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
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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
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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