Loading...
08/04/2008August 4, 2008 The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by Mayor Steven Harris in the Council Chambers of the Village Hall on Monday August 4, 2008 at 7:30 p.m. The Clerk called the roll and announced that the following were: Present: Steven Harris, Mayor Robert Benton Michelle Feldman Thomas Jester Harriet Rosenthal William Seiden Barbara Struthers and that a quorum was present and in attendance. Also present were Village Attorney John Donahue and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Former Village Trustee Jerry Kayne led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETINGS Trustee Benton made a motion to approve the minutes from the July 21, 2008 Board of Trustees meeting and the June 30, 2008 and July 21, 2008 Committee of the Whole meetings. Trustee Rosenthal seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman (abstain June 30, 2008), Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) BILLS AND PAYROLL Trustee Seiden made a motion to approve the Bills and Payroll dated August 4, 2008. Trustee Struthers seconded the motion. ' The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) REPORT ON DEPARTMENTAL Director of Public Works and Engineering, Barbara OBJECTIVES- PUBLIC WORKS AND Little, presented highlights from the Report on ENGINEERING Departmental Objectives for the Department of Public Works and Engineering. She commented that in -house personnel had inspected two major projects, including the Wilmot Road North and 2008 Street Rehabilitation projects. Due to the severe winter, staff successfully requested additional funding from IDOT to grind and resurface a section of Lake Cook Road at Waukegan Road. Ms. Little noted that two bridges are slated for replacement during the next construction season, and federal funds have been obtained for those projects. She reported that there were several traffic signal improvements, including countdown signals and battery back ups, which were scheduled for completion. The Water Department has conducted more than 1,400 Board of Trustees Meeting August 4, 2008 Page 2 of 8 J.U.L.I.E. utility location requests since May, and she distributed an informational door hanger for staff to leave at residences afterwards. Ms. Little commented that the Wastewater Reclamation Facility and satellite facilities have undergone numerous projects, and the new WRF design study is nearly 50 percent complete. She noted that staff is currently out to bid for the new East Side Lift Station replacement project. In addition, the sewer and garage departments have been working hard to support all department operations. Trustee Jester asked when the revised sewer inflow prevention ordinance would be brought before the Board. Ms. Little responded that, as discussed at the recent Committee of the Whole meeting, staff and our consultants would be developing a recommendation for the Board to consider shortly. Trustee Jester also congratulated Assistant Village Engineer Jim Bernahl on achieving his PE. He noted there are now three professional engineers in the department. Trustee Feldman asked about the Park Avenue/Deerfield Road retaining wall. Ms. Little explained that the project had been scaled back and did not include replacing the retaining wall. Mr. Street added that the original proposal had been scaled back during budget discussions, and this work was in keeping with the budget. Ms. Little noted the cost was less than $10,000 for the improvements. Trustee Feldman commented that it looked very nice. Trustee Struthers asked whether the Hazel and Greenwood bridges would be completed separately, noting that working on the two bridges at the same time would cause traffic problems. Ms. Little responded that they will stage the projects one after the other. PUBLIC COMMENT There was no Public Comment. REQUEST FOR RELIEF FROM THE DIRECTOR'S DECISION TO DENY AN EXTENSION OF BUILDING PERMIT NUMBER 43571 (1032 WARRINGTON) would like him to handle future permit exte in place for enforcement. REPORTS Code Enforcement Supervisor Clint Case reported that the decision to deny the permit extension was made because the project was not being diligently pursued. There were some issues that needed to be handled. He requested direction on how the Board ;nsion requests. Mr. Case noted there is an ordinance Mayor Harris asked when the permit expired. Mr. Case explained that the original permit expired in September 2007. The first extension expired on January 13, 2008. The applicant sought another extension in April 2008, but it was put off due to personal problems. Mr. Case confirmed there has been no viable permit on the property since January 2008. Mr. Case commented that staff pressured the applicant to move forward on the matter and held several meetings to discuss it. The fines would be $25 per day, for the first 30 days, $100 per day for the next 60 days and $250 per day thereafter. If the fines were imposed since January 13, Board of Trustees Meeting August 4, 2008 Page 3 of 8 2008, the cost would be close to $45,000. Mr. Case noted that the applicant said he was unaware of the ordinance at the time. Village Attorney John Donahue explained that everyone is expected to know the law and could be held to the terms of an ordinance whether or not they have received a copy of it. Attorney Paul Diambri, on behalf of the applicant, explained they had intended to present at the August 18, 2008 Board of Trustees meeting, with timelines for completion. He explained that the project was 95 percent complete, but they needed to disconnect the sewer line at 12' depth. There was also a fence on the north side of the property that they wanted to remove, an additional catch basin that needed to be installed, a small 4" pipe that would need to be connected to an existing catch basin and some other minor issues to complete. The interior is relatively complete, with the exception of faucets, heat register covers and some fixtures. They intend to have contracts in place before August 18th. Mr. Diambri explained that the house has been for sale but is not moving. It was initially listed at $1.4 million and has been reduced to $875,000. The house is 4,400 square feet and should be totally complete within 90 days. He does not believe economic penalties would be the best thing, as they could detract from the possible completion of the home. Trustee Rosenthal asked why 90 days would be required if the items are so minor. Mr. Diambri responded that they would try to complete the home by whatever date is given by the Trustees. They do not have contracts in place at this time and would need to check the availability of sewer contractors. Trustee Feldman asked whether Mr. Baldo was involved with the previous project manager. Mr. Baldo confirmed he was. Trustee Feldman commented that when the extension was granted, the Trustees had every expectation that it would be completed by that date. She questioned what would be different if the applicant was given another extension. Mr. Baldo explained they received an extension in September and completed the drywall, insulation, electrical and plumbing in four months. Mayor Harris explained there is a memo stating that the building department met with Mr. Baldo and Mr. Diambri, along with a April 16, 2008 letter requesting a three -month extension. He believes Mr. Baldo has taken advantage of the Village and did not take it seriously that they wanted the project completed. He feels bad about the market but is not inclined to support additional extensions. Mayor Harris suggested that the petitioner be prepared to come before the Board on September 2, 2008. The Board will levy fines as of that date if the work is not complete. Mayor Harris explained that the Trustees will not negotiate any further, as they have been lenient with extensions in the past. There should be no further extensions from that date. Mr. Diambri hopes the sewer contractors can complete their portions of the project before then. He understands the deadline, but because they do not have commitments from contractors, they cannot guarantee completion. Mayor Harris reiterated that if the project is not 100 percent complete, there will be monetary assessments starting September 2, 2008. Board of Trustees Meeting August 4, 2008 Page 4of8 Trustee Feldman asked whether Mr. Baldo is working on additional properties within the Village. Mr. Case explained that construction is moving slowly on the other properties and noted there are extensions in place on those properties. Mayor Harris requested that the expiration dates for the other extensions be provided to the Board of Trustees. Trustee Feldman commented that if the other properties are not completed by the permit expiration dates, penalties would be assessed. Mayor Harris explained that the Village would send the applicant and his attorney a letter explaining the sanctions within the next week. They would extend the permit through September 2, 2008, because the Board would not support any work without a permit. Trustee Seiden commented that this had gone on for a long time, and the Trustees had been contacted about the project by neighbors. He commented that the Trustees would not grant a variance to raise the ceiling, and wanted the applicant to be aware that realtors should not suggest it as an option. He requested that the applicant cease and desist, stating that there would have to be a variance approval by the Board. Trustee Seiden made a motion to support the Mayor's action plan for the property located at 1032 Warrington by extending the permit through September 2, 2008. A letter would be sent to the applicant stating the penalties for not completing the project by that date. The applicant must cease and desist suggesting a variance to raise the ceiling. Trustee Benton seconded the motion. Trustee Feldman commented that she does not believe Mr. Baldo cares about the neighbors or the residents in Deerfield and wished he would apologize to the Village. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -08 -28 AUTHORIZING An Ordinance authorizing a special use to permit A SPECIAL USE TO PERMIT A FREE- a free- standing telecommunications service STANDING TELECOMMUNICATIONS facility at the Deerfield Village Hall. Second SERVICE FACILITY AT THE Reading. DEERFIELD VILLAGE HALL — 2R ORDINANCE 0 -08 -29 APPROVING A GROUND LEASE AGREEMENT WITH VERIZON WIRELESS FOR MONOPOLI AT VILLAGE HALL — 2R Consent Agenda and adopt the ordinances. passed by the following vote: An Ordinance approving a ground lease agreement with Verizon Wireless for the monopole at Deerfield Village Hall. Second Reading. Trustee Rosenthal made a motion to accept the Trustee Struthers seconded the motion. The motion 1 1 1 Board of Trustees Meeting August 4, 2008 Page 5 of 8 AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) There was no Old Business. OLD BUSINESS NEW BUSINESS AUTHORIZATION TO AWARD Assistant Village Engineer Jim Bernahl explained LANDSCAPING CONTRACT FOR THE that this is part of the North Avenue lift station NORTH AVENUE LIFT STATION rehabilitation project. The landscape contractor PROJECT needed to implement landscaping plans. Mr. Bernahl explained that the lowest bid did not include chain link fence pricing. Adding the cost of the fence to the Moore Landscapes bid changed the lowest overall bidder to Guy Scopellitti. Trustee Rosenthal made a motion to award the landscaping contract for the North Avenue Lift Station project to Guy Scopelliti Landscaping, Inc. in an amount not to exceed $21,000. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO AWARD Bob Phillips reported that last year the Village CONTRACT FOR TRAFFIC SIGNAL completed a project to upgrade some traffic signals. REPAIR AND UPGRADES More are proposed for this year, including count down pedestrian signals at one intersection. Trustee Benton questioned the removal of the Kates Road and Corporate 500 intersection from the list. Mr. Phillips explained that including that intersection would have caused the project to go significantly over budget, so the Village reduced the scope of the project. Trustee Feldman questioned the audible tone. She expressed concern because the audible tone was not intended for vision - impaired pedestrians. Mr. Phillips explained that the Village is following IDOT guidelines. Trustee Jester asked whether the signal at Deerfield Road and Jonquil Terrace would have any visual indicators. Mr. Phillips explained there would be push buttons with LED lights. Trustee Jester questioned if the Village could do anything to make those lights more prominent. Mr. Street noted that staff had discussed restriping the crosswalk. Trustee Struthers added that she had received a number of complaints about that intersection as vehicles do not stop for pedestrians. She also suggested reviewing pole locations and other potential view obstructions. Board of Trustees Meeting August 4, 2008 Page 6 of 8 Ms. Little added that the Public Works department had recently completed tree trimming in the area, with eastbound traffic in mind. Trustee Jester made a motion to award the contract for traffic signal repairs and upgrades to Hecker and Company at a cost not to exceed $47,880. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ORDINANCE 0 -08 -30 REDEEMING CERTAIN OUTSTANDING VILLAGE DEBT AND AMENDING THE ANNUAL BUDGET OF THE VILLAGE OF DEERFIELD FOR THE FISCAL YEAR BEGINNING MAY 1, 2008 AND ENDING APRIL 30, 2009 Mr. Fialkowski explained that the Village had issued taxable bonds for the downtown TIF district. Staff recommends ending the district early and calling the last year's debt. He explained that there are two maturities left on the issue, each in the amount of $2,000,000. Mr. Fialkowski noted that this action would save the Village approximately $45,000, assuming an interest rate of 4.35 percent. Trustee Benton made a motion to waive the first reading of 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) Trustee Seiden 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) AUTHORIZATION FOR ADDITIONAL Mr. Phillips explained that staff is seeking WORK UNDER THE WILMOT ROAD authorization for additional work under the NORTH INFRASTRUCTURE Wilmot Road North infrastructure rehabilitation REHABILITATION PROJECT project. He noted that the project was completed on time and went well, but some off -sets from the original contract were necessary, such as the removal of large quantities of unsuitable base material. Mr. Phillips explained they are seeking additional funding in the amount of $55,825.50 for the additional work. Trustee Struthers made a motion to authorize additional compensation to Bolder Contractors in the amount of $55,825.50. Trustee Benton seconded the motion. The motion passed by the following vote: 1 1 Board of Trustees Meeting August 4, 2008 Page 7 of 8 AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) ORDINANCE AMENDING AND Mr. Street explained that the Village is required RESTATING THE VILLAGE OF to adopt updated Flood Insurance Maps for Cook DEERFIELD STORMWATER County to maintain eligibility in the National Flood MANAGEMENT CODE — 1 R Insurance Program. First Reading. AUTHORIZATION TO PURCHASE Assistant Director of Public Works and Engineering TWO REPLACEMENT ANAEROBIC Brad Fink reported that staff is recommending DIGESTER CIRCULATING PUMPS IN purchasing two replacement anaerobic digester THE WATER RECLAMATION circulating pumps for the water reclamation facility. FACILITY He explained the pumps work 24 hours per day, seven days per week, and during the last inspection significant wear was noted. Staff anticipated the wear, due to the failure of the grit tank, and. included additional funding in the budget. Mr. Fink noted they originally wanted to repair the pumps but found that it would be less expensive to replace them. He noted that the motors and base would not be replaced. Trustee Benton made a motion to waive the formal bidding process and authorize the purchase of two anaerobic digester - circulating pumps for the water reclamation facility in an amount not to exceed $17,924. Trustee Rosenthal 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. Bernahl explained that the study would CONTRACT FOR 2008 DUTCH ELM investigate all elm trees within Village limits. The DISEASE STUDY Village's arborist consultant has performed the study over the past few years. He noted that the Village spent $10,240 for the study last year, but the budgeted amount was not to exceed $15,800. The total costs were less due to the fact that Village staff completed some follow -up inspections. Mayor Harris encouraged consideration of a smaller amount for next year's budget, given the past year's cost. Trustee Rosenthal made a motion to award the contract for the 2008 Dutch Elm disease study to Urban Forest Management, Inc. in an amount not to exceed $15,800. 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 August 4, 2008 Page 8 of 8 Mayor Harris requested that homeowners be notified several weeks before any action is taken. AUTHORIZATION TO AWARD DEERFIELD ROAD PEDESTRIAN UNDERPASS ENGINEERING SERVICE CONTRACT AND FOR THE MAYOR TO EXECUTE THE LOCAL AGENCY AGREEMENT Ms. Little noted that the Trustees discussed this project at the July 21, 2008 Committee of the Whole meeting. The Board requested staff to proceed with implementing the project. She added that the conceptual study would be followed by IDOT review. The engineering services would be eligible for Federal and State funding, and if approved, the Village would be responsible for 20 percent. Trustee Jester made a motion to award the Deerfield Road pedestrian underpass engineering services contract to McDonough Associates, Inc. in an amount not to exceed $170,000 and for the Mayor to execute the local agency agreement. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Feldman, Jester, Rosenthal, Seiden, Struthers (6) NAYS: None (0) DISCUSSION WASTEWATER RECLAMATION Trustee Seiden asked whether there would be FACILITY MEETING another meeting for the wastewater reclamation facility. Ms. Little explained that a date had not yet been set, but stated there would be a Committee of the Whole meeting first. Mr. Street commented that they would try to schedule a Committee of the Whole meeting on August 18th. SEPTEMBER 2ND MEETING Mr. Street reminded residents that the first Board of Trustees meeting in September would take place on Tuesday, September 2 "d due to the Labor Day holiday on September 1St. SWALCO NUMBERS noted the final numbers are not in, but stated ADJOURNMENT ATTEST: lh�k,44- Nrillag`4 Clerk Trustee asked about the electronic numbers om SWALCO. Mr. Kiraly doing well no lrr business to discuss, the adjo4neA at 8:55 pm. Mayor 1 1