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11/15/2004November 15, 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, November 15, 2004, at 7:30 P.M. The Clerk called the roll and announced that the following were: Present: Steve Harris, Mayor Robert Benton Harriet Rosenthal William Seiden Vernon Swanson Matthew Wylie Absent: Jerry Kayne and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Assistant to the Village Manager Philip Kiraly. PLEDGE OF ALLEGIANCE Joe Pugliese, Commander of Deerfield's American Legion chapter, Plan Commission member, and co- president of the senior men's club, led those in attendance in reciting the Pledge of Allegiance. GET WELL WISHES Mayor Harris wished a speedy recovery to Village Manager Bob Franz, who is at home convalescing from eye surgery. APPROVAL OF MINUTES Trustee Wylie made a motion to approve the minutes of the previous meeting. Trustee Seiden seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Rosenthal made a motion to approve the Bills and Payroll. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) TREASURER'S REPORT Bob Fialkowski presented highlights from the October Treasurer's Report. Sales tax received in October (for July sales) is a 9.9% increase over the same period last year. Water sales have also been strong. As of October 31, 2004, 100% of available cash was invested at an estimated average interest rate of 2.93% compared to an average rate of 1.78% for the 90 -day Treasury Bill. PUBLIC COMMENT There was no public comment on non - agenda items. REPORTS REPORT OF THE FINE ARTS COMMISSION Maer Davis, Chairperson of the Fine Arts REQUESTING APPROVAL OF A REVISION Commission, was in attendance to request that Board of Trustees Meeting November 15, 2004 Page 2" of- 6 TO THE CONTRACT WITH D &W EVENTS TO the date of the 2005 Festival of Fine Arts be CHANGE THE DATE OF THE FESTIVAL OF changed from the Memorial Day weekend to June FINE ARTS 11 and 12. The request comes from D &W Events on behalf of the artists, who are hoping the weather for these dates will be better than the rain they have encountered for previous shows in Deerfield. Mr. Davis noted that there are no other suburban art fairs scheduled for that weekend. Trustee Seiden moved to approve the change of date for the Festival of Fine Arts to June 11 and 12. Trustee Benton seconded the motion. The motion passed unanimously. Mr. Davis then briefly updated the Board on the progress of the Centennial Sculpture. ORDINANCE 0 -04 -63 AUTHORIZING A WALL SIGN FOR BUILDING NINE IN PARKWAY NORTH CENTER AS AN AMENDMENT TO THE APPROVED SIGNAGE PLAN FOR PARKWAY NORTH CENTER AND APPROVING A SPECIAL USE FOR A CAFETERIA IN BUILDING NINE (CARR AMERICA CONSENT AGENDA An ordinance authorizing a wall sign for the Meridian Group in the Nine Parkway North building and approving a special use for a cafeteria in Building Nine. Second Reading. ORDINANCE O =04 -64 AMENDING THE An ordinance amending the Zoning Ordinance to ZONING ORDINANCE TO AUTHORIZE authorize private high schools as a Special PRIVATE HIGH SCHOOLS AS A SPECIAL Use Planned Unit Development in the I -1 USE PLANNED UNIT DEVELOPMENT IN THE Office, Research and Restricted Industrial I -1 OFFICE RESEARCH AND RESTRICTED District. Second Reading. INDUSTRIAL DISTRICT ( CHICAGOLAND JEWISH HIGH SCHOOL) ORDINANCE 0 -04 -65 APPROVING A FINAL An ordinance approving a final development DEVELOPMENT PLAN AND AUTHORIZING A plan and authorizing a special use planned SPECIAL USE PLANNED UNIT DEVELOP- unit development for the Chicagoland Jewish MENT FOR THE CHICAGOLAND JEWISH High School in the I -1 Office, Research and HIGH SCHOOL IN THE I -1 OFFICE, Restricted Industrial District. Second RESEARCH AND RESTRICTED INDUSTRIAL Reading. DISTRICT ORDINANCE 0 -04 -66 AMENDING ARTICLE An ordinance amending Article 9.02 -C of the 9.02 -C OF THE ZONING ORDINANCE TO zoning ordinance to authorize signage for AUTHORIZE SIGNAGE FOR PRIVATE HIGH private high school facilities in the I -1 SCHOOL FACILITIES IN THE I -1 OFFICE Office, Research and Restricted Industrial RESEARCH AND RESTRICTED INDUSTRIAL District. Second Reading. DISTRICT ( CHICAGOLAND JEWISH HIGH SCHOOL RESOLUTION R -04 -08 APPOINTING AN ALTERNATE DIRECTOR TO THE SOLID WASTE AGENCY OF LAKE COUNTY 4/30/05. Due to the resignation of Diane Mikula, who served as alternate director to SWALCO, staff is recommending that Philip Kiraly be named alternate director for the term ending 1 1 Board of Trustees Meeting November 15, 2004 Page 3 of 6 Trustee Seiden moved for passage of the Consent Agenda and adoption of the ordinances. Trustee Swanson seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) Trustee Benton recommended to Richard Schoenstadt, attorney for Chicagoland Jewish High School, that he or another CJHS representative be involved in upcoming discussions regarding the Lake Cook Road improvement project. OLD BUSINESS There was no Old Business on this agenda. NEW BUSINESS ORDINANCE 0 -04 -67 TEMPORARILY Chief Sliozis reported that, due to the AMENDING NUMBER OF AUTHORIZED absence (expected to be extended) of an PERSONNEL FOR POLICE DEPARTMENT injured officer, he is requesting author- ization to temporarily amend Chapter 2, Article 9, Section 2 -102 of the Village Code to-increase the number of patrol officers from 28 to 29. The amendment would allow the hiring and training of one additional officer, who would fill the vacancy caused by the injured officer.- The number of patrol officers would revert back to 28 with the retirement of any sworn member of the department. Chief Sliozis asked for a waiver of the rules so the ordinance could be passed on First Reading, which would expedite the hiring process. Trustee Wylie moved for a waiver of the rules. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) Trustee Rosenthal moved for adoption of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) AUTHORIZATION TO SIGN RECIPROCAL Chief Sliozis is requesting authorization to REPORTING AGREEMENT WITH DEERFIELD enter into a reciprocal reporting agreement HIGH SCHOOL DISTRICT 113 between the Police Department and Township High School District 113. The agreement will allow for the reciprocal reporting of criminal offenses committed by students. Protocol has already been established that will allow for the lawful and timely exchange of such information. The department has had a similar agreement with the school district since December 2002. Recent changes in state statute now.allow for the reporting of ordinance violations, and the agreement reflects that change. Board of Trustees Meeting November 15, 2004 Page 4 of 6 Trustee Benton moved to authorize Chief Sliozis to sign the agreement. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) ORDINANCE REPEALING SECTION 15 -3 Illinois Statute 20 ILCS 301/55 -15 prohibits OF THE MUNICIPAL CODE OF THE municipalities from enforcing any law that VILLAGE OF DEERFIELD includes being intoxicated as the sole basis of an offense. Section 15 -3 of the Municipal Code, "Intoxication ", was enacted prior to the current statute and is now unenforceable. Therefore Chief Sliozis is recommending that an ordinance be adopted repealing it. He noted that driving under the influence of alcohol (DUI) is excluded from Illinois Statute 20 ILCS 301/55 -15. This will stand as a First Reading. AUTHORIZATION TO AWARD CONTRACT The Engineering Department requested and FOR THE AMBLESIDE- DIMMEYDALE WATER received proposals from three consultants to MAIN PROJECT design a replacement water main serving approximately 50 homes in the Village. The project, known as the Ambleside - Dimmeydale water main project, will be constructed in the summer of 2005. It will be funded solely with Village water funds. Mrs. Little recommends that the contract be awarded to Clark Dietz, which submitted the lowest proposal in the amount of $36,925. Mrs. Little noted that consultant services will also be needed during construction but will be awarded at a later date. Trustee Rosenthal made a motion to award the contract to Clark Dietz for an amount not to exceed $36,925. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) Mrs. Little then briefly updated the Board on the progress of the pedestrian bridge, the Osterman /Waukegan intersection, and other Village projects. AUTHORIZATION TO PREPARE AN The Construction Management Ordinance requires ORDINANCE TO REQUIRE FENCING AROUND security fencing around construction sites in EXCAVATIONS IN NON- RESIDENTIAL residential zoning districts; however, there AREAS is no such requirement for security fencing around excavations in non - residential zoning districts. It has been the practice of building department personnel to require commercial construction projects, on a case -by -case basis, to implement appropriate security measures when they deem it necessary; however, there is no express authority for that practice. Trustee Seiden is recommending that an ordinance be prepared to expressly authorize the building department to require appropriate security measures around non - residential construction excavation sites when they deem it necessary or appropriate for public safety. Trustee Wylie suggested that the ordinance be expanded to include the Village's own projects. This was discussed, with Mr. 11 1 1 Board of Trustees Meeting November 15, 2004 Page 5 of 6 C7 Coblentz recommending against the Village legislating its own conduct. It was decided that Mr. Coblentz will draft the ordinance as he thinks appropriate, and the Board may discuss it and ask for changes at the next meeting. Trustee Benton moved to authorize preparation of the ordinance. Trustee Wylie seconded the motion. The motion passed by the following vote: AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) ORDINANCE ESTABLISHING THE Mayor Harris explained that a new commission, COMMUNITY RELATIONS COMMISSION to be called the Community Relations Commission, will combine the Youth Council and the Human Relations Commission, which have overlapping responsibilities. Jerry Witkovsky, currently chairperson of the Human Relations Commission, will chair the new Community Relations Commission. Mr. Witkovsky the decision to combine the two groups, input was the school districts, the park district and other having a commission that focuses on families woul, multiple groups that each focus on one particular function of the new commission will be to provide volunteerism in the community. reported that, prior to making sought from representatives of groups. It was agreed that I be preferable to having segment of the population. One a central address for Trustees discussed the proposed new commission. Trustee Rosenthal commented that the Human Relations Commission had as one of its duties to consider subsidies for low income senior citizens. Trustees agreed that this function should be a duty of the Community Relations Commission. After further discussion it was agreed that Mr. Coblentz will provide a revised ordinance for discussion at the next meeting. Mayor Harris noted that a draft mission statement will be included in the next distribution. This will stand as a First Reading. REQUEST FOR ADDITION OF A POSITION The Finance Department has been recruiting to CLASSIFICATION TO THE SALARY fill a newly created accountant position that SCHEDULE was created by the vacancy in the Financial Secretary position. It was initially thought that the salary range that serviced the Financial Secretary position would suffice to attract a qualified candidate, but this was not the case. Accordingly Mr. Fialkowski is requesting the addition of the position of Accountant to the salary schedule with an FQE of $63,109. A candidate with significant municipal accounting experience has been identified who could be hired within that salary range. This change will not increase the number of authorized employees and, due to the vacancy in the position, there is sufficient budget available to hire the person without an increase in appropriation. Trustee Benton made a motion to approve the Finance Director's request to create the new position classification to the salary schedule. Trustee Wylie seconded the motion. The motion passed by the following vote: Board of Trustees Meeting November 15, 2004 Page 6 of 6 AYES: Benton, Rosenthal, Seiden, Swanson, Wylie (5) NAYS: None (0) DISCUSSION REFLECTIVE WEAR Mayor Harris reminded trustees that at the last meeting he had instructed the Village Attorney to prepare an ordinance requiring residents using the streets after dark or before dawn to wear reflective clothing. After further consideration, however, it has been decided that instead of legislating compliance, the Village will initiate an aggressive educational campaign about the advantages of reflective wear. In addition, the police department may purchase reflective items to offer to residents at cost. ECUMENICAL SERVICE Mr. Swanson reported that this year's Thanksgiving service will be held at the Zion Lutheran Church on November 24th at 7:30 p.m. LEAF PICK UP Trustee Rosenthal reminded residents that the Village's leaf pick up program ends this week. After this week, bagged leaves will be picked up by Onyx. ADJOURNMENT There being no ther business to discuss, Mayor Harris j urned the meeting at 8:28 p.m. ATTEST: k yor 1 1