURE LAND future land use plan of the Comprehensive Plan of USE PLAN OF THE COMPREHENSIVE Deerfield for the property located at 10 Deerfield PLAN OF THE VILLAGE OF Road from an Institutional Land Use to Multi- DEERFIELD — 1R Family Residential. First Reading. Trustee Struthers noted in the original plan there was a dog exercise area. It was a place to acquaint dogs. She would like to see them have a dog exercise area to promote socialization between neighbors. Mr. Street will let them know about comment. ORDINANCE REZONING THE LOT AT An Ordinance rezoning the lot at 10 Deerfield Road 10 DEERFIELD ROAD TO THE R-5 from R-1 Single Family to the R-5 General GENERAL RESIDENCE DISTRICT — 1R Residence District. First Reading. ORDINANCE APPROVING A SPECIAL An Ordinance approving a Special Use for a USE FOR A PLANNED RESIDENTIAL Planned Residential Development Plan at 10 DEVELOPMENT PLAN AT 10 Deerfield Road. A Restrictive Covenant is included DEERFIELD ROAD — I as part of the Development Agreement. A Resolution will be presented to the Trustees for consideration at the December 21, 2020 Board of Trustees meeting. First Reading. ORDINANCE 0-20-26 LEVYING TAXES An Ordinance levying taxes for corporate purposes FOR CORPORATE PURPOSES FOR THE for the fiscal year beginning January 1, 2021 and FISCAL YEAR COMMENCING ON ending December 31, 2021. Second Reading. JANUARY 1, 2021 AND ENDING ON DECEMBER 31, 2021 — 2R Mr. Burk explained the 2020 Village and Library Tax Levy was determined as part of the 2021 budget process. The Truth in Taxation Hearing was held on November 16, 2020. The total levy is $13,347,143. The Village will be abating the debt services on 201113 bonds in the amount of $359,239. The net levy is $12,987,904, which s the same amount as the previous year. Board of Trustees Meeting December 7, 2020 Page 6 of 9 Trustee Seiden moved to adopt the Ordinance levying taxes for corporate purposes for the fiscal year commencing on January 1, 2021 and ending on December 31, 2021. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE 0-20-27 ABATING A An Ordinance abating a portion of the 2020 tax levy PORTION OF THE 2020 TAX LEVY for Series 201113 G.O. Bonds. Second Reading. REQUIREMENT FOR SERIES 2011 B G.O. BONDS — 2R Trustee Struthers moved to adopt an Ordinance abating a portion of the 2020 tax levy requirement for series 201113 G.O. Bonds. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) NEW BUSINESS AN ORDINANCE AMENDING AND An Ordinance amending and revising the Annual REVISING THE ANNUAL BUDGET OF Budget of the Village of Deerfield for the Fiscal THE VILLAGE OF DEERFIELD FOR Year beginning January 1, 2020 and ending THE FISCAL YEAR BEGINNING December 31, 2020. First Reading. JANUARY 1, 2020 AND ENDING DECEMBER 31, 2020 Mr. Burk reported that in July, the Village discussed and authorized the roadway project be moved from 2021 to 2020 due to timing efficiencies in the 2020 program and the risk of increased cost in 2021. The project was moved and built into the budget. This amends the 2020 budget to allow for expenditure in 2020 rather than 2021. This was paid for with reserves. AUTHORIZATION TO AWARD Mr. Keenan reported the Village of Deerfield LANDSCAPE MAINTENANCE owns and maintains over 27 landscaped locations CONTRACT that requires landscaping maintenance. The Village does not have a dedicated landscape division; therefore, bids are solicited from qualified landscape maintenance contractors to perform this function. The contract for landscape maintenance was competitively bid for FY 2019 and Moore Landscaping LLC was awarded the contract. The current contract allows for two 1-year extensions. Moore Landscaping, LLC is requesting that the Village authorize the second 1-year extension with no unit price increase. Funding for this work has been included in the 2021 budget. Board of Trustees Meeting December 7, 2020 Page 7 of 9 Trustee Oppenheim moved to award the contract for the landscape planting and maintenance to Moore Landscaping, LLC in an amount not to exceed $79,800. 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 AWARD TURF The Village of Deerfield owns and maintains more MAINTENANCE CONTRACT than 30 locations that require weekly or bi-weekly maintenance. The Village does not have a dedicated landscape division; therefore, bids were solicited from qualified turf maintenance contractors to perform this function. The previous multiyear contract ended this year. Therefore, the project was advertised and three bids were opened on November 20, 2020. Green Acres Landscaping, Inc., the Village's turf contractor since 2018, was the low bidder at $36,500. Funding for this work has been included in the 2021 budget. Trustee Jester moved to award the turf maintenance contract to Green Acres Landscaping, Inc. in the amount of $36,500. Trustee Oppenheim seconded the motion. Trustee Oppenheim noted Moore Landscaping was close in price and asked if the Village should use one vendor or two vendors. Mr. Keenan explained the Village received good service from Green Acres, the lowest bidder. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD TREE Public Works is responsible for trimming parkway TRIMMING CONTRACT trees for traffic clearance purposes, to preserve the tree's health and appearance and to prevent possible damage to human life and property. The Village does not have a dedicated forestry division; therefore, bids are solicited from qualified tree service contractors to perform this function. The previous three-year contract ended this year. The Village received one bid. Advanced Tree Care has been the Village's tree trimming contractor for over six years and has provided excellent quality service. Trustee Oppenheim moved to award the contract for parkway tree trimming to Advanced Tree Care for the budgeted amount of $61.000. 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 TREE Public Works is responsible for the removal of trees Board of Trustees Meeting December 7, 2020 Page 8 of 9 AND STUMP REMOVAL CONTRACT and stumps from parkways, Village properties, unimproved rights -of -way and alleys. The removals are necessary due to tree death, hazardous conditions and infectious diseases. The previous multiyear contract ended this year. The Village received two bids. Advanced Tree Care, the Village's tree trimming contractor for more than six years, was the lowest bidder at $63,250. Trustee Seiden noted there is a flat fee and questioned what happens if there are not enough tree trunks to remove. Mr. Keenan explained there is a per unit cost, depending on the diameter and width of the stumps. He noted the Village usually spends the majority of the contract each year. Trustee Oppenheim moved to award the contract for Parkway Tree and Stump Removal to Advanced Tree Care for the budgeted amount of $58,500. 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 AWARD GIS The Village of Deerfield has had an agreement with SERVICES CONTRACT Municipal GIS Partners, Inc. since 2002 to participate in a 35-member community GIS Consortium. In order to continue service, each year the Village needs to renew its contract with MGP. Due to the success of the consortium, renewal pricing has remained relatively low over the years, with a 2% increase in 2019, 2.6% increase in 2020 and 0% increase in 2021. A Supplement Statement of Work authorizes a one-year contract extension through December 31, 2021. Trustee Jester moved to award the GIS Services Contract to Municipal GIS Partners in an amount not to exceed $83,352. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) ORDINANCE AUTHORIZING THE The Village is considering establishing a TIF ESTABLISHMENT OF A TAX district for the 10-acre property associated with the INCREMENT FINANCING REVA development in the rear of Deerbrook Mall. "INTERESTED PARTIES REGISTRY" The Village is required to establish an "interested AND ADOPTING REGISTRATION parties registry" in connection with any RULES FOR THE REGISTRY - 1R redevelopment project area and to adopt registration rules for the registry. Mr. Elrod stated this is required because a TIF is being considered for the property behind Deerbrook Mall. There will be a Resolution on the next agenda setting a date for a Public Hearing. Board of Trustees Meeting December 7, 2020 Page 9 of 9 Trustee Oppenheim asked how to get the word out. Mr. Elrod indicated it would be on the Village website. This will stand as a First Reading of the Ordinance. DISCUSSION CONDOLENCES Trustee Seiden is sad to report Rick Johnstone died. He served on a Task Force he chaired with Trustee Benton and Trustee Struthers. At that time, there were a lot of builders opposed to the proposed changes. Trustee Seiden had reached out to Mr. Johnstone, who put his own interest as a builder behind the interest of the Village. He was a good friend to the Village and Task Force. The Village and Task Force are sad to see him pass away. NEW WEBSITE Northwest Municipal Conference website. Trustee Benton noted at the last Transportation Committee meeting he found out about the new THANK YOU Mayor Rosenthal thanked the Brady Foundation for funding the lawsuit on the assault weapon ban and hiring Chris Wilson who did a wonderful job for the Village. She also thanked Mr. Elrod for his work on the lawsuit. PUBLIC COMMENTS Mr. Street indicated there were no public comments. ADJOURNMENT There being no further business or discussion, Trustee Jester moved to adjourn the meeting. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers (6) NAYS: None (0) The meeting was adjourned at 8:41 p.m. The next regular Board of Trustees meeting is scheduled to take place on Monday, December 21, 2020 at 7:30 p.m. I.\».Zo]ky/ Mayor ATTEST: Village Clerk