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05/05/2008May 5, 2008 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Village Manager Kent Street in the Council Chamber of the Village Hall on Monday May 5, 2008 at 7:33 p.m. The Clerk called the roll and announced that the following were: Present: Robert Benton Michelle Feldman Thomas Jester Harriet Rosenthal William Seiden Barbara Struthers Absent: Steven Harris, Mayor and that a quorum was present and in attendance. Also present was Village Attorney Peter Coblentz. MAYOR PRO TEM In the absence of Mayor Harris, Trustee Benton nominated Trustee Seiden to act as Mayor Pro Tem. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) PLEDGE OF ALLEGIANCE Members of Cub Scout 450 Wolf Den from Walden School led those in attendance in reciting the Pledge of Allegiance. The scouts introduced themselves and mentioned the troop would graduate on Friday and move from wolves to bears. They were learning about the Village and would participate in the Memorial Day and July 4t' parades. PROCLAMATION Mayor Pro Tem Seiden proclaimed the week of May 4, 2008 to May 10, 2008 as Building Safety Week in the Village of Deerfield and encourage our citizens to participate in Building Safety Week activities. He noted that the Building Department has done a wonderful job in the Village. Trustee Rosenthal made a motion to accept the proclamation. Trustee Benton seconded the motion. The motion passed unanimously. Building Code and Enforcement Supervisor Clint Case accepted the proclamation. PROCLAMATION Mayor Pro Tem Seiden proclaimed May 15, 2008 as Peace Officer's Memorial Day and the week of May 11, 2008 to May 18, 2008 as Police Week in the Village of Deerfield, in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the line of duty. Board of Trustees meeting May 5, 2008 Page 2 of 11 Trustee Rosenthal made a motion to accept the proclamation. Trustee Struthers seconded the motion. The motion passed unanimously. Deputy Chiefs Wilk and Keane accepted the proclamation on behalf of the department. PROCLAMATION Mayor Pro Tern Seiden presented a proclamation honoring the 60`h anniversary of Israel. Trustee Benton made a motion to accept the proclamation. Trustee Rosenthal seconded the motion. The motion passed unanimously. Felicia Lev, Education Director from B'nai Tikvah Congregation, accepted the proclamation. She. invited all residents to their community -wide celebration on May 18, 2008. They will be hosting a Taste of Israel, along with a reenactment of the declaration of the State of Israel. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to accept the minutes from the April 21, 2008 Board of Trustees meeting. Trustee Struthers seconded the motion. Trustee Rosenthal provided a correction to page 6 concerning the source of advance funds. The minutes were approved unanimously as corrected. BILLS AND PAYROLL Trustee Rosenthal made a motion to accept the Bills and Payroll dated May 5, 2008. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) PUBLIC COMMENT Oscar Adler, 59 Eastman Drive, informed residents that his guest on Adler's Alley for the month of May would be the Botanic Gardens. The show will air on channel 19 on Tuesdays and channel 10 on Thursdays. Mr. Adler also reported that there would be a job seeker's workshop on May 24`h at Deerfield Village Hall. He noted this would be the fifth consecutive year. From 9:00 am to 10:00 am, the topic will be resumes that maximize attributes. From 10:00 am to 12:30 pm, they will discuss interviewing skills from a sales point of view. They will discuss how to turn personal features into benefits that meet employer's needs. Mayor Pro Tern Seiden commented that Mr. Adler's just came out with a book that is available on Amazon.com. Chief Sliozis discussed the recent graffiti threat at Deerfield High School. He reported that school authorities contacted the police department because graffiti was found on Tuesday, threatening violence on May 1, 2008. Personnel from the police department were onsite around the clock and school went on without incident. Chief Sliozis noted that several other communities have reported similar graffiti. The police Board of Trustees meeting May 5, 2008 Page 3 of 11 department would continue to investigate the issue with the high school staff, and the school schedule is as usual. Trustee Rosenthal commented that she and Mayor Harris were at the school May 1 st to greet students and let them know the Village was concerned and supportive. She noted that the school teaching staff and administration commended the professionalism and service of the police department. Chief Sliozis thanked school officials for their cooperation and professional support as well. Due to the presence of State Senator Garrett, Mayor Pro Tern Seiden asked the Board to consider the High School Drive agenda item and then return to the regular agenda order. AUTHORIZATION TO AWARD Ms. Little introduced the project which will widen CONTRACT FOR WAUKEGAN ROAD Waukegan Road at High School Drive. The general WIDENING AND TRAFFIC SIGNAL scope of the project would introduce southbound MODIFICATIONS left turn lanes at both high school entrances. A new traffic signal will be installed and will provide dual left turn lanes during peak hours. Ms. Little thanked State Senator Susan Garrett for her assistance in attaining grant funding for much of this project. Senator Garrett mentioned the project took more than two years to get to this point. She said it was a pleasure- working with the Village of Deerfield. Kevin Belgrade from Gewalt Hamilton showed the scope of the work within the Village. Trustee Rosenthal questioned when the project would be completed. Ms. Little mentioned there would be substantial completion before school begins in the fall. A temporary traffic signal will be installed, the roadwork and widening should be accomplished by late August. Trustee Rosenthal made a motion to award the contract for the Waukegan Road widening and traffic signal modification project at Deerfield High School to Greg Greenhill Construction Company, Inc. in an amount not to exceed $1,189,871.20. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Ms. Little noted that the project also includes a new sidewalk across the frontage of Deerfield High School. Staff has applied to the state for congestion mitigation and air quality funding for the new sidewalk. Their schedules are different than construction schedules, so the Village will not receive notification of project selection until fall or early winter. Unless the Village goes with Village funds, the sidewalk would not be installed until next summer. Board of Trustees meeting May 5, 2008 Page 4 of 11 Trustee Rosenthal noted that the money awarded included an $800,000 grant and expressed appreciation again to Senator Garrett. REPORTS REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing OF THE BOARD OF ZONING APPEALS on April 1, 2008 to consider the request for a RE: REQUEST FOR VARIATIONS FOR detached garage reverse corner side yard variation 1110 HAZEL AVENUE and a maximum rear yard coverage variation. The Board of Zoning Appeals voted to grant the variation as requested, by a vote of 5 -0. BZA Chairman Bob Speckman, Clint Case and petitioners Jeff and Lisa Johnson were present. Trustee Rosenthal made a motion to accept the report and recommendation of the Board of Zoning Appeals. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -08 -16 DECREASING Mr. Street explained that Wok's Kitchen and Nick's THE NUMBER OF CLASS E LIQUOR Fishmarket Grill have closed. Trustee Struthers LICENSES FROM 15 — 13. made a motion to waive the first reading of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Trustee Struthers made a motion to adopt the Ordinance. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0 -08 -17 APPROVING A An Ordinance approving a front yard variation for FRONT YARD VARIATION FOR 645 the property located at 645 Dimmeydale, Second DIMMEYDALE — 2R Reading. Trustee Benton made a motion to adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Board of Trustees meeting May 5, 2008 Page 5 of 11 OLD BUSINESS AUTHORIZATION TO AWARD Mr. Street explained that at the last meeting, the NEGOTIATED CONTRACT FOR Trustees directed staff to meet with Stanley NORTH AVENUE LIFT STATION Consultants and Boulder Construction to determine IMPROVEMENT if the cost for the North Avenue lift station project could be reduced. As noted in the report, project costs have been reduced and Staff recommends awarding the contract to Boulder at the lower amount, with the project being done in the Fall. The Board discussed the project's timing and duration. Mr. Gwiasda, Boulder Construction, advised that they would start the first week in September and he expect the project to be completed by mid - October, but there is a significant lead time required to order the pumps since they are manufactured after a purchase order is filed. Trustee Rosenthal questioned whether the original fence restoration and playground equipment relocation were included in the proposal. Ms. Little advised that the contractor has agreed to reductions for concrete work and landscaping. Mayor Pro Tern Seiden questioned how much of the $37,000 reduction was deducted as it will be done by others and not necessarily a project savings. Mr. Gwiasda reported that approximately $15,000 resulted from work to be done by others. Ms. Little noted that Boulder Contractors had reduced the amount by 2.5% as discussed at the last meeting and the other savings was from using a less costly fill material that would still work well. Trustee Struthers asked about the fence restoration. Ms. Little advised that a different contractor would be responsible to replace the existing fence when the project is complete. The Board discussed the timing of the project further and whether lower bids might be expected if the construction time frame were longer. The desire to complete the project and avoid station failure due to its poor condition was also discussed. After further discussion, Trustee Rosenthal made a motion to award the contract for the North Avenue Lift Station improvement to Boulder Contractors, Inc. in an amount not to exceed $594,200, representing a cost savings of $37,000 from their original bid. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) 1 Board of Trustees meeting May 5, 2008 Page 6 of 11 ORDINANCE AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE TO ADD THREE Village of Deerfield to add three stop signs at Pine STOP SIGNS AT PINE AND ANTHONY and Anthony. First Reading. Mayor Pro Tern Seiden noted this item was tabled on April 21, 2008 and is intended to be tabled until May 19, 2008 so additional pedestrian and traffic counts can be completed. Alan Bromberg, Chairman of the Safety Council, mentioned that the residents of Pine and Anthony came before the Council in August of 2007. They received a report from staff engineer Robert Phillips recommending a stop sign. The Safety Council recommended approval of the stop signs in November 2007. Mr. Street explained that the staff was conducting additional traffic counts and they have not had the opportunity to properly analyze the information. He added that the staff did not complete the initial pedestrian counts considered by the Safety Council in the fall, and if the validity of the stop signs were challenged, the background work needed to be done properly. Lori James, 689 Pine Street, explained she brought the issue to the Safety Council in August and there are a number of children who walk on the street and to have the item tabled again was disheartening. ORDINANCE 0 -08 -18 AMENDING THE MUNICIPAL CODE TO ESTABLISH A NO PASSENGER LOADING ZONE ON SUMMIT DRIVE IN THE NORTH TRAILS SUBDIVISION — 2R about this issue and copies were circulated t An Ordinance amending the Municipal Code of the Village of Deerfield to establish a no passenger loading zone on Summit Drive in the North Trails Subdivision. Second Reading. Mr. Street _commented that since the first reading at the last meeting, the Village had received four letters o the Board. Bob Zimmerman, 1730 W. Summit Court and Village liaison from the North Trails Homeowners association, reviewed the unsafe conditions caused by high school drop -off and pick -up activity. Mr. Zimmerman does not believe they are trying to create a gated community; rather, they are trying to be responsible by addressing a safety issue. He added that the problematic situation is compounded by inexperienced drivers. The neighborhood residents are suggesting proactively addressing the situation and requested approval of the ordinance. In response to a question from Trustee Struthers, Mr. Zimmerman responded they meet with High School representatives on a regular basis and proposed Ordinance was the result of a cooperative effort. Lowell Roseman, 950 Summit Drive, commented that when the school prohibited smoking on their property, his front yard became the new smoking area. The Board then banned smoking in the Village by children under the age of 18. He mentioned that in recent years, values have changed and the kids have to be driven to school. The neighborhood is asking for action to be taken again to protect the neighborhood. Heidi Sparachino, 1035 Summit Court, requested approval and showed a video taken during school pickup and drop off. She reported that even Board of Trustees meeting May 5, 2008 Page 7 of 11 with the school bus stop sign out, people go around busses, creating a hazardous situation for children exiting the busses. Susan Wisby- Smith, 1225 Warrington, explained that traffic in the area of Walden School is very difficult as well. Summit is a public street and should not be privatized. Ms. Wisby -Smith believes the police need better enforcement of the area. Nancy Babinder, 1440 Northwoods, believes there needs to be better police enforcement, but the ordinance is not needed. She lives one mile from the school and sometimes it takes as much as 40 minutes to get to and from school. If she goes through North Trails, and drops her son off at the pass - through, it only takes ten minutes. Ms. Babinder believes Summit Drive is a public street and if needed, the traffic should be restricted to one side of the street to allow two -way traffic. Ms. Babinder commented that other streets have the same situation, but the residents moved there with knowledge of the situation. She suggested the trustees consider the whole community, not just one, subdivision. David Hirsch, 1030 Summit, commented that there are unsafe conditions around many schools. Because some areas are unsafe, it does not mean that Summit Drive should be unsafe. It does mean that the situation should be dressed, however. Mr. Hirsch believes Summit Drive would be a safety concern even if traffic were restricted to one side, because students walk between stopped cars. Mr. Hirsch suggested waiting a few minutes after school ends to pick students up, because the traffic clears out quickly. He noted that High School Drive will be reconfigured and the residents are hopeful that the conditions would improve. Ms. Sparacino, 1035 Summit, believes the difference between Summit Drive and other streets is that the other streets are wider. In addition, the high school students are always in a rush. Kent Shields, 1446 Kenton, does not believe there is a chaotic situation and believes Waukegan Road is a more dangerous situation. Alan Garfield, 930 Summit, explained that the school used to have 800 students. Since that time, the school has grown and an addition was built. What used to be an emergency exit for pedestrian traffic and emergency vehicles has turned into a secondary access road. In his view parents find that it is inconvenient to drive into the high school. He reported that it is difficult to exit from his driveway in the mornings if he leaves during school times. Cars line up to try to drop off their kids as close to the pass - through as possible. He appreciated the Board's efforts and encouraged approval of the ordinance. Julie Walsh, 1409 Wincanton, has used the pass - through four times this year and has not seen a problem. She noted that driving to Waukegan Road takes more time. Ms. Walsh commented that many people use Ambleside for pickup after school and questioned why Ambleside is less important than Summit. She suggested finding a way to make Summit safer instead of not allowing pedestrian drop off. Board of Trustees meeting May 5, 2008 Page 8 of 11 Chief Sliozis commented that the ordinance is not privatizing Summit Drive, but rather putting a restriction on the street. He noted that similar restrictions were imposed on Warrington and Essex during certain time periods. The restrictions were imposed to make safer streets. Chief Sliozis noted the police department has worked on this issue for nearly two years. The video showed some telling things; and it is both students and parents at fault. He believes that if traffic were restricted to one side, pedestrians would cross through oncoming traffic. Trustee Feldman questioned why this issue did not go before the Safety Council. Chief Sliozis advised that the Special Use for the high school stadium lights called for working with the North Trails HOA on this issue and the police department proceeded accordingly. Trustee Feldman questioned where the traffic would end up if not allowed to drop -off and pick -up on Summit. Chief Sliozis expressed his view that it might become a problem elsewhere that would need to be addressed once identified. With the improved function of the reconfigured high school intersection, he anticipates the traffic will go to the high school where it belongs. Trustee Feldman suggested additional crossing guards and increasing police enforcement around schools. She believed additional alternatives need to be discussed. Trustee Feldman made a motion to table further discussion. Trustee Struthers seconded the motion. The motion did not pass by the following vote: AYES: Feldman (1) NAYS: Benton, Jester, Rosenthal, Seiden, Struthers (5) Melissa Hoffinan, 885 Mountain Drive, believes the changes at High School Drive may alleviate the problem. People will do what is more efficient. She hopes that safety is the most important concern. Andrea Brown, 1630 Portage Pass, asked whether traffic would shift downward within North Trail. Chief Sliozis responded that if it is found to be an issue, other measures may be needed and evaluated once the ordinance under consideration is in place. Mayor Pro Tem Seiden commented that the situation is difficult right now and may change as the intersection with Waukegan changes. The solution is for people to drop their kids off at the high school. It may take 10 — 15 minutes longer, but it is a solution. Trustee Struthers made a motion to approve the ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Rosenthal, Seiden, Struthers (5) NAYS: Feldman (1) Board of Trustees meeting May 5, 2008 Page 9 of 11 Trustee Rosenthal questioned when enforcement of the ordinance would go into effect. Chief Sliozis commented that the remainder of the school year and the first few weeks of the new school year would be educational and warnings issued. Then they would start enforcing the ordinance. Trustee Benton suggested that the school send out a letter to parents. Trustee Rosenthal added that something should be written in D -Tales as well. Staff concurred. NEW BUSINESS AUTHORIZATION TO AWARD CONSTRUCTION ENGINEERING SERVICES CONTRACT FOR NORTH AVENUE LIFT STATION IMPROVEMENT Ms. Little explained that staff recommends utilizing the services of Stanley Consultants to provide engineering inspection services for the North Avenue lift station improvements. She noted they completed the design of the station and believe it is the appropriate way to proceed. Trustee Rosenthal questioned why Stanley Consultants was being rewarded. Ms. Little does not believe it is a reward. She explained they did a good job with the project design. Although their cost estimate was not correct, they are the firm most familiar with the design and could answer questions or resolve any problems that may arise. Trustee Rosenthal believes it makes sense not duplicating the efforts and retraining a new consultant. Trustee Benton commented that Stanley Consultants are the most familiar with the project. They could hold the contractor to the same standards they designed. Mayor Pro Tern Seiden expressed concern with Stanley given the extent the cost estimate was off. Following added discussion, Trustee Rosenthal made a motion to award the construction engineering services contract for the North Avenue Lift Station improvement to Stanley Consultants in an amount not to exceed $71,300. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD Mr. Street explained that last year, the Village CONTRACT FOR GYPSY MOTH received complaints from residents and the Village CONTROL forestry consultant about gypsy moths in the Village. Trustee Benton explained that the Village received calls from two different areas of the Village. He questioned whether the Village has done further research to determine if other areas have been affected. Jim Bernahl, Assistant Village Engineer, noted that they can never be 100 percent sure, but Urban Forest Management believes these are the two primary areas. The areas are from Woodland and Oakwood to Crabtree and Wilmot and from Board of Trustees meeting May 5, 2008 Page 10 of 11 Westgate and Wincanton to Colwyn and Warrington. Mr. Street commented that there would be two, early morning spraying applications during the larva stage. Ron Korth from Hendrickson Flying Service commented that they start spraying as soon as it is light enough to spray. Mr. Korth explained they fly 20 — 30 feet above the treetops and try not to inconvenience or startle residents. They use natural bacteria that attack the larva but are benign for anything else. It is a safe material, but they recommend pets stay inside as a general precaution. Trustee Jester made a motion to award the contract for gypsy moth control to Hendrickson Flying Service in an amount not to exceed $5040. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Trustee Rosenthal commented that the Village should contact residents. Trustee Struthers suggested also educating residents about gypsy moths. Trustee Feldman suggested putting signs in the areas as well. Staff concurred. AUTHORIZATION TO AWARD MULTI- Mr. Street explained this proposal would allow soil YEAR CONTRACT FOR SOIL AND and material testing. Mr. Bernahl explained staff is MATERIAL TESTING doing a lot of testing in -house as well. Trustee Benton made a motion to award a multi- year contract for soil and material testing to Soils and Materials Consultants, Inc. in an amount not to exceed $25,000 for a period up to three years. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD Mr. Kiraly explained that funding was allocated in CONTRACT FOR CLEANING SERVICE the budget for Village Hall cleaning services. The Police Department and Public Works facility are currently contracted for cleaning service. Staff issued an RFP for cleaning services for all three facilities plus a once - per -month cleaning of the Wastewater Reclamation Facility with the expectation that the quantity of scale would lead to better pricing. Nine bids were received. Staff performed reference checks and made onsite visits on the four lowest bidders. Because of the reference checks and what was seen during the onsite visits, staff recommends waiving the competitive bidding process and awarding the contract to the second lowest bidder, ABC Commercial Maintenance. Board of Trustees meeting May 5, 2008 Page 11 of 11 Trustee Rosenthal asked how much money was budgeted. Mr. Kiraly explained they hoped the price would be approximately $32,000 for the Village Hall. He added that the current pricing for the,police department is $22,000 and the Public Works facility is $8400 per year, Trustee Benton asked whether the Village Hall would be cleaned after normal business hours. Mr. Kiraly mentioned that the RFP was very specific as to the requirements on daily, weekly, monthly, quarterly and annual basis. The Village Hall must be the last building cleaned. Trustee Benton asked whether the employees were screened. Mr. Kiraly explained that the employees would be screened both by the company and the Village. The company must submit a list of regular and substitute employees to the police department. Trustee Benton made a motion to waive the competitive bidding process for the Village Hall cleaning contract. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) Trustee Struthers made a motion to award the contract for cleaning services to ABC Commercial Maintenance, Inc. in an amount not to exceed $28,884.00. Trustee Feldman seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) DISCUSSION ADJOURNMENT There being no further business to discuss, the meeting was adjourned at 10:05 pm. App ro d: ayor �R, 7eoy Attest: V-'O� e5�y- Village derk