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09/17/2002;y September 17, 2002 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Harris in the Council Chamber of the Village Hall on Tuesday, September 17, 2002 at 7:33 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Jerry Kayne Derek Ragona Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE Mayor Harris led those in attendance in reciting the Pledge of Allegiance. APPROVAL OF MINUTES Trustee Ragona made a motion to approve the minutes of the September 3rd Board of Trustees meeting. Trustee Rosenthal seconded the motion. Trustee Ragona noted one change and one addition to the minutes. He wanted language included in the Demitri Restaurant request for outdoor seating that it was agreed that the outdoor provision was for Demitri's only and for evening use only. He also noted a correction in the voting for the front yard variation at 801 Kenton Road. The minutes should reflect that the reconsideration motion was made at the August 19, 2002 meeting and then tabled. A motion to approve the minutes as amended passed unanimously. KIWANIS PROCLAMATION The village manager read a proclamation designating September 27, 2002 as Peanut Day in Deerfield. Robert Speckmann was present and accepted the proclamation on behalf of the local Kiwanis Club. BILLS AND PAYROLL Trustee Ragona made a motion to approve the Bills and Payroll. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) TREASURER'S REPORT Robert Fialkowski presented highlights from the August Treasurer's Report. Increased water sales revenue is the result of the dry summer and increased usage. Sales tax has resumed its upward trend that should continue; the running 12 -month sales tax is 3.4% over the prior year. General Fund revenues are at 33.4% of the total budgeted. General Fund expenditures are at 25.4% of budget. Hotel/motel tax continues to recover month to month. As of August 31, 2002, 100% of available cash was invested at an average interest rate of 3.84% compared to an average rate of 1.63% for the 90-day Treasury bill. POLICE PROMOTION Chief Sliozis announced the promotion of Jack Yagecic to the rank of Sergeant. Officer Yagecic was a police officer in Philadelphia for nineteen years and has been with the Deerfield department since 1990. He has worked extensively with the Lake County Major Crimes Task Force and has served as an evidence technician at numerous crime scenes. Mr. Franz, in his capacity as village clerk, administered the oath of office. 1 1 1 Board of Trustees Meeting September 17, 2002 Page 2 of 4 REPORT ON Director of Community Development Barbara Houpt presented DEPARTMENTAL OBJECTIVES highlights from her six -month report on departmental objectives. . The department is extremely busy but has tried to shorten the waiting period for issuing building permits. Tear down activity continues to increase and shows no sign of slowing down. The village remains very active in the Community Grading System program administered by the Federal Emergency Management Agency. Ms. Houpt presented to the board a plaque showing Deerfield's class rating of 8 demonstrating its efforts to protect its citizens from losses caused by flooding. Each rating reduction generally amounts to a 5% decrease in insurance premiums for those required to have flood insurance. PUBLIC COMMENT Gil Antolkal, 940 Wayne Avenue, announced that the next blood drive will be on Sunday, September 22 °a at the park district community center. He also reported on a project jointly sponsored by the youth council, park district and DBR Chamber of Commerce involving a scarecrow contest in conjunction with Halloween Hoopla scheduled for October 26th for all middle school children. CONSENT AGENDA ORDINANCE APPROVING An ordinance approving an amendment to Special Use to permit AMENDMENT TO SPECIAL USE - a seasonal outdoor seating area for Demitri's Restaurant at 660 OUTDOOR SEATING — DEMITRI'S Lake Cook Road. Trustee Ragona asked that language be included in the ordinance stating that the outdoor seating is for evening use only. This ordinance, as amended, will stand as first reading. OLD BUSINESS AT &T BROADBAND Jesse Rotman, Chairman of the Cable & Telecommunications SETTLEMENT Commission, summarized the settlement proposal with AT &T Broadband. The commission recommends acceptance of a $10,000 settlement for all outstanding franchise violations. They further recommend that it be binding on AT &T Broadband returning to the negotiating table to resolve all remaining issues relating to "most favored nation" language in the franchise agreement. Mr. Rotman is also optimistic that AT &T will agree to help fund the upgrading of equipment in the control room at the village hall, and in pre- wiring the new senior center for cable service. Trustee Rosenthal made a motion, seconded by Trustee Seiden, to approve a settlement agreement with AT &T Broadband. The motion passed by the following vote: AYES: Kayne, Ragona, Rosenthal, Seiden, Swanson, Wylie (6) NAYS: None (0) ORDINANCE APPROVING Mayor Harris announced that these two items would be VILLAGE LOGO & RESOLUTION considered together. The village attorney summarized the work RE: NON - COMMERCIAL USE to date on approving an official village logo and establishing a policy for non - commercial use of it. The resolution states that anyone using the logo should also provide a disclaimer that the Village of Deerfield does not endorse the speaker and that the views or opinions expressed are not those of the village. Trustee Swanson commented that he does not believe that the ordinance belongs in the municipal code since it is not enforceable. Trustee Ragona stated that he opposes both the ordinance and the resolution since, in his opinion, they would be in violation of the First Amendment to the Bill of Rights. Board of Trustees Meeting September 17, 2002 Page 3 of 4 After a brief discussion, it was agreed that both items should be considered together at the next board meeting. This will stand as first reading on the ordinance. Trustee Rosenthal moved, seconded by Trustee Ragona, to table the items. The motion passed by the following vote: AYES: Ragona, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: Kayne (1) NEW BUSINESS THIRD PARTY The Director of Finance summarized his written report UTILITY BILLING describing the benefits of outsourcing the preparation of utility bills. They include: less staff time committed to this function; a more modem professional looking bill; enhanced bill payment options; and less chance of bills getting lost in the mail. Board members had several questions regarding this concept. It was agreed that no action should be taken until staff reports back to the board with additional information on the subject. RESOLUTION — COM ED The manager described an agreement negotiated by the TREE TRIMMING Northwest Municipal Conference, of which Deerfield is a member, approving standards and procedures for tree - trimming by ComEd within the public right -of -way and utility easements. It has been signed by 162 municipalities and provides for: consistent trimming practices; a four -year trimming cycle; ComEd vouchers for replacement trees; and collective bargaining to enhance future versions of the agreement. After some discussion, it was agreed to hold this item over until November thereby giving residents an opportunity to comment on the agreement before further action by the board. DISCUSSION Trustee Ragona reported that the household electronics collection in Lincolnshire was very successful with 86 of the 630 participants from Deerfield. On behalf of SWALCO, he thanked public works for sending employees to help with the collection. He also announced that, as part of the library's 75 anniversary, a Story Bus co- sponsored by the village and library will be at the library on Sunday, September 29h. Mayor Harris reminded everyone of the meeting with Wintrust Financial on Thursday, September 19'' to discuss the Lindemann property. MANAGER REPORT The manager invited the public to an open house in the newly renovated police department on Saturday, September 21" from 10 a.m. to 1 p.m. Also, he noted that the next meeting of the board will be on Monday, October 7`h. �7 0 1 0 Board of Trustees Meeting September 17, 2002 Page 4 of 4 ADJOURNMENT meeting. The motion passed unanimously ATTEST: Village Clerk c"JA There being no further business to discuss, Trustee Rosenthal made a motion, seconded by Trustee Ragona, to adjourn the The meeting was adjourned at 8:38 P.M. .f ;;1 �2�._6 I I 1