07/17/2023July 17, 2023
The regular meeting of the Board of Trustees of the Village of Deerfield was called to order on
July 17, 2023, at 7:30 p.m. at Deerfield Village Hall. The clerk called the roll and announced
that the following were
Present: Robert Benton
Larry Berg
Elaine Jacoby
Rebekah Metts-Childers
Mary Oppenheim
William Seiden
Dan Shapiro, Mayor
and that a quorum was present and in attendance. Also present were Village Manager Kent
Street and Ben Schuster, Village Attorney.
PLEDGE OF ALLEGIANCE Mason Tepper from Worry Free Wednesdays led
those in attendance in reciting the Pledge of
Allegiance. Mr. Tepper started Worry Free Wednesdays to help create awareness of children
with anxiety, especially after the tragedy last year on July 4th in Highland Park.
RECOGNITION Mayor Shapiro recognized outgoing Appearance
Review Commission chairperson Lisa Dunn for ten
years of service on the Commission. She is leaving to become president of the Jefferson
American Inn of Court association. Ms. Dunn thanked the Trustees for the confidence placed in
her. She has really enjoyed it and she hopes Deerfield will continue to look great. Mayor
Shapiro presented Ms. Dunn with a plaque.
APPOINTMENT On the recommendation of the Volunteer
Engagement Commission, Mayor Shapiro
recommended Sherry Flores to be the new Chairperson of the ARC. Trustee Oppenheim moved
to appoint Sherry Flores to Chairperson of the ARC. Trustee Seiden seconded the motion. The
motion passed unanimously on a voice vote.
Mayor Shapiro recommended Amy Charlson as Commissioner of the ARC. Trustee Oppenheim
moved to appoint Amy Charlson as a Commissioner of the ARC. Trustee Benton seconded the
motion. The motion passed unanimously on a voice vote.
Mayor Shapiro recommended Dustin Goffron as Commissioner of the ARC. Trustee Metts-
Childers moved to appoint Dustin Goffron as a Commissioner of the ARC. Trustee Benton
seconded the motion. The motion passed unanimously on a voice vote.
DOCUMENT APPROVAL Trustee Oppenheim moved to approve the minutes
from the July 5, 2023, Board of Trustees meeting.
Trustee Berg seconded the motion. The motion passed by the following vote:
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July 17, 2023
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AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
BILLS AND PAYROLL Trustee Seiden moved to approve the bills and
payroll dated July 17, 2023. Trustee Metts-Childers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
PUBLIC COMMENT Andrea Crane is a 25-year resident and expressed
concern about her neighbor's lights shining into her
home. Ms. Crane stated the neighbor told her the lights would only be on a short time when their
dog is outside. Ms. Crane reported the lights are on a motion sensor and triggered by wind,
leaves, squirrels, etc. Ms. Crane approached her neighbor again, but the shades that the neighbor
state they would install were never installed. Instead, the neighbor said they would install
hanging string lights and would no longer need the spotlight. Now, they still have the spotlights
as well as the string lights. Ms. Crane suggested the Village pass an Ordinance preventing
excessive outdoor lights. Trustee Seiden requested this issue be put on the next Committee of
the Whole agenda. Trustee Oppenheim believes this specific issue was discussed in the past.
Mr. Street will have staff contact Ms. Crane to get more specific information to inform the
Trustees.
REPORTS
CONSIDERATION AND ACTION ON Planning and Design Specialist Liz Delevitt
REPORT AND RECOMMENDATION updated the Board on the Business Fagade Rebate
OF STAFF RE: REQUEST FOR Program. The program began in 2022 and the
FUNDING UNDER THE BUSINESS Board budgeted $200,000. The first applicant (The
FACADE REBATE PROGRAM — 806 & Coder School and Top Issue) was awarded
808 WAUKEGAN ROAD $60,056.82 for their building and site improvements
in October 2022. In June of 2023, the former
Barnes and Noble location received funding for $100,000 in improvements. The third applicant
is asking for an amount not to exceed $35,212.63 for improvements to the exterior of Walter's
Tailor Shop and Cherry Pit. If this application is approved, the Village will have approved more
than $195,000 of the $200,000 that was budgeted.
The applicant represents the building that houses the Walter's Tailor Shop and Cherry Pit. The
applicants propose removing the oversized awning and replacing it with a smaller, triangular
shaped awning. Ms. Delevitt reported the windows and doors will be replaced with aluminum
framed windows and doors. Ms. Delevitt noted the ARC requested the applicants maintain the
character of the building's exterior with the new material so it blends in with the existing
downtown. She stated the biggest complaint from those businesses is the lack of a space in those
buildings for signage. In the past, the ARC approved oversized window signage, but it is not that
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July 17, 2023
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visible. Ms. Delevitt reported part of this improvement will include mounts for signage and
gooseneck lighting creating an area for additional signage.
Ilya Pod, Managing Agent for WD Associates, the building owner, believes the project will be
completed by the end of the year.
Trustee Benton moved to accept the report and recommendation of Staff regarding the request
for funding under the Business Fagade Rebate Program for the property at 806 and 808
Waukegan Road and direct the Village Attorney to prepare the Ordinance. Trustee Metts-
Childers seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
REPORT OF STAFF RE: PERMIT Assistant Village Manager Andrew Lichterman
REQUIREMENTS reported Staff recommends amending Section 6-1
"Permit Required" of the Village of Deerfield
Municipal Code to better clarify when construction/improvement work requires a permit. He
noted the intent is to keep the scope of work that requires a permit largely the same, but to write
the text of the Municipal Code in a less ambiguous way as to better serve the public interest.
Staff specifically finds that the inclusion of a set dollar amount, in this case $500.00, is an
unreasonable threshold to prompt a permit requirement. Staff believes a better practice would be
to eliminate the dollar amount altogether and to instead explicitly state what does and what does
not require a permit, regardless of the cost of the proposed improvement work.
Trustee Metts-Childers questioned whether more home improvements would require permits
with this amendment. Mr. Lichterman reported the recommended amendment would clarify that
construction work that does not require changes to plumbing or electrical would require permits
whereas light construction, like trim work, would not. Staff does not believe a dollar amount
should be the impetus for a permit. Trustee Oppenheim noted the Village requires permits to
protect residents and for safety. Mr. Lichterman noted permits would be required for work that
may cause danger or harm. Trustee Benton asked how this will be communicated to contractors.
Mr. Lichterman noted the Village does not currently require a permit to make a repair. He stated
that typically, a contract would state that it is the homeowner's responsibility to get permits.
Trustee Metts-Childers noted the Village is being less stringent. Mr. Lichterman reported the
biggest change is that all plumbing work would now require a permit, and that electrical and
mechanical work currently require permits. Trustee Jacoby questioned the length of time an
emergency repair permit would take. Mr. Lichterman noted with the online permitting process,
the hope is for staff to have a quick turnaround for emergency repairs and the regular permit
process for planned upgrades. Mayor Shapiro would like the Ordinance to be implemented at the
same time as the dual -permits. The Trustees expressed concern about permit timing. Mr.
Lichterman reported in emergency situations, the homeowner can apply for the permit within a
certain time frame after the work was completed. He indicated this Ordinance would also
encourage residents to reach out to the Village to ensure compliance. Trustee Jacoby suggested
also educating the residents that this change in the permit process is for their safety. Trustee
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Berg believes the nature of the work requiring permitting should be noted rather than a list of
every specific item that requires a permit. Trustee Seiden suggested not charging for small
inspections. Mr. Lichterman reported the Village will incur costs when they use outside
inspectors. He stated the Village wants to strike the dollar amount from the Code so residents
purchasing a less expensive fixture rather than a fixture over the current $500 threshold would
also require a permit. Village Attorney Schuster noted it is important to stress that Deerfield is
not punitive in the permit process. Mr. Schuster stated the permit process is in place so residents
obtain permits to ensure the contractor performed the work properly and in compliance with the
Village Codes. Mayor Shapiro suggested continuing this discussion rather than directing the
Village Attorney to draft an Ordinance.
Trustee Oppenheim moved to continue further discussion until staff can clarify the changes.
Trustee Berg seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
CONSENT AGENDA
There were no items on the Consent Agenda.
OLD BUSINESS
ORDINANCE 0-23-19 AUTHORIZING An Ordinance amending the Tennaqua Special Use
AN AMENDMENT TO THE TENNAQUA to allow changes to the Tennaqua master plan and
SPECIAL USE TO ALLOW CHANGES renovations to the Tennaqua Club located at One
TO THE TENNAQUA MASTER PLAN Tennaqua Lane.
AND RENOVATIONS TO THE
TENNAQUA CLUB AT 1 TENNAQUA Mr. Lichterman noted this agenda item was
LANE continued so the Plan Commission could meet and
discuss the issue.
Trustee Seiden moved to adopt the Ordinance authorizing an amendment to the Tennaqua
Special Use to allow changes to the Tennaqua master plan and renovations to the Tennaqua Club
at 1 Tennaaqua Lane. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
NEW BUSINESS
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July 17, 2023
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ORDINANCE 0-23-20 AMENDING Mr. Lichterman reported the Village Board passed
ARTICLE 12 "SPECIAL PURPOSE an Ordinance rezoning certain properties on Lake
BOARDS AND COMMISSIONS" OF Cook Road from I-1 to C-4 Entertainment/Limited
CHAPTER 2 "ADMINISTRATION" OF Retail Zoning District. The Ordinance seeks to
THE MUNICIPAL CODE OF THE include the new C-4 district under the purview of
VILLAGE OF DEERFIELD the ARC, which is not currently in their jurisdiction.
Trustee Metts-Childers moved to adopt an Ordinance amending Article 12 "Special Purposes
Boards and Commissions" of Chapter 2 "Administration" of the Municipal Code of the Village
of Deerfield. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
RESOLUTION R-23-35 AMENDING THE Mr. Lichterman reported this Resolution would
ANNUAL FEE RESOLUTION OF THE establish a half-price fee for the installation of solar
VILLAGE OF DEERFIELD REGARDING panels which would be set at $9 per $1,000 worth of
CONSTRUCTION FEES FOR PATIOS/ work performed. Additionally, this Resolution
WALKWAYS/OTHER would establish a flat fee for the installation of
MISCELLANEOUS SLABS AND patios or other miscellaneous slabs. Mr.
SOLAR PERMITS Lichterman noted these changes are being made to
be more consistent with base permit fees.
Trustee Oppenheim moved to amend the annual fee Resolution of the Village of Deerfield
regarding construction fees for patios/walkways/other miscellaneous slabs and solar permits.
Trustee Berg seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
ORDINANCE 0-23-21 AMENDING Mr. Lichterman reported contractors are required
ARTICLE 11 OF CHAPTER 6 OF THE to install temporary construction site fencing for
MUNICIPAL CODE RE: demolition, large renovations or new construction
CONSTRUCTION SITE FENCING projects. He noted that once installed, the fencing
frequently leads to numerous inquiries from
homeowners regarding the construction site. Mr. Lichterman reported that in order to answer
these questions, many communities require contractors to install a 4'x4' temporary sign that
includes the address of the construction site, the builder's name and contact information,
construction hours and community development contact information. He noted that by installing
these signs, residents are better informed of the work that is being completed and contractors are
held to a higher standard since residents can reach out directly to them. Mr. Lichterman reported
signs would need to be posted 14 days in advance, unless there is an exception from the Village.
Trustee Seiden noted there is an Ordinance from 2005 that requires contractors to provide the
Village with phone numbers of those responsible for construction sites. He stated the Tear Down
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July 17, 2023
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Task Force, of which he was the chairperson, had discussed the possibility of posting a sign
listing all of the construction management regulations, but decided it would not accomplish
anything and decided not to pursue it. Trustee Seiden believes a neighbor should be able to
contact the Village if they see a violation instead of contacting the contractor directly. He does
not believe anything good could come from this proposal. Trustee Seiden believes construction
hours should be posted and residents should contact the Village rather than the person
responsible for the construction site. He noted many sub -contractors may not be aware of the
Village's permitted construction hours. Trustee Seiden suggested having the contractor's
name/number in smaller print as the Village is ultimately responsible for code enforcement.
Mayor Shapiro suggested increasing the size of the Village's contact information. Mr. Street
suggested not getting the Village involved as a good contractor would rather fix the issue for the
neighbor thereby saving staff time.
Trustee Oppenheim moved to approve an Ordinance amending Article 11 of Chapter 6 of the
Municipal Code regarding construction site fencing. Trustee Jacoby seconded the motion. The
motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
ORDINANCE 0-23-22 AMENDING Mr. Lichterman reported the Village currently has
ARTICLE 3 OF CHAPTER 21 OF THE an Ordinance limiting the height of weeds, grass or
MUNICIPAL CODE RE: LIENS FOR plants other than trees, bushes, flowers and other
WEED CUTTING COSTS ornamental plants to eight inches (8") or less or they
are declared to be a nuisance. He noted nuisance
properties receive a notice from the Village and are given 10 days to comply. Mr. Lichterman
reported that after 10 days, the Village uses a contractor to mow the lawn and invoices the
property for weed cutting costs. He noted that in most cases, the property is either in foreclosure
or abandoned and it is very unlikely that the invoice will be paid. Therefore, staff applies a lien
on the property to ensure future payment once the property has sold. Mr. Lichterman reported
that as currently written, the Municipal Code gives staff a maximum of 60 days to apply the lien
on the property. He stated this self-imposed time limit requires staff to apply multiple liens per
year on the same property. Staff recommends removing this time limit so that staff can apply
one lien at the end of the mowing season. Mr. Lichterman noted removal of the 60-day time limit
will increase efficiency by saving staff the time spent to apply/remove liens with the county,
while also reducing lien application fees paid by the Village.
Trustee Benton moved to approve an Ordinance amending Article 3 of Chapter 21 of the
Municipal Code regarding liens for weed cutting costs. Trustee Jacoby seconded the motion.
The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
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July 17, 2023
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ORDINANCE 0-23-23 AMENDING Mr. Lichterman reported that several years ago, the
ARTICLE 1 OF CHAPTER 6 OF THE Village Board discontinued the senior building
MUNICIPAL CODE RE: BUILDING permit fee reduction. He noted this amendment
PERMIT FEES would formally repeal the senior citizen fee
reduction provision and clean up the Municipal
Code to match existing practices.
Trustee Oppenheim moved to approve an Ordinance amending Article 1 of Chapter 6 of the
Municipal Code regarding building permit fees. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
FOOD TRUCK WEDNESDAY
Park.
COMMUNITY ROLL CALL
after the food trucks.
DISCUSSION
The third Food Truck Wednesday will occur this
Wednesday from 4:30 p.m. to 8:00 p.m. at Jewett
The police community roll call is July 19, 2023,
from 7:00 p.m. to 8:00 p.m. at Jewett Park right
RIBBON CUTTING Mayor Shapiro and Trustee Oppenheim attended a
ribbon cutting at Brick & Mortar last Wednesday.
Mayor Shapiro stated it is a shared work space in downtown, and is a new, cool place to check
out.
BOARD ROOM PLEXIGLASS Mr. Street asked the Trustees if they had any
objection to removing the plexiglass barriers on the
dais. The Trustees would like the plexiglass to be removed.
ADJOURNMENT Pursuant to 51LCS 120/2(c)(11) and (c)6, Trustee
Berg moved to go into closed session. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden (6)
NAYS: None (0)
The meeting was adjourned to closed session at 8:50 p.m.
The meeting was adjourned from closed session at 9:45 p.m.
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July 17, 2023
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The next regular Board of Trustees meeting is scheduled to take place on Monday, August 7,
2023, at 7:30 p.m.
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APPROVED: ;
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Mayor
ATTEST:
Village Cle k