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08/02/2004Ll 1 August 2, 2004 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, August 2, 2004, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Jerry Kayne Harriet Rosenthal William Seiden Matthew Wylie Absent: Vernon Swanson and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Village Manager Robert Franz. PLEDGE OF ALLEGIANCE Julie Sherman led those in attendance in reciting the Pledge of Allegiance. Mayor Harris then presented her with a small memento in thanks for her years of service with the VCDC and the Farmers Market. Mrs. Sherman will soon be moving with her family to California. APPROVAL OF MINUTES Trustee Benton made a motion to approve the minutes of the July 19th Board of Trustees meeting and the July 26th Committee of the Whole meeting. Trustee Kayne seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Rosenthal moved to approve the Bills and Payroll. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) PUBLIC COMMENT There was no public comment on non agenda items. REPORTS REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR FRONT YARD hearing on July 7th to consider the request of VARIATION -MR. AND MRS. ROBERT Robert and Laurie Rosen for their property at ROSIN, 550 BRIERHILL ROAD 550 Brierhill Road. The petitioners are requesting permission to develop the property with a single family residence positioned with a front yard setback of 140' in lieu of the established front yard setback of 1751. This request was previously heard by the BZA and approved by the Board of Trustees in June of 2000 but was not acted upon within the stipulated one year time requirement. The variation therefore expired. The BZA once again considered the request and, by a vote of 4 -0 recommended-that it be approved. Board of Trustees Meeting August 2, 2004 Page 2 of 7 Trustee Rosenthal moved to accept the report and recommendation of the BZA and to direct preparation of an ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) REPORT AND RECOMMENDATION OF BZA The Board of Zoning Appeals held a public RE REQUEST FOR SIDE YARD VARIATION, hearing on July 7th to consider the request of SHENA AUSTIN, 1036 FAIR OAKS Shena Austin for a side yard variation for her property at 1036 Fair Oaks Avenue. The variation would extend the east line of the existing house an additional 20' parallel to and within 5' of the east property line, thereby reducing the side yard setback by 31. The BZA took into consideration the fact that the variation requirement is the result of an ordinance change from the 1950's, in addition to the,fact that the request was the minimum adjustment necessary to allow the addition. By a vote of 4 -0, they voted to approve the petitioner's request. Trustee Seiden moved to accept the report and recommendation of the BZA and to direct preparation of an ordinance. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) REPORT AND RECOMMENDATION OF THE Paul Diambri, Chairman of the Cable and CABLE AND TELECOMMUNICATIONS Telecommunications Commission, explained that COMMISSION RE: CELLULAR SITE AT Crown Castle is asking the Village to extend LAKE COOK AND PFINGSTEN ROADS its lease for the cellular site located at Lake Cook and Pfingsten Roads. The lease expires on June 30, 2006. Crown Castle initially offered the sum of $4,800 annually, then followed up with a proposal in the sum of $9,000 annually with a 25 year lease term. It is the opinion of the Cable and Telecommunications Commission that, since the site is ideal for the location of telecommunications facilities, the rental offer is too low and should be rejected. Mr. Diambri suggested that if Crown Castle is not willing to make a better offer, the Village should allow the rental agreement to lapse and deal directly with the. current carriers, as well as with others who have indicated a desire to-locate at the site. After discussion, Trustee Rosenthal moved to accept the report and recommendation of the Cable and Telecommunications Commission and to reject the Crown Castle offer in the amount of $9,000 per year. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) CONSENT AGENDA There was no Consent Agenda for this meeting. 1 1 C Board of Trustees Meeting August 2, 2004 Page 3 of 7 OLD BUSINESS RESOLUTION R -04 -04 AUTHORIZING The cost for the Deerfield Road Federal Aid MAYOR TO SIGN AGREEMENT FOR FEDERAL Improvement, Construction and Phase III PARTICIPATION RE DEERFIELD ROAD Engineering Services, will total approximately REHABILITATION PROJECT $3,543,300. It is necessary for the Village to sign an agreement for cost sharing. The Federal Surface Transportation Program (STP) would pay-70%, the Village would pay 24 %, and the Lake County Department of Transportation would pay 6 %. The agreement stipulates that the Village agrees to pay the local match to the federal funds for the roadway improvements east of Wilmot Road and the traffic signal at Deerfield and Chestnut. Lake County agrees to pay the local match for the traffic signals at Deerfield and Wilmot and at Deerfield and Castlewood, as well as the roadway improvements from Wilmot to Castlewood. The Village will reimburse Lake County for routine maintenance costs at the intersections of Deerfield Road at Castlewood and Deerfield Road at Wilmot. All future traffic signal modernization or revision at these intersections will be paid fully by Lake County without reimbursement by the Village. Trustee Rosenthal made a motion to authorize Mayor Harris to sign the agreement. Trustee Benton seconded the motion. After discussion, the motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) RESOLUTION R -04 -05 ASSURING The Village has requested approval of the Lake REPAYMENT OF ADVANCE FUNDING FROM County Council of Mayors (CATS) for use of FEDERAL GOVERNMENT RE DEERFIELD Surface Transportation Program (STP) funds for ROAD REHABILITATION PROJECT the construction and the construction engineering of the improvements to Deerfield Road in the amount of $1,256,162. An advance is necessary for a specific project when there are insufficient funds in a given year to allocate to all selected projects. In this case, the Deerfield Road project was the last Lake County Council project approved for funding in this fiscal year. The federal allocation for the project exceeded funds available in the balance of the Lake County Council of Mayors STP program. The advance requires a resolution from the Village containing assurances that any advanced STP funds for the improvements will be repaid in the event that locally programmed STP funds are not available to the Council of Mayors in federal fiscal years 2004 and 2005. Mrs. Little has recently learned that the State does have sufficient monies for all the advanced funds requested by local councils for their local projects. However, following protocol, the resolution is still required. After discussion Trustee Rosenthal made a motion to adopt the resolution. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Board of Trustees Meeting August 2, 2004 Page 4 of 7 NEW BUSINESS AUTHORIZATION TO REPLACE Quotes were obtained from Vaughan Company, SUBMERSIBLE PUMPS AT THE DEERFIELD Inc. (the only company that make a submersible ROAD LIFT STATION chopper style pump) for three submersible chopper pumps to replace the existing ones at the Deerfield Road Lift Station. The cost for a single pump is $14,895 plus an estimated freight cost of $700 for a total cost of $15,595. For three pumps the cost is $44,685 plus an estimated $1,200 shipping for a total cost of $45,885. The Wastewater Reclamation Facility foreman recommends that the Village purchase one pump initially to install and operate in order to evaluate how it functions. If satisfactory, the other two would be purchased. Mrs. Little concurs with the recommendation and requests authorization to purchase three submersible chopper pumps from Vaughan Company, Inc. at the quoted unit price of $14,895 each plus shipping, up to a total price of $47,000. Trustee Rosenthal so moved. Trustee Kayne seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) ORDINANCE 0 -04 -41 AUTHORIZING The Police Department is asking for an THE DECLARATION OF TWO UNMARKED ordinance declaring two unmarked police cars POLICE VEHICLES AS SURPLUS as surplus property. Because the scheduled PROPERTY, FIRST READING auction date for the cars is August 14th, Chief Sliozis is requesting a waiver of the rules. The two vehicles are a 1999 Chevrolet Lumina scheduled for replacement this year and a 1992 Chevrolet Caprice, which originally served as an unmarked police vehicle and has been utilized by Community Development staff for the past several years. It has already been replaced by another unmarked police car. Trustee Rosenthal moved for a waiver of rules. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) Trustee Rosenthal moved for adoption of the ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AGENDA ITEM 4 -61 -1, AN ORDINANCE AUTHORIZING THE SALE OF 2 UNMARKED POLICE VEHICLES, FIRST READING AUTHORIZATION TO PURCHASE ONE UNMARKED SQUAD CAR Impala at a total cost of $16,123. This agenda item, which the Village Attorney felt was unnecessary, was removed from the the agenda. Chief Sliozis is requesting authorization to purchase one unmarked police vehicle. The vehicle to be purchased is a 2004 Chevrolet It will replace a 1999 Chevrolet Lumina that 1 L_ 1 Board of Trustees Meeting August 2, 2004 Page 5 of 7 will be sold at auction. The vehicle would be purchased from Miles Chevrolet, Inc., which holds the State Bid Contract. Trustee Seiden moved to authorize the purchase of the unmarked police vehicle at a cost not to exceed $16,123. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AUTHORIZATION TO PURCHASE POLICE Chief Sliozis is requesting authorization to DISPATCH RADIO CONSOLE replace the radio console located in the Communication Center of the Police Department. The current console is 8 years old and is not compliant with requirements established by the Americans with Disabilities Act, the Occupational Safety and Health Act, and the American National Standards Institute. Additionally, the console was designed for smaller, built -in monitors that no longer accommodate the technology of the department's computer aided dispatch system. Three vendors were contacted concerning the project. XYBIX is the only one of them to respond with an equipment list and design that fits the department's needs. Chief Sliozis is therefore asking the Board to waive the bidding process and authorize the purchase and installation of a radio console from XYBIX Systems, Inc. at a cost not to exceed $30,000. Chief Sliozis noted that there will be no loss of service during the two day installation. Trustee Wylie made a motion to approve the purchase for a total cost not to exceed $30,000. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) AN ORDINANCE AUTHORIZING TRAFFIC Chief Sliozis explained that the Village ENFORCEMENT AGREEMENT WITH has agreements with the high school currently. DEERFIELD HIGH SCHOOL AND AN The new ordinances would reflect changes made ORDINANCE AUTHORIZING PARKING in the configuration of the roadway due to the ENFORCEMENT AGREEMENT WITH expansion of the high school. The ordinances DEERFIELD HIGH SCHOOL allow for enforcement of fire lane and handicap parking violations, as well as traffic enforcement for speed and stop sign violations on high school property. This will stand as a First Reading for the two ordinances. ORDINANCE RE IMPOSITION OF HOME During the budget process staff proposed RULE SALES TAX imposition of a .5% home rule sales tax, and the 2004 -05 budget was approved including revenue from the proposed tax. Revenue from the tax would be split between the General Fund for operations and the Infrastructure Replacement Fund for future capital projects. The tax would go into effect January 1, 2005. The finance director's estimate for the total annual revenue from the tax is $1,224,000. He recommends adoption of an ordinance imposing the home rule sales tax. This will stand as a First Reading. Board of Trustees Meeting August 2, 2004 Page 6 of 7 AUTHORIZATION FOR MAYOR TO SIGN The current vendor at the Deerfield Road train AGREEMENT WITH VENDOR AT THE station is retiring and has suggested that the DEERFIELD ROAD TRAIN STATION concession rights be given to Boris Davidov of Vernon Hills. Staff has interviewed Mr. Davidov and finds no reason to deny him a contract to operate a food concession service at the train station. The contract would be for a term of three years, with a rental fee of $5,700 per year ($475 per month) payable to the Village. Mr. Davidov is asking for two changes from the current operation: the right to sell tobacco products and the inclusion of two snack vending machines (one for food and one for beverages). Trustees discussed the requests for several minutes. Trustee Benton made a motion to include in the contract permission for the concessionaire to sell tobacco products at the train station during the hours he is in attendance. Trustee Rosenthal seconded the motion. The motion failed. The vote was as follows: AYES: Benton, Rosenthal (2) NAYS: Kayne, Seiden, Wylie (3) Trustee Seiden made a motion to approve the concessionaire's request to have a snack vending machine and a soft drink vending machine at the train station. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Seiden (3) NAYS: Rosenthal, Wylie (2) Trustee Rosenthal made a motion to authorize Mayor Harris to sign the agreement with the vendor at the Deerfield Road train station, with the inclusion of two vending machines, one for food and one for soft drinks. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5) NAYS: None (0) DISCUSSION REQUEST BY BRUNSWICK BOWLING Mr. Franz reported that representatives of Brunswick Bowling have asked for the opportunity to present their case for allowing coin operated amusement devices at their business. Unless the Board is disinclined to consider the matter, it will be put on the agenda for the next meeting. Trustee Seiden responded that, along with hearing from the petitioners, he would like to have a report from staff regarding the Village's experience with the Brunswick operation. COMMITTEE OF THE WHOLE Mr. Franz reported that following tonight's regular meeting there will be a Committee of the Whole meeting to continue review of the Comprehensive Plan. Proper notice of the meeting was given. I I I Board of Trustees Meeting August 2, 2004 Page 7 of 7 ADJOURNMENT There being no further business to discuss, Trustee Kayne made a motion to adjourn to the Committee of the Whole meeting. Trustee Wylie ed the motion. The motion passed unanimously. The meeting was adjourn´┐Żat 8:3 p.m. ATTEST: Vi age Cler APP Mayor