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
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August 5, 2019
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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,
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August 5, 2019
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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:
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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
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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.
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August 5, 2019
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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.
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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
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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