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09/20/1971 (2)September 20, 1971 The regular meeting of the President and Board Deerfield was called to order by the President in the Hall on Monday, September 20, 1971 at 8:47 p.m. The that the following were 2`1 of Trustees of the Village of Council Chambers of the Village clerk called the roll and reported Present: Bernard Forrest, President Charles R. Bootz Albert E. Brust George Kelm Werner- E. Neuman Stephen M. Slavin M. Jay Turner, Jr. Absent: None and that a quorum was present and in attendance at the meeting. Also present were Messrs. Richard Houpt, Village attorney, and Norris Stilphen, manager. Trustee Brust moved, seconded by Trustee Slavin, that the minutes of the regular meeting held September 7, 1971 be approved as corrected. (Page 213 - Add to lst paragraph ef+ "In answer to Trustee Brust's question, the Village attorney stated no liability would 61 be incurred by the Village or Police Department through the employment of a Youth Worker as outlined.) Motion carried unanimously. U QApprove Warrant No. W -71 -9 Trustee Bootz moved, seconded by Trustee Slavin, that Warrant No. W -71 -9 - Payment of bills, in- cluding fund transfers and reimbursements, be approved. Adopted by the following vote: Ayes: Booz, Brust, Kelm, Neuman, Slavin, Turner (6) Nays: None (0) Trustee Brust suggested that, in view of the overtime paid for the sewage treatment plant and sewer work, an additional employee be considered. Refer Proposed Sign Ordinance The Village attorney reported he had reviewed the to Village Attorney- Prepare Draft Sign Ordinance proposed by the Board of Zoning Appeals and had found much that was redundant, repetitious and conflicting. He suggested that he meet with the building commissioner to discuss the proposed ordinance, submit a report to the Board on recommended changes, and the redrafted ordinance then referred to the Plan Commission for a public hearing. Trustee Neuman asked the Village attorney to draft an enforceable Sign Ordinance which would prevent the cluttering of streets with signs, but would establish regula- tions the business people can live with and comply with without undue harassment. He recommended deletion of certain sign descriptions and limitations on window signs set forth in the ordinance submitted by the Board of Zoning Appeals. Trustee Neuman moved., seconded by TrusteeKelm, that the matter of the proposed sign ordinance be referred to the Village attorney. Motion carried unanimously. Report -Sump Pump Inspections A report on sump pump installations was received from Public Works Director Ed Klasinski, who stated 1,009 houses had been inspected, 99 installations have been corrected, 57 pre- date the present ordinance, 13 will be re- inspected, 27 installations have been cenented and two referred to the attorney. President Forrest stated the Board had been told the sump pump inspection program would take about a year to complete, and now, a year later, only about 20 per cent of the houses in the Village had been inspected. The manager stated only two employees were suitable to undertake the inspectinns, but with the vacation season over, the work would proceed more rapidly. He reported six recording meters for installations on sump pumps have been received, and will be installed as soon as possible on sump pump installations which pre -date the present ordinance. Trustee Neuman pointed out that approximately 20 per cent of the houses inspected were found to be illegally connected to the sanitary sewer. In a brief discussion of PhaseII of the sewer system study, the manager stated Dr. Sundin of Baxter & Woodman would want to come before the Board when his report is ready. Trustee Neuman stated he would like the Press to be notified when the meeting with Dr. Sundin will be held in ogler that the discussion may be heard and reported. Ab2 Report- Brickyard Odor Problem The manager reported that Village employees have inspected the brickyard landfill, and on September 10th had found grass and lawn wastes dumped by a truck. Pictures were taken and copies were sent to the Lake County Zoning and Building Officer, the Environmental Protection Agency, and to Mr. Bruce Frost, West Deerfield Township Supervisor. President Forrest asked that surveillance of the brickyard landfill be continued. Re: Union Oil Access stated the ordinance Road provided for wa Avenue is relocated. Union Oil Company of Driveways In connection with the access request of Union Oil Company, the Village attorney granting variations for the service station at 836 Deerfield fiver of rights of access from the west in the event Park Trustee Brust asked the Village attorney.to remind the its agreement regarding access. Accept Bid Lerner Life The manager reported that Lerner Life had Legal Publication quoted a price of $307.72 for for publica- tion of the Treasurer's Annual Report which was published in the Deerfield Review at a cost of $835.36. On the basis of the Lerner Life quote of 14c per agate line and the Deerfield Review quote of 23C per line, he recommended that the gpote of Lerner Lifd^ be accepted. the Trustee Neuman moved, seconded by Trustee Turner, that /low quote of 14c per agate line submitted by Lerner Life be accepted,for'.)publication of legal notices, subject to the attorney's opinion on whether Lerner Life qualifies as a newspaper. Motion carried unanimously. Refer Y.E.S. Recommendation A letter from X.E.S. recommended the adoption Re: Phosphates to Environmental of a Phosphate Limitation Ordinance, and Commission submitted a proposed ordinance.. A spokes= for Y.E.S. stated many, detergents are avail ,�,, able which meet the 8,7 per cent phosphate limitation. Trustee Slavin commended Y.E.S. for its interest, and stated it was an appropriate subject for review by the Environmental Commission, as a matter of high priority. Trustee Slavin moved, seconded by Trustee Kelm, that the Y.E.S. letter and proposed ordinance be referred to the Environmental Commission when staffed.. Trustee Brust stated legislation at the local level will be ineffective, unnecessary and difficult to enforce, and the whole matter of low phosphates will be resolved by public pressure. The manager stated the Federal Government has recommended that local governments not pass limitations or bans on phosphate cdeteggents as alternate detergents are highly caustic and a real health hazard to children. Trustee Neuman stated low phosphate detergents are readily-available as the City of Chicago and other municipalities have passed ordinances limiting phosphate content, however, the matter was highly technical and should be studied by the Environmental Commission. Referral to the Environmental Commission was approved by the following vote:: Ayes: Bootz, Kelm;,Neumag, Slavin, Turner (5) Nays: Brust (1) The meeting.was recessed at-9:30 p.m. and reconvened at 9:45 p.m., all members present. Ordinance levying Tax for An ordinance providing for the levying of a Installment Purchaee(Yous) direct annual tax for payment of principal and interest due on an installment contract for purchase of the Yous property at..807 Park AVenue for public parking was presented. The Village attorney explained the County Clerk of Lake County was not satisfied with the procedure followed although it was acceptable to the Cook County Clerk, and therefore the ordinance had been prepared to satisfy this objec- tion. Trustee Kelm moved, seconded by Trustee Slavin, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Ci 223 Trustee Kelm moved, seconded by Trustee Bootz, that the ordinance be passed. Adopted by the following vote: Ayes: Bootz, Brust, Kelm, Neuman, Slavin, Turner (6) Nays: None (0) The President signed the ordinance indicating his approval thereof. Refer Sayre Claim Re: A letter was received from Mrs. Mary Sayre Flooding to Insurance Co. requesting reimbursement of $235.00 for expenses incurred by the flooding of her basement caused by blockage of the Village sanitary sewer. Mrs. Sayre stated she had called the Village four times and was told the blockage was in her house service line although her :;plumber had rodded her line and insisted the Village line was blocked and caused the flooding. The fifth time she called the Village, with two feet of sewage in the basement and the flood rising, the Village sewer was rodded and the flood receded. She stated that had the Village rodded the sewer after the earlier calls, the flooding would not havecoccurred. A report from the Sewer Department Foreman stated that on anwering the first complaints, it had been determined the blockage was in the house service. On the last complaint, the Village sewer was blocked and was re- opened by rodding. ct+ , Cad The Village atto .rney stated the Village was not liable unless there was �I negligence in maintaining facilities. Mrs. Sayre stated there was negligence inas- much as there were four warnings and nothing was done. The manager stated Mrs. Sayre's Afirst calls on flooding were determined to be the result of stoppage in the house service line, and the flooding involving the Village sewer was an unfortunate but not unusual occurrence. Trustee Slavin moved, seconded by Trustee Turner, that Mrs. Sayre's claim be referred to the Village's insurance carrier. Motion carried unanimously. Recording Meters The manager reported six recording meters for pump sump installations had been received and would be installed as soon as the Public Works Director and Dr. Sundin work out locations for the installations. Resolution Appropriate $35000 A Resolution was presented appropriating $35,000 MFT- Waukegan /County Line Right from Motor Fue1 Tax Funds for right turn lanes Turn Lanes, Sec. 33 CS. at the Waukegan- County Line Road intersection, (R- 71 -14) Section 33 CS, as requested by the State Highway Department. Trustee Kelm moved that,the resolution be adopted. Seconded by Trustee Turner, and adopted by the following vote: Ayes: Bootz, Brust, Kelm, Nauman, Slavin, Turner (6) Nays: None (0) The letter of transmittal to•the State will explain the previous resolution appropriating $175,000 for Waukegan- County Rine Road improvements, Section 32 CS, w}uich had included construction of right turn lanes. Re: Highway Safety Funds In connectionwith Highway Safety Funds allocated to the Village, the manager stated the Police ire working on several projects. He reported a letter had been received from the High School stating that safety lanes must be constructed at the High School. He has discussed the matter with the Lake County Safety Commission, and probably the safety lanes can be constructed with Safety Funds on a 50/50 basis. The cost of the project would be from $10,000 to $12,000. N.S.T.C. Request $950 A letter from the North Suburban Transportation Referred to Attorney Council requested a contribution of 5G per capita, a total of $950. Trustee Slavin suggested the Village attorney gat a clarification of this request for funds, since it had been understood there would be no charges, and the matter be kept on the agenda. lst Presentation - Ordinance Youth Worker under the super - yision of the Chief The first presentation was made of an ordinance establishing the position of Professional Youth Worker to be appointed by the manager and to work of Police. "24 I 2 * 5 The manager stated a job description had been prepared and reviewed by the President and Chief of Police. Trustee Brust asked that copies be given to all Board members. Jack Leslie, President of the High School Student Council, stated the Council recommended the youth worker not be appointed by the manager, tuts- should ?.Bet)selectdd by the person to whom he will be res�.onsible. He presented petitions signed by students and others in support of this position. A lengthy discussion was had on the form of Deerfield's government, President and Board of Trustees and a manager by ordinance, and who should make appointments. The manager stated the Board of Trustees appoint the Chief of Police and the Treasurer, but the manager is the uliief;;administrator and is responsible for hiring and firing all personnel, and this powernis a major criteria of the professional manager's association. The position and appointment will*be discussed further at the next meeting. Approve Kiwanis Peanut Sale The Kiwanis Club requested permission to hold its Sept. 24 annual peanuts sale on September 24, 1971. The manager stated the Board had expressed concern about the hazards of Lions and Kiwanis members selling candy and nuts in the street at..the traffic lights, but he had found that no letters had been sent to inform the corganiza €ions informing them of the Board's concern about this practice. Trustee d� Neuman stated the Board should go on record as not permitting people to sell in the streets. The manager stated sales would be reduced if not permitted to sell in the street. Trustee Slavin stated selling in the-= street obstructed traffic -.and the Board of Trustees should reaffirm the policy that sales in the street was not permitted. Decision was made that permission be granted for peanut day, but the Kiwanis be notified that sales in the street are not permitted. President Forrest stated a copy of the letter should be sent to the Lions. Request Review of Claim Mr. R. Michael Holt, 1112 Laurel Avenue, whose House Painting, 1112 Laurel house paint had been damaged by odors and gases from the sewage treatment plant, stated the insurance company hadooffered $233.50 to paint two sides of his house in settlementof h:i.s claim. He stated the whole house must be painted and the settlement offered was unsatisfactory based on the bid be had received. After discussion on whether tYe Village should intervene on claims, the Board approved the Village attorney's suggestion that the insurance company be requested to review the claim and settlement offer. Trustee Neuman suggested that Mr. Holt get additional bids as there can be great variations in prices. Hazel - Chestnut -Park Traffic Referred to Safety Council be-done-about the hazardous crossing. After discussion be made until the matter is _ Mr. Walter Moses, Safety Council Chairman, stated five or six residents had attended the last meeting of the Council and had insisted something intersection of Hazel.- Park - Chestnut and the railroad the Council had decided that no recommendations should referred to the Council by the Board. Mrs.Phyllis Blome, Greenwood Avenue, stated this intersection was a Village problem involving three heavily travelled streets and the steeply graded Hazel Avenue railroad crossing, which severely limits sight distances. She pointed out this intersection was hazardous to pedestrians, particularly school children, as well as automobile traffic. She suggested that trucks be re- routed as proposed by Mr. Paul Box, and that consideration be given to making Hazel Avenue a one -way street between Waukegan Road and Park AVenue, parking be prohibited on both sides of Hazel Avenue, and that a crossing guard be employed for the safety of the children going to and from school. Trustee Neuman stated there were two separate problems, 1 -the grade of the Hazel Avenue railroad crossing and 2- speeding on Hazel Avenue which was the responsibilit, of people living in the area which was shown by the Police Department survey to be residents of the vicinity who exceeded the speed limit. Mr. Moses asked that another traffic survey be made on Hazel Avenue with specific information on times, locations, and particular attention to the vicinity of the school when children are present. Trustee Slavin moved, seconded by Trustee Bootz, that the matter be referred o the Safety Council for specific consideration of the proposals mdde by Mrs4 Blome and in light of the Bax Traffic Safety Report. Trustee Neuman moved, seconded by Trustee Turner, that the Safety Council give specific attention to the railroad grade crossing problem, consult with Mr. Box, and report to the Board by the 1st of November. The motion failed by the following vote Ayes: Kelm, Neuman, Turner (3) Nays: Bootz, Brust, Slavin, Forrest (4) Mr. John Willman, Hazel Avenue, stated he had been informed by an employee of the State Highway Department that the Village does not have to provide an alternate route for trucks, and if load limits were established on Hazel Avenue by ordinance, truck traffic and its attendant hazards would be eliminated except for local deliveries. He stated he had been told the State would help in enforcing the ordinance. Trustee Slavin's motion to refer the matter to the Safety Council was adopted by the following vote: Ayes: Bootz, Brust. Kelm, Slavin, Turner (5) Nays: Neuman (1) Approve Payment $2755.32 to Trustee Kelm moved, seconded by Trustee Box - Traffic Safety Report Turner, that payment of $2,755.32 be approved to Paul C. Box and Associates for the traffic safety study, subject to approval by the treasurer. Adopted by the following vote.: Ayes: Bootz, Brust, Kelm, Neuman, Slavin, Turner (6) Nays: None (0) 1st Presentation - Ordinance An ordinance was presented to prohibit parking No Parking on Waukegan, on both sides of Waukegan Road between Deerfield Deerfield to Osterman Road and Osterman Avenue. Trustee; Kelm moved, seconded by Trustee Bootz, that the rules be waived to permit action on the ordinance at its first presentation. The motion failed by the following vote; several members stating the public should be notified: Ayes: Bootz, Kelm (2) Nays: Brust, Neuman, Slavin, Turner (4) Re: Sewage Plant Monitoring In connection with monitoring various equip- ment at the sewage treatment plants, the manager reported that.no one makes such equipment as a standard item; however Dr. Sundin and,the manufacturer of the chlorinator will see what can be worked out for such monitoring. Trustee Brust suggested that laboratory supply firms be contacted. He also stated he had written a memorandum on the sewage treatment plant, and felt there were some items which should be pursued. President Forrest s tated this matter would be discussed at a workshop meeting. Representative MassTransit A letter was received, regarding the appoint - District ment of the representative to the Mass Transit District. The Manpower Commission will inter- view people for this position during the next few weeks. The representative will be paid $25 per meeting, with a maximum of $100 per month. Reports - Communications The manager reported that the postmaster had asked that the Zip Code number be painted on the water tower when it is painted. The Board approved this requeat, Trustee Kelm voting No. Re: Burning Diseased Trees A notice was received from the Cook County Forest Preserve District that the North Burning Site will be closed after September 15, 1971 by order of the Environmental Protection Agency. The manager stated it will now be necessary to burn diseased trees behind the Village garage, and every precaution will be exercised to prevent the burning from becoming a nuisance. Trustee Neuman asked that information be obtained on choppers. He pointed out the EPA permit for burning at the Village garage is for this year only, and plans must be made now for disposal of trees after the permit has expired. The manager stated it may be necessary to haul trees, to a landfill., Reports The manager reported he had met with Messrs. Sackheim, Jursich and Molder regarding the pirchase of the south 240' by 420' parcel of the Sackheim property for a nursing Home. They will meet with the Plan Commission to discuss the proposal. The building commissioner has notified Mr. John Glorioso that trees must be planted in Zaurel Hill Subdivision, Unit #2, within 30 days, of the Village will arrange for the planting with payment from escrow funds. t� Ci Authorize Ordinance- Non - Discrimination Certificate with Bids The Villaga attorney prepared a Certificate of Non - Discrimination to be submitted by all firms bidding on Village jobs. Trustee Neuman moved, seconded by Trustee Slavin, that an ordinance be prepared by the Village attorney to require certificates of non - discrimination with all bids, to be made specifically enforceable by the Village. Adopted by the following vote: Ayes: Bootz, Brust. Kelm, Neuman, Slavin (5) Nays: Turner (1) Reports- Communications The manager reported the Boy Scouts will have a bonfire , and to avoid conflict with EPA regulations, will use it for a cook -out. A letter pas received from Baxter & Woodman regarding pre - chlorination of sewage. The manager will get cost figures. The manager repo "rted',.PuUlicsWorks:D redt6r Klasinski had attended the Illinois Pollution Control meeting in Waukegan. The League of Women Voters testified as well as a number of attorneys. Representative John Henry Kleine asked for revocation of the sewer ban. A letter from Dr. Hal Sundin of Baxter & Woodman stated the term of the contract for sewage treatment plant improvements was four to six months. The manager reported on the Public Hearing of the Northeastern Illinois Planning Commission on regional wastewater plans. The Deerfield plant will be retained. The Village of Deerfield was invited by the United Community Services of Lake County to participate in a parade to be held October 2nd in Waukegan. They also asked that the week of October 2 -9 be designated United Community Services Week in the Village. Trustee Slavin moved, seconded by Trustee Turner, that the week be so designated. The Lions Club asked for a Proclamation designating the week of September 24 to Geptember 30 as Sight Conse- iation Week, and the week of October 3 -9 as Lions Week for the Visually Handicapped:'. Trustee Slavin moved, seconded by Trustee Bootz, that the Proclamation be approved. Motion carried unanimously. The manager stated that someone should be designated before October 17th to represent the Village at the Illinois Municipal League conference in Peoria. President Forrest stated he would try to attend the conference. Ordinance -Mun. Code Amend. Sec. 20.602 Reletteting Subsections (0- 71 -43) relettering subsections (a), (b), (c), as Subsections (c), (d), (e), (f), (g) The Village attorney presented an ordinance amending Section 20.602 of the Municipal Code as amended by Ordinance No. 0 -71 -30 pertaining to use of breathalyzers, by redesignating and (d), (e) and (f) as therein set forth to read and (h) of said Section 20.602. Trustee Slavin moved, seconded by Trustee Bootz, that the rules be waived to permit action on the ordinance at its first presentation. Motion carried unanimously. Trustee Bootz then moved, seconded by Trustee Slavin, that the ordinance be passed. Adopted by the following vote: Ayes: Bootz, Brust, Kelm, Neuman, Slavin (5) Nays: Turner (1) Trustee Neuman proposed a workshop session on procedures with particular attention to referrals to advisory boards and commissions. President Forrest suggested Monday, September 27th for a workshop meeting, and the Board approved this date. President Forrest also stated a workshop meeting should be arranged with the Plan Commission to discuss priorities for implementation of the Comprehensive Plan. In connection with the sale of peanuts'rby the Kiwanis Club, Trustee Slavin stated he assumed sellers in the street would be prosecuted. There being no further business, on motion by Trustee Turner, seconded by Trustee Neuman, the meeting was adjourned at 11:40 p.m. APPROVED: Attest; � � President Village Clerk �-ce_