05/21/2007May 21, 2007
The regular meeting of the board of trustees of the Village of Deerfield was called to order by
Village Manager Bob Franz in the council chamber of the village hall on Monday May 21, 2007 at
7:33 p.m. The Clerk called the roll and announced that the following were:
Present: Robert Benton
Michelle Feldman
William. Seiden
Barbara Struthers
Absent: Steve Harris, Mayor
Thomas Jester
Harriet Rosenthal
and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz "
and Bob Franz, Village Manager.
MAYOR PRO TEM In the absence of Mayor Harris, Trustee Seiden
nominated Trustee Benton to serve as Mayor Pro Tem.
Trustee Struthers seconded the motion. The motion passed unanimously.
PLEDGE OF ALLEGIANCE Mayor Pro Tem Benton led those in attendance in
reciting the Pledge of Allegiance. Mr. Franz reported
that Three Men and a Truck will hold a benefit on Sunday, June 3, 2007 from 6:00 a.m. — 6:00 p.m. at
the Deerfield High School track to benefit the West Deerfield Township Food Pantry.
APPROVAL OF MINUTES Trustee Seiden made a motion to approve the minutes
of the May 14, 2007 board of trustees meeting. Trustee
Feldman seconded the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Seiden, Struthers (4)
NAYS: None (0)
BILLS & PAYROLL Trustee Struthers made a motion to approve the Bills
and Payroll dated May 21, 2007. Trustee Feldman
seconded the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Seiden, Struthers (4)
NAYS: None (0)
TREASURER'S REPORT Mr. Franz presented highlights from the Treasurer's
Report dated April 30, 2007 representing the end of the
fiscal year. He noted that sales tax is up .8 %, net of Walgreens, and all other major revenues will end
the year at or above budget.
Board of Trustees meeting
May 21, 2007
Page 2 of 6
PUBLIC COMMENT Gil Antokal, director of the Deerfield Community Blood
Drive, invited all residents to donate blood
on June 3, 2007 between 8:00 a.m. and 1:00 p.m. at the Jewett Park Community Center.
There were no reports.
REPORTS
CONSENT AGENDA
ORDINANCE APPROVING A SPECIAL An ordinance approving a special use to allow
USE TO ALLOW OUTDOOR SEATING, outdoor seating, a sign modification and a text
A SIGN MODIFICATION AND A amendment for signage for Stoney River Legendary
TEXT AMENDMENT FOR SIGNAGE Steaks. First Reading.
FOR STONEY RIVER LEGENDARY
STEAKS —1 R
ORDINANCE APPROVNG A SPECIAL An ordinance approving a special use to allow a
USE TO ALLOW A BANK IN bank in Deerfield Shoppers Court. First Reading.
DEERFIELD SHOPPERS COURT — 1R
Mayor Pro Tern Benton read the consent agenda. There was no discussion on the consent agenda, so
the ordinances stand as a first reading.
OLD BUSINESS
AUTHORIZATION FOR THE SCHOOL
Mr. Franz explained that in order to conduct a
DISTRICT 109 EDUCATION
circus, the municipal code requires a special use
FOUNDATION AND THE DEERFIELD
permit to be issued by the board of trustees.
PARK FOUNDATION TO HOLD A
Discussion on the special use was tabled at the
CIRCUS AT BRICKYARDS PARK IN
May 7, 2007 board meeting. Trustee Seiden made
SEPTEMBER (TABLED 5/7/07)
a motion to remove the item from the table. Trustee
Struthers seconded the motion. The motion passed
unanimously.
Bill Smirles, 1410 Rosewood, representing the Park
Foundation made a PowerPoint presentation. He explained that both foundations require fundraising,
are constantly looking for ways to raise funds and want to provide an event for families and kids.
The Education Foundation believes the proposed event would also provide an educational
opportunity. Mr. Smirles believes the proposed event has a potential to net $15,000 for each
foundation. Bruce Robbins from the Education Foundation explained they are a not - for - profit
organization. Their function is to raise money to help children in Deerfield. The Education
Foundation sponsors many events for students and have awarded numerous grants to teachers for
special programs not funded by the district. Mr. Robbins explained that their main concern is to help
the village as a whole. They have been able to sponsor their programs through the hard work of the
Foundation board members. This circus event, if approved, would be the largest fundraising project.
Board of Trustees meeting
May 21, 2007
Page 3 of 6
Mr. Smirles commented that the proceeds from this
event would also help the Deerfield Park Foundation. Funds from the event would help develop a
fully accessible park at Deerspring Park, beautify the parks, provide free swimming on July 4 1 and
support other programs. He believes the funds from this event would help the community.
Mr. Smirles explained that the. Kelly Miller Circus
has leased elephants from the Endangered Ark Foundation/Miller Equipment for 24 years. They have
held numerous safe events, and he does not have any reason to believe an event in Deerfield would be
any different. Mr. Smirles explained that the Kelly. Miller Circus is regulated by the USDA and has
been compliant during inspections over the past two years. He briefly discussed the USDA
requirements and how the Kelly Miller Circus complies with the requirements.
Trustee Feldman asked for clarification about why
there was advertising and advanced tickets sales prior to a permit being issued. Mr. Franz explained
that the event was brought to the village's attention six weeks prior. At that time, they thought an
administrative permit could be granted. When they found out this was not the case, they came before
the trustees at the first meeting possible.
Karen Rappaport, 1101 Studio Lane, Riverwoods is
currently the president of Save -A -Pet Foundation in Grayslake. They are also a not - for - profit .
organization and understand the difficulties of fundraising. She believes if her children saw tortured
elephants, they would be sickened. She does not believe the village should ignore the fact that these
animals are being poked and jabbed in sensitive areas while being trained and during performances.
In the wild, elephants have a strong social structure. Circus animals are beaten into submission. As a
humane inspector, she has seen, first hand, abused animals. She believes these circuses are breaking
the laws and should not be allowed to continue. Ms. Rappaport noted that elephants carry
tuberculosis and are a health risk. The USDA has cited the Kelly Miller Circus in the past and does
not believe the village should support this event. Many towns have banned circuses using animals.
She asked the trustees to do the right thing and deny the permit for the circus in Deerfield.
Adrienne Grade, 675 Sumac, Highland Park believes
circuses are not bad, but having animals in circuses is not a good thing. She believes a non -animal
circus is the way to go. Ms. Grade discussed the poor treatment of circus animals for human
entertainment. Even though the Department of Agriculture is supposed to review all complaints, they
are understaffed and are not always timely. Ms. Grade explained that there have been numerous
deaths because of animals in circuses. She believes the trustees should not take the risk of possibly
injuring spectators.
Richard Johnson, 535 Elm Street, presented a
petition requesting that a permit for the circus be denied because of cruelty to animals and traffic
congestion. He noted that the Humane Society does not approve the Kelly Miller Circus.
Michelle Shields, 1246 Kenton, explained that the
Kelly Miller Circus has done a good job creating a marketing program. She has made many efforts to
get information from both Kelly Miller Circus and the Park Foundation, but has not received
anything. As a concerned citizen of Deerfield, she questions why they are so secretive about this
Board of Trustees meeting
May 21, 2007
Page 4 of 6
information. Ms. Shields explained that the Education Foundation- had a separate meeting a week
ago. The Park District also had a meeting, but it was not portrayed as an open meeting about the
circus event. At the Park District meeting, one board member said that the Kelly Miller Circus does
not get their elephants from Carson and Barnes, who has been cited for inadequate veterinary care
and cruel treatment of their animals. This is not the case, however, as both are run by the same
people. The Foundation's key argument is that the Kelly Miller Circus has not been cited recently.
She is still waiting for current information:. Ms. Shields showed that in 2005, the Kelly Miller Circus
was fined for failing.a routine inspection for not providing adequate veterinary care. She offered an .
alternate local circus that. does not have animal acts.
Trustee Struthers explained that Mayor Harris asked
that a public hearing be field. Ms. Shields explained a public. hearing was not held. She would have
welcomed the opportunity to speak at a public hearing.
Diana Paserba, 1000 Summit Drive, explained that she
attended the Park District board meeting. She was told that the Park District board had no authority
over the Park Foundation. Ms. Paserba read a list of Deerfield residents who also oppose the circus
in Deerfield.
David Hagopian, 696 Lombardi Lane, believes the
circus is very educational and should be allowed in Deerfield.
Sandy DeLisle, 1466 Greenwood, expressed
concern about the divisiveness in the room. She believes the foundations are very fine organizations
and thanked the volunteers on both boards. Ms. DeLisle does not believe the circus is a positive
event for the community. She explained that aside from the animal welfare and parking issues, the
police department might not be equipped to deal with large animals. She shared an article which
stated a Kelly Miller employee was charged with rape of a 14- year -old attendee. Ms. DeLisle's
believes the animals and circus workers would spend the night at Brickyard Park. She believes that if
the special use were approved, residents should be notified that transient circus workers and animals
would be spending the night.
Mr. Smirles explained that there was a lot of
misinterpretation of the Kelly Miller Circus violations. The Park Foundation contacted the Kelly
Miller Circus for a response about the alleged violations. There has been no tuberculosis
transmission from an elephant to a circus patron. Mr. Smirles explained that Ms. Shields did not
receive a packet of information because it was a draft, not a final. He explained that the Deerfield
Park Foundation is a separate 503 (c) organization and is not governed by the Deerfield Park District.
Mayor Pro Tern Benton summarized that at the last
meeting, this issue had not been vetted by the Foundation boards. The Foundation boards have now
examined the issue further. There is a definite need for funding in this community, and residents of
all ages benefit from the programs of these Foundations. The trustees are being asked to provide a
permit in support of the decision of duly elected and selected boards. The permit would cover safety,
public works and legal review so the village and Foundations are not liable. Mayor Pro Tem Benton
Board of Trustees meeting
May 21, 2007
Page 5 of 6
does not believe it is the function of this board to decide what event is held:. If the permit is granted,..
it is up to the residents to decide whether or not they want to support the event.
Mayor Pro Tern Benton made a motion to approve a
special use permit to allow the School District 109 Education Foundation and the Deerfield Park
Foundation to hold a circus at Brickyards Park in September. Trustee Struthers seconded the motion.
Trustee. Feldman explained. her vote is not because
she does not support the. organizations. Trustee Seiden does not believe the vote should be because .
of money that may come into the village. He encourages residents to keep in contact with the
Foundations, so they can be notified if something like this comes up again. Trustee Struthers
believes that the Foundations are part of the Park and School Boards: She would feel uncomfortable
voting against the other two governmental bodies. The motion passed by the following vote:
AYES: Benton, Seiden, Struthers (3)
NAYS: Feldman (1) .
NEW BUSINESS
AUTHORIZATION TO PURCHASE The Director of Public Works and Engineering
GRINDER PACK FOR DEEP SEWAGE explained that the three sewage lines act through a
LINE AT WASTEWATER grinding machine. The teeth on these grinders last
RECLAMATION FACILITY about three years. She requested the competitive
bidding process be waived because the grinder pack
must be purchased from the regional supplier.
Trustee Seiden made a motion to waive the competitive
bidding process and authorize the purchase of a grinder pack for the deep sewage line at the
wastewater reclamation facility from JWC Environmental in an amount not to exceed $18,898.
Mayor Pro Tem Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Feldman, Seiden, Struthers (4)
NAYS: None (0)
AUTHORIZATION TO PURCHASE Ms. Little reported that the water department has
WATER METERS FROM MIDWEST been purchasing water meters and equipment from
METER INC. the same company for approximately ten years. She
requested that the formal bidding process be waived
because the company no longer sells direct and their distributor is the only local source.
Mayor Pro Tern Benton made a motion to waive the
formal bidding process and authorize the purchase of water meters and associated supplies from
Midwest Meter Inc. on an as- needed basis up to the budgeted amount of $90,000. Trustee Feldman
seconded the motion. The motion passed by the following vote:
Board of Trustees meeting
May 21, 2007
Page 6 of 6
AYES: Benton, Feldman, Seiden, Struthers (4)
NAYS: None, (0)
DISCUSSION
FLAG CEREMONY Trustee Seiden commented that he received a
request from the American Legion and the Boy Scouts
asking residents to bring torn or.tattered flags to the Deerfield Library, reference desk before
Wednesday; June 6, 2007.. There will be a flag retirement ceremony on June 6`." from 6:30 — 8:30
p.m. at Jewett Park.
PROM Trustee Feldman asked Chief Sliozis for an update
on prom weekend. Chief Sliozis explained that there
were no reported problems, and the prom went off without incident.
MEMORIAL DAY SERVICE Mr. Franz reported that the American Legion
Memorial Day service and parade will begin at 10:00 am
at Jewett Park.. Youth service awards will be presented.
FINE ARTS FESTIVAL
York Avenue.
FOOD PANTRY
the West Deerfield Township Food Pantry.
ADJOURNMENT
ATTEST:
The Festival of Fine Arts is scheduled for June 2nd
and 3�d from 10:00 — 5:00 at Jewett Park and Robert
Three Guys and a OZOO hold their annual event
on June 3; 2007 fr m. — 6:00 p .m. to support
There bei o her buiness or discussion, the
meeti was adj ned 9:16 p.m.
VED;
v
Village Clerk
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