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08/05/2019August 5, 2019 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on August 5, 2019, 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 Dan Shapiro Barbara Struthers Absent: William Seiden and that a quorum was present and in attendance. Also present were Village Manager Kent Street and Ben Schuster, Village Attorney. PLEDGE OF ALLEGIANCE Susan Mason, President of the Deerfield Family Theater led those in attendance in reciting the Pledge of Allegiance. She spoke about the wonderful program and talented children and adults involved. This year's production will be Annie. Auditions will be August 21, 22 and 24. MOMENT OF SILENCE Those in attendance observed a moment of silence in memory of those that were killed in mass shootings in El Paso and Dayton this weekend. Mayor Rosenthal reported the Village is working to appeal the ruling pre-empting implementation of the Village's assault weapon ban. She noted that 31 people were killed this weekend. The shooter in Dayton shot for 23 seconds and killed 9 people and wounded several more. Something has to happen and the Village will continue our fight. Hopefully this will be looked at by the State and Federal government. Please contact your representatives and let them know there is no place for assault weapons in this country. PRESENTATION Chief Sliozis presented the Donald F. Gehrig award to Sergeant Rick Bemas. The Deerfield Police Commissioners selected the recipient. Sgt. Bernas was promoted to the position of Sergeant this April. He joined the department in 2002. He received the 2009 Clarence Peterson award by the Lyon's Club. He was nominated for his exceptional work in investigations and the youth department. Chief Sliozis congratulated Sgt. Bernas for outstanding service in 2018 and his allegiance to the agency, hard work and numerous duties he performs. Sgt. Bernas thanked the Village for this honor. DEPARTMENTAL OBJECTIVES Management Analyst David Fitzgerald presented REPORT — ADMINISTRATION highlights from the Departmental Objectives Report Board of Trustees Meeting August 5, 2019 Page 2 of 8 for the Administration department. Staff worked on promoting the Village's interest in the State Capital Bill and worked with Finance Department on the new credit card payment systems. The Fine Arts Commission is continuing the public art program, with the deadline for submissions for the sixth year on August 15. There are two new murals for the AT&T building. Staff is working with multiple partners at increasing green energy use. The Farmer's Market will be celebrating 25 years this Saturday. The Sustainability Commission has worked with trees this year, holding multiple workshops and an educational walk scheduled for next month. The IT Department has worked on the police dispatch consolidation. They responded to 1127 work orders. Trustee Oppenheim expressed concern about the tree covering the mural on the AT&T building. The Trustees would be in favor of a mural facing Deerfield Road. VOLUNTEER ENGAGEMENT Mayor Rosenthal reported the Volunteer COMMISSION APPOINTMENTS Engagement Commission recommends the following appointments: Troy Mock to the Appearance Review Commission and Jeff Greenspan to the Family Days Commission. Trustee Oppenheim moved to accept the appointment recommendations. Trustee Shapiro seconded the motion. The motion passed unanimously on a voice vote. DOCUMENT APPROVAL Trustee Shapiro moved to approve the minutes from the July 15, 2019, Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously on a voice vote with Trustee Oppenheim abstaining. TREASURER'S REPORT Finance Director Eric Burk presented highlights from the Treasurer's Report for June 2019, representing half of the fiscal year. The sales tax net of the rebate increased over the last month but decreased over the same period last year and 2017. The year-to-date water and sewer billings increased, but still represent lower usage months. Hotel tax increased over the same period last year. Expenditures were all anticipated. BILLS AND PAYROLL Trustee Benton moved to approve the Bills and Payroll dated August 5, 2019. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) SLUDGE HAULING REPORT Director of Public Works and Engineering Bob Phillips reported on the recent WRF sludge haul. This material goes to agricultural lands and is used for crops. It is a good reuse of nutrient rich material. Typically, this material is hauled in fall and spring. The Village has been hauling sludge since 1956. The new wastewater treatment plan was constructed with a large storage barn, Board of Trustees Meeting August 5, 2019 Page 3 of 8 which allows the material to dry. The sludge drying beds are used if the sludge drying barn gets full. In 2018 and 2019, the unusual weather meant many farm fields did not get planted for the first time in years. The Village filled up the barn and sludge drying beds. In June, WE started working with a contractor that has dumpsters and sends the sludge to a landfill. The Village is unique, because the wastewater reclamation facility is in a residential area without a buffer. Lake County has a similar process as the Village, but also has a dryer. Since 2014, there have been a handful of odor complaints regarding the WRF. One was caused by an equipment failure, one was caused by the excess flow lagoon and one was caused by bio solid hauling. Most recently, we had an overabundance of biosolids and the Village agreed to haul the material out in seven to ten days. This was done on a hot day and the odor was significant. Moving forward, once the barn is full, the Village will go directly to dumpsters. Staff will also look into other agencies as well as initiate a process study to ensure the chemistry is working the way it should. The timing on the study will be between now and March 2020. Mayor Rosenthal noted the dumpster method is not very green. She recommended the consultant look at more environmentally friendly methods to handle the situation. Sharon Cohen, 241 Forestway Drive, represents herself and her neighbors, with an average of 20 years in Deerfield. Following the retrofit of the WRF, there have been a number of odor incidents. The neighbors have met with staff since 2014, to talk about the odor issues. There have been different explanations of the cause of the odors, but she believes the frequency warrants an outside consultant for a study. She is asking for money in 2019 to study both the design and operating procedures of the facility and generate a remediation plan to address the odor issues. Ms. Cohen asked the Village keep in mind that capital expenses may be needed to remedy the situation. Mayor Rosenthal appreciates the neighbors keeping the Village up to date. Mr. Street indicated the Village would entertain proposals. PUBLIC COMMENT There was no public comment on non -agenda items. REPORTS REPORT AND RECOMMENDATION Deputy Chief Budny reported the Police OF THE POLICE DEPARTMENT RE: Department reviewed the regulatory signs in the REGULATORY SIGNAGE Village. This type of audit has not been done in a number of years. The audit looked at the exhibits and signs in the Village and recommends reviewing and adopting the new exhibits within the ordinances to better reflect the signs that are in place for traffic control enforcement. Trustee Jester inquired about an ordinance that states you cannot drive north across Lake Cook Road from the south. Deputy Chief Budny will look into that Ordinance. Trustee Oppenheim moved to accept the report and recommendation of the Police Department and direct the Village attorney to prepare the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: Board of Trustees Meeting August 5, 2019 Page 4 of 8 AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION Assistant to the Public Works Director Justin OF THE PUBLIC WORKS AND Keenan reported the Public Works department ENGINEERING DEPARTMENT RE: issues hydrant meters to contractors in the Village. HYDRANT WATER METER USE AND Some of the contractors have bypassed the rules and FINES stole water from the Village. Currently, illegal use of hydrants is considered theft. Staff recommends implementing a minimum fine of $200 with a maximum fine of $750 for violations. They also recommend the Board update the municipal code to better enforce the Village requirements. Trustee Oppenheim asked how the penalty amount would be determined. Mr. Keenan noted it is an incremental fee. Trustee Jester asked whether most of the uses involve construction where a building permit was issued making the Village aware of the need for water. Mr. Street suggested the possibility of issuing a stop work order. Trustee Benton moved to accept the report and recommendation of the Public Works department and direct the Village attorney to prepare the Ordinance. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) CONSENT AGENDA ORDINANCE 0-19-18 AUTHORIZING A An Ordinance authorizing a Special Use to permit SPECIAL USE TO PERMIT THE the establishment of a real estate office for Coldwell ESTABLISHMENT OF A REAL ESTATE Banker to be located at 675 Deerfield Road, Suite OFFICE FOR COLDWELL BANKER TO 125. Second Reading. BE LOCATED AT 675 DEERFIELD ROAD, SUITE 125 — 2R RESOLUTION R-19-18 APPROVING A Resolution approving the purchase and sale A PURCHASE AND SALE AGREEMENT agreement and the acquisition of real property AND THE ACQUISITION OF REAL located at 333 Warwick Road. PROPERTY 333 WARWICK ROAD ORDINANCE VACATING A PORTION An Ordinance vacating a portion of the west half of OF THE WEST HALF OF A NORTH- a north -south alley lying between Hazel Avenue SOUTH ALLEY LYING BETWEEN and Fair Oaks Avenue. First Reading. HAZEL AVENUE AND FAIR OAKS AVENUE —1R Board of Trustees Meeting August 5, 2019 Page 5 of 8 Trustee Shapiro moved to accept the Consent Agenda and adopt one Ordinance and one Resolution. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) OLD BUSINESS ORDINANCE AMENDING SECTION 9.02-F.3 OF THE DEERFIELD ZONING ORDINANCE OF 1978, AS AMENDED TO ALLOW A DIGITAL SCOREBOARD AT A PUBLIC HIGH SCHOOL PROPERTY TO BE USED FOR COMMUNITY EVENTS IN THE P-1 DISTRICT — IR ORDINANCE APPROVING AMENDMENT TO A SPECIAL USE TO PERMIT THE INSTALLATION OF A NEW DIGITAL SCOREBOARD AT An Ordinance amending section 9.02-F.3 of the Deerfield Zoning Ordinance of 1978, as amended, to allow a digital scoreboard at a public high school property to be used for community events in the P-1 District. An Ordinance approving an amendment to a Special Use to permit the installation of a new digital scoreboard at Deerfield High School. DEERFIELD HIGH SCHOOL — 1R Mayor Rosenthal indicated the petitioner, Deerfield High School, requested these two items be continued until the September 16, 2019 Board of Trustees meeting. Trustee Benton moved to table further discussion to the September 16, 2019 Board of Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) ORDINANCE 0-19-19 APPROVING A Mayor Rosenthal stated that at the last Board of SPECIAL USE TO PERMIT THE Trustees meeting, the Board discussed a six-month ESTABLISHMENT OF A HEALTH review because of the hours. Chris Kourus from CLUB FACILITY FOR PLANET Planet Fitness provided some information for the FITNESS AT 35 N. WAUKEGAN ROAD Trustees to review regarding their record of being. IN CADWELL'S CORNERS — 2R a good neighbor. Mr. Street made some calls and confirmed the same information. Mr. Kourus explained the amount of money they will be investing in the project makes them feel extremely uneasy to go forward with the review scheduled for six months out. Trustee Struthers noted some of the neighbors expressed concern and Deerfield does not have many 24 hour operations. She would like to ensure the Village does not receive a lot of complaints. Trustee Oppenheim appreciates the petitioner's concern, and would like to clarify what the review would entail. Board of Trustees Meeting August 5, 2019 Page 6of8 Trustee Shapiro indicated there would not be a need for a review if the Village did not receive complaints. Mr. Kourus stated the point is they would be automatically be required to come back in six months. Trustee Benton noted this is the only shopping center in the Village that has residential on two sides. Other businesses in this center have not been respectful to the neighbors. Trustee Jester believes the six month review is unprecedented and unsettling. There are a couple neighbors that are not welcoming of anything. Trustee Jester moved to strike the six month review from the Ordinance. Trustee Oppenheim seconded the motion. Mr. Street noted staff would monitor this site the same as other sites. Mayor Rosenthal noted that other businesses have been asked to come back for a review after not being a good neighbor. The history of this property makes the Village nervous. If there is a problem, the Village will let the petitioner know. Mr. Kourus expressed concern that the Village will not allow a 24-hour operation, which will make them shut their doors. Mayor Rosenthal noted it will be up to Planet Fitness staff to ensure things are quiet. Mr. Schuster noted the Ordinance has a condition that the business must comply with all laws. The Village has regulations and can deal with noise. The Village could adopt stricter requirements if there is an issue. Trustee Oppenheim moved to adopt the Ordinance. Trustee Shapiro seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) Trustee Jester moved to strike the initial motion requiring a six month review. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) ORDINANCE ADOPTING An Ordinance adopting residential lighting RESIDENTIAL LIGHTING STANDARDS standards in the Village. Trustee Shapiro believes the Ordinance is well intended but would create some unintended consequences. The standards are well stated for sport court lighting, but he believes the regulations would create more problems and conflicts between neighbors. Code Enforcement Supervisor Clint Case noted that a number of communities have regulations but does not believe they are enforced. The Ordinance is broad enough so it can be applied to non -sport court lighting. All lights must be turned off at a certain time. It will be difficult to enforce and would take up a lot of staff time. Board of Trustees Meeting August 5, 2019 Page 7 of 8 Trustee Shapiro believes the Board should evaluate this and make a productive decision. Trustee Oppenheim believes there are too many opportunities for abuse and mistakes. Assistant Village Manager Andrew Lichterman noted that the portions regulating sport court lighting and exterior lights being illuminated 24 hours could be useful. Mayor Rosenthal noted the Board consensus is to move forward with sport court lighting and timing of back yard lighting for the Second Reading. Trustee Struthers asked if there would be brightness regulations for rear yard lighting. Mr. Case noted the cutoff time eliminates that issue. Mr. Schuster stated the current regulation states that the lights cannot be left unintended or left on continuously. This will stand as a First Reading. NEW BUSINESS RESOLUTION R-19-19 APPROVING A Mr. Lichterman stated this is an opportunity to COMMUNITY SOLAR SUBSCRIPTION get greener in the Village. Deerfield has the AGREEMENT WITH MC SQUARED opportunity for a 20-year subscription agreement ENERGY SERVICES LLC FOR for a community solar subscription in Elgin. The VILLAGE FACILITIES Village can cancel with 30 days' notice. Mr. Lichterman noted several North Shore Aggregation communities have already approved this arrangement. He noted the estimated equivalent is $9000 per year, which is 10 percent off the ComEd rate and $180,000 over the life of the term. Trustee Shapiro moved to waive the competitive bidding process and adopt the Resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) AUTHORIZATION TO PURCHASE Mr. Phillips noted there are Badger Meters WATER METERS FROM MIDWEST throughout the Village. Some meters that were METER INC. purchased in 2004 are reaching the end of their lifecycle, making them unable to be read. Trustee Benton asked how many meters need to be replaced. Mr. Phillips stated the Village would schedule one third of the meters to be replaced at a time. They have a program to put together a similar bid package to replace first generation of meters/automatic meter heads. Trustee Oppenheim moved to waive the competitive bidding process and authorize the purchase of water meters from Midwest Meter Inc. in the amount of $40,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Shapiro, Struthers (5) NAYS: None (0) DISCUSSION Board of Trustees Meeting August 5, 2019 Page 8 of 8 THANK YOU Mayor Rosenthal thanked the Trustees for participating in the Banner/CJE ground breaking Ceremony yesterday. She noted this will provide a nice continuum of care. RIBBON CUTTING Mayor Rosenthal attended a ribbon cutting at Gigi's Playhouse in Bannockburn Green. She noted it is a lovely facility for children with Down Syndrome and their families. They have one paid employee and everyone else is a volunteer. ADJOURNMENT Trustee Shapiro seconded the motion. meeting was adjourned at 8:57 p.m. There being no further business or discussion, Trustee Oppenheim moved to adjourn the meeting. The motion passed unanimously on a voice vote. The The next regular Board of Trustees meeting will take place on Monday, August 19, 2019, at 7:30 p.m. APPROVED: �w Mayor ATTEST: Village Clerk