12/15/2003December 15, 2003
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
Monday, December 15, 2003, at 7:30 P.M. The Clerk called the roll and announced
that the following were:
Present: Steve Harris, Mayor
Jerry Kayne
Harriet Rosenthal
William Seiden
Vernon Swanson
Matthew Wylie
Absent: Robert Benton
,and that a quorum was present and in attendance. Also present were Village
Attorney Peter Coblentz and Village Manager Robert Franz.
PLEDGE OF ALLEGIANCE Deerfield High School seniors Christina Loukas
and Samantha Papadakis led those in attendance
in reciting the Pledge of Allegiance. Miss Loukas recently won her third
consecutive IHSA diving championship and was named the top college recruit in the
U.S. for diving. Miss Papadakis took third place in diving at the State contest.
APPROVAL OF MINUTES Trustee Rosenthal made a motion to approve
the minutes of the December Vt Board of
Trustees meeting and the December 18t Committee of the Whole meeting. Trustee
Seiden seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Wylie made a motion to approve the
motion.
Bills and Payroll. Trustee Kayne seconded
The.motion passed by the following vote:
AYES: Kayne, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
the
TREASURER'S REPORT Robert Fialkowski presented highlights from
the November Treasurer's Report. Sales Tax
received in November (for August sales) is an 8.8% decrease from the same period
last year and a 5.5% increase for the last twelve -month period versus the year
before. Interest income and the hotel tax continue to under perform expectations.
As of November 30, 2003, 100% of available cash was invested at an average
interest rate of 2.71% compared to an average rate of .93% for the 90 -day Treasury
bill.
HAPPY BIRTHDAY TO TRUSTEE SWANSON Mayor Harris, acknowledged the recent 80th
birthday of Trustee Swanson and invited
everyone to celebrate with cake and coffee after the Board meeting.
PUBLIC COMMENT Paul Eck commented that if the Village would
benefit from having a portion of their
property at 755 Chestnut Street for the upcoming Deerfield Road widening project,
he and his wife would be willing to discuss the matter.
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Board of Trustees Meeting
December 15, 2003
Page 2 of 4
REPORT AND RECOMMENDATION OF PLAN
COMMISSION RE REQUEST FOR AMENDMENT
TO SPECIAL USE TO PERMIT ADDITIONS
TO HOLY CROSS CHURCH -724 ELDER LANE
approved. The motion passed 5 -0, w
REPORTS
The Plan Commission held a public hearing on
November 13`h. It is their recommendation that
Holy Cross Church's request for an amendment
to a Special Use to permit the proposed 4900
square feet addition to the church be
ith one member recusing.
Carrie Schmidt, 1011 Springfield, commented
that her yard already.gets a lot of water, and she is concerned that the addition
to the church might make the situation worse. Mr. Franz responded that the area
where the expansion is to occur is already blacktopped, so the project should not
exacerbate the problem. However, the Schmidt property does need to be looked at
by staff to see why the water problem is occurring and what can be done to
alleviate it.
Architect Robert Nickola showed a site plan
for the proposed expansion. When completed, the orientation of the sanctuary will
face south, which is the reverse of its present orientation. The seating will
increase from 850 to 900. Existing parking is adequate, with no additional
parking planned. Mr. Nikola explained that, part way through the planning
process, the Village ordinance on maximum building height was revised, so the
proposed 42' roof height, which would have been within compliance, is now 7'
higher than is permitted and will require a variation.
After further discussion, Trustee Rosenthal
moved for acceptance of the Report and Recommendation of the Plan Commission and
adoption of the ordinance. Trustee Seiden seconded the motion. The motion passed
by the following vote:
AYES: Kayne, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE APPROVING FINAL PLAT OF An ordinance approving the final plat of
SUBDIVISION, 140 BIRCHWOOD subdivision for 140 Birchwood. First Reading.
NEW BUSINESS
AUTHORIZATION TO REJECT BIDS FOR As part of the 2003 -04 Capital Improvement
BLOWER REPLACEMENT AT WASTEWATER program, aeration blower equipment is
RECLAMATION FACILITY scheduled for replacement in this fiscal year.
However, information garnered
delaying this project in order
operation of the plant. It is
Bids were requested, and three were received.
in the bidding process has led staff to recommend
to evaluate further alternatives for more efficient
therefore recommended that the bids be rejected.
Trustee Swanson so moved. Trustee Rosenthal
seconded the motion. The motion passed unanimously.
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Board of Trustees Meeting
December 15, 2003
Page 3 of 4
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AUTHORIZATION FOR MAYOR TO SIGN PrimeCo, a cellular communications company,
INTERGOVERNMENTAL AGREEMENT FOR filed a class action lawsuit challenging the
THE SHARING OF LITIGATION COSTS - 1% municipal infrastructure maintenance fee
PRIMECO IMF CLASS ACTION LAWSUIT authorized by state statute. PrimeCo argues
that they should not be required to pay local
infrastructure maintenance fees because their equipment is not located within the
right -of -way of the municipalities they are suing.
The Village of Skokie was named by the court
as the defendant class representative and appointed Jack Siegel of Holland &
Knight as defendant class counsel unless a municipality enters an appearance
through separate counsel.
The Northwest Municipal Conference (NWMC)
convened a regional forum on October 20th to update municipalities on the PrimeCo
litigation and to propose a joint regional effort to fund and manage the defense
of the litigation. The participants at the forum requested that an agreement be
prepared to guide the regional effort and identify potential costs.
Mr. Coblentz summarized the issue and
recommended that the Board authorize Mayor Harris to sign the agreement for the
sharing of litigation expenses. By participating in the intergovernmental
agreement the Village will.be able to participate in the direction of the defense
of the litigation and in the review of bills to be paid.
Trustee Wylie moved to authorize Mayor Harris
to sign the intergovernmental agreement for the sharing of litigation costs in the
PrimeCo class action lawsuit. Trustee Seiden seconded the motion. The motion
passed by the following vote:
AYES: Kayne, Rosenthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
nT.grf1GST0M
HOLIDAY EVENTS Mayor Harris thanked the many residents,
especially Joan Reed, whose time and effort
made Saturday's holiday activities in the Village Center such a big success.
TEAR DOWN TASK FORCE Trustee Seiden announced that the Tear Down
Task Force will meet tomorrow at 7:00 P.M.
The group is now in Phase II of their deliberations, which covers construction
maintenance and safety, trees, and historical preservation. The task force
recommendations regarding construction maintenance and safety will be brought
before the Board at the first meeting in January.
NOISE ORDINANCE Trustee Kayne asked that the Village Attorney
be instructed to prepare an ordinance amending
the Municipal Code to update the noise ordinance to include language prohibiting
construction on State and Federal legal holidays. After discussion it was agreed
that Mr. Coblentz will draft an ordinance for discussion at a subsequent meeting.
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Board of Trustees Meeting
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COMMITTEE OF THE WHOLE Mr. Franz reported that following tonight's
Board meeting there will be a Committee of the
Whole meeting. Proper notice of the meeting was given.
Mr. Franz also announced that since there are
five Mondays in December, the next Board meeting will be in three weeks, on
January 5th.
ADJOURNMENT There bei further business to discuss,
Board me ers sang Happy Birthday to Trustee
Swanson, after which Mayor Harris reminded eryo e to stay for birthday cake and
coffee. He then adjourned the meeting at 8 10
ATTEST:
Village Clerk L
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