03/15/2010.March 15, 2010
The regular meeting of the Board of Trustees of the Village of Deerfield was called to
order by Mayor Harriet Rosenthal in the Council Chambers of the Village Hall on Monday
March 15, 2010 at 7:30 p.m. The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Alan Farkas
Thomas Jester
Mary Oppenheim
William Seiden
Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Barbara Reich and Doug Heinrichs from the
Optimist Club led those in attendance in reciting the
Pledge of Allegiance.
PROCLAMATION Mayor Rosenthal proclaimed the week of March
21St as Youth Appreciation Week as a means of
acknowledging the volunteer work of the youth in Deerfield. For more than 25 years, the
Optimist Club has served the community and its youth and has annually sponsored Youth
Appreciation Week to recognize middle and high school students for service to the community.
Trustee Jester made a motion to accept the proclamation. Trustee Oppenheim seconded the
motion. The motion passed unanimously.
Ms. Reich stated that the Optimist Club is comprised of members of Deerfield and other
communities. Their big fundraiser is the annual Christmas tree sale. They support a number of
other charities, and all of the money goes to youth in Deerfield and surrounding communities.
Ms. Reich informed residents that March 24th is Youth Appreciation Day. Letters were sent to
more than 200 middle and high school students who will receive certificates. Bob Love from the
Chicago Bulls will be the guest speaker. The event will be held at Deerfield High School.
MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the
minutes from the March 1St Board of Trustees
meeting. Trustee Struthers seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Seiden made a motion to approve the Bills
and Payroll dated March. 15, 2010. Trustee Farkas
seconded the motion. The motion passed by the following vote:
Board of Trustees Meeting
March 15, 2010
Page 2 of 8
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
TREASURER'S REPORT Bob Fialkowski presented highlights from the
Treasurer's Report through the end of February,
representing ten months of the fiscal year. He stated that sales tax revenues have slid a bit since
2009. The hotel tax showed upward movement and almost matched last year. As indicated last
month, the revenues and expenditures flipped in the operating funds because of the police
pension payment. The Village is still under budget for expenditures but is also under budget for
revenues. Mr. Fialkowski stated that the cash on hand was reduced because of the TIF payout.
Trustee Oppenheim asked if this was the first month the Village did not receive the Income Tax
payment from the State. Mr. Fialkowski explained that although the State has not missed a
payment, they are substantially behind in grant payments. Fortunately, the Village's reserves are
in pretty good shape. Mayor Rosenthal asked Mr. Fialkowski to let her know if it gets to a point
where the Village does not receive a sales tax payment and she will start lobbying the legislators.
REPORT ON DEPARTMENTAL Principal Planner Jeff Ryckaert presented highlights
OBJECTIVES — PLANNING AND of the major activities of the Planning
BUILDING /ZONING DIVISIONS Department. He stated staff has been promoting
the 2010 census. Questionnaires were sent out
today, comprised of ten confidential questions. Each household gets one questionnaire. Mr.
Ryckaert urged residents to complete the survey and turn it in as soon as possible so the Village
receives their proper share of funding. At the end of April, census workers will knock on doors
up to four times, to remind residents to complete the survey or to assist residents in completing
the survey. The Village will continue to work with the census bureau on address accuracy.
Mr. Ryckaert stated that the Village has worked with Jack Frigo on economic development
information. He has helped staff set up an inventory of available retail spaces and included basic
information for each property, including maps and traffic counts, for the Village website.
Mr. Ryckaert reported that staff has been a part of the Wind Energy Task Force for more than ten
months. The Task Force has come up with a model ordinance that can be tweaked and used by
municipalities. He anticipates the Sustainability Commission will look at the model ordinance.
Mr. Ryckaert explained that staff is working with One Deerfield Place on workforce and
affordable housing. At the present time, they are waiting on a proposal from a not - for - profit
organization that promotes affordable housing in north shore communities. They are looking at
doing a large project, such as a new building or rehab, as well as supporting smaller projects.
The Plan Commission has been busy-with the Wastewater Treatment Plant, Wonder, and some
pre - filing conferences. The VCDC is suggesting the Village explore a flower planting program
to bring more color into the Village Center. Staff will look into it. They would like to offer the
proposal to merchants, and no Village funding would be involved.
Board of Trustees Meeting
March 15, 2010
Page 3 of 8
Trustee Oppenheim asked about the process for the Wind - Energy Ordinance and subsequent
Ordinances. Mr. Ryckaert explained he would rather take it to the Sustainability Commission
first. It could then go to the Plan Commission for text amendments. Trustee Oppenheim asked
if there has been any response from the information posted on the website about retail vacancies.
Mr. Ryckaert explained he has spoken with different brokers to make them aware of it. Trustee
Oppenheim asked about the timeline for the affordable housing effort. Mr. Ryckaert explained
that One Deerfield Place would meet with their Board in April and should have an answer in
May. Mayor Rosenthal informed residents that the money was made available because of the
ability of One Deerfield Place to refinance at a good rate.
Trustee Struthers asked when Karmel at the Council for Jewish Elderly will break ground. Mr.
Ryckaert explained they would come before the Board for an extension because sales are slow.
Mayor Rosenthal thanked Mr. Ryckaert and the staff for their efforts.
Mr. Case presented highlights from the Building and Zoning Division. He explained that
construction activity is showing an overall increase over last year because homeowners are
updating instead of moving. Residents are primarily updating bathrooms and kitchens. The
Building Division has a two =week turn around on permits. Mr. Case stated that most of the
permits are residential. There are also some office tenant build outs. This year new homes have
increased from eight to ten. Mr. Case stated things were starting to break for the better. Takeda
is doing very well and has put together their building in ten months. The Village is in the rough
inspection stages but is moving very quickly. There were 45 temporary permits issued, but
traditionally there are not a lot of temporary permits in the winter.
Mr. Case noted they have not issued citations for the 30 actionable violations because the Village
has been able to achieve compliance through other means.
Mr. Case discussed the foreclosure information and stated that there are about 45 — 50 units
within the corporate limits, which represents less than one percent of the total housing stock.
Mr. Case explained the department has also been busy with Wonder at Deerbrook Mall.
The Wastewater Reclamation Facility is in the design phase. Staff is getting feedback from the
outside review contractor. They are 90 percent complete with the drawings and are moving
forward. The building department will be very closely involved with all the inspections.
Trustee Farkas asked about the progress of the sewer pipe issue at 1010 Warrington. Mr. Case
explained they are close to winding it up. Mr. Street stated there are no issues with the sanitary
sewer.
Trustee Seiden noted he is pleased with the number of remodeling projects in the Village without
variations.
Trustee Rosenthal thanked Mr. Case for the efforts of the Building Division
Board of Trustees Meeting
March 15, 2010
Page 4 of 8
PUBLIC COMMENT
There was no Public Comment.
REPORT AND RECOMMENDATION
OF PLAN COMMISSION RE REQUEST
FOR APPROVAL OF A SPECIAL USE
AND AN AMENDMENT TO THE
TAKEDA MASTER PLAN TO PERMIT
THE ESTABLISHMENT OF A SPORTS
FIELD FOR TAKEDA EMPLOYEES
REPORTS
Mr. Street reported the Plan Commission held a
Public Hearing on February 22nd to consider the
request for approval of a Special Use and an
Amendment to the Takeda master plan to permit the
establishment of a sports field for Takeda
employees. The Plan Commission recommended
approval by a vote of 5 -0.
Trustee Jester made a motion to accept the report and recommendation of the Plan Commission.
Trustee Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION Mr. Street reported that, following Wonder's initial
OF STAFF RE ECONOMIC INCENTIVE presentation, the Village received a request for an
AGREEMENT WITH WONDER LLC economic incentive arrangement from Wonder.
The Village would not consider the terms until the
land use was reviewed. Following that discussion, the Village had several negotiating sessions
with ownership and Larry Pachter, the attorney for Wonder.
Mr. Street listed the terms recommended for approval, which include:
• Wonder will locate their corporate offices in Deerfield.
• Wonder will employ 150 full time employees in a retail store and 30 full time employees
in their corporate headquarters.
• The Village of Deerfield will rebate to Wonder 75 percent of the sales taxes received by
the Village on annual sales over the first $25,000,000 for five years, with a maximum
total rebate of $1,000,000.
• The agreement would start on the first day of the month following the opening of the
retail store, with the five rebate periods being each sequential 12 months thereafter.
Mr. Street stated that if the sales threshold is reached by Wonder, the Village would generate at
least $475,000 annually, and renewed interest and vitality would be brought to Deerbrook Mall.
Trustee Seiden made a motion to accept the report and recommendation of staff regarding an
economic incentive agreement with Wonder LLC. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
Board of Trustees Meeting
March 15, 2010
Page 5 of 8
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0 -10 -05 REVISING An Ordinance revising the Mission Statement of
THE MISSION STATEMENT OF the Community Relations Commission. Second
THE COMMUNITY RELATIONS Reading.
COMMISSION — 2R
ORDINANCE APPROVING A SPECIAL
USE TO PERMIT THE
ESTABLISHMENT OF A RETAIL
STORE OVER 10,000 SQUARE FEET IN
AREA AND AN AMENDMENT TO THE
DEERBROOK MALL SPECIAL USE
PLANNED UNIT DEVELOPMENT -1R
An Ordinance approving a Special Use to permit
the establishment of a retail store over 10,000
square feet in area and an amendment to the Special
Use Planned Unit Development to allow Wonder.
First Reading.
AUTHORIZATION TO ENTER INTO The Deerfield Police Department is seeking
"RIGHT OF ENTRY" AGREEMENT authorization to sign a "Right of Entry"
WITH METRA TO PUT "CLICK IT OR agreement with Metra.
TICKET" ON LAKE COOK ROAD
OVERPASS Trustee Farkas made a motion to accept the Consent
Agenda and adopt the ordinance. Trustee Benton
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
There was no Old Business.
OLD BUSINESS
NEW BUSINESS
AUTHORIZATION FOR ADDITIONAL The Director of Public Works and Engineering
WORK UNDER THE WAUKEGAN reported the contract for widening and resurfacing
ROAD AT DEERFIELD HIGH SCHOOL Waukegan Road at Deerfield High School was
CONTRACT awarded in May of 2008. The project was made
possible by a grant from the Illinois Department of
Commerce and Economic Opportunity in the amount of $800,000. Ms. Little explained the
scope of work increased to improve safety at the intersection of Waukegan Road and High
School Drive. Ms. Little stated that infrastructure reconstruction projects often consist of work
items that are not easily identified during the design process. Unforeseen conditions caused this
project to exceed the awarded contract amount of $1,224,034.42 by $19,591.58 or 1.6 percent of
the contracted amount. The total contract amount with the recommended additions is
Board of Trustees Meeting
March 15, 2010
Page 6 of 8
$1,243,626. Beyond the adjustments, there were delays which were beyond the contractor's
control. The market price for petroleum increased significantly because of the delay, and the
contractor had to purchase products at escalated prices. Ms. Little recommended a bituminous
price adjustment be authorized in an amount not to exceed $40,071.32.
Trustee Jester made a motion to authorize additional work for the Waukegan Road at Deerfield
High School contract for a total increase of $59,662.90. Trustee Oppenheim seconded the
motion.
Trustee Farkas asked why the contractor's additional expenses were not assumed. Ms. Little
explained the contractor locked in set prices for asphalt for four months. Four to six months
elapsed and the price lock expired. The contractor is only asking to be reimbursed for the
additional costs he had to put forth for the project. Trustee Farkas believes that is a contractor's
risk. Ms. Little stated the Village did not have any escalation clauses in the contract. Trustee
Seiden believes the Village needs to ensure bid prices are guaranteed for enough time. Trustee
Seiden asked about the delay. Ms. Little explained the delay was related to getting the additional
permitted easements and right of access to the Metra property on the west side of Waukegan
Road. Trustee Seiden believes the contractor should have come back before the Trustees and
asked for an adjustment. Mayor Rosenthal explained the Village was concerned with getting the
project done as soon as possible, because school had already started. Ms. Little stated that the
Village would add provisions into contracts for the future.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO SUBMIT JOINT Assistant Director of Public Works and
PURCHASING REQUISITION TO Engineering, Brad Fink, noted it is time to plan
PURCHASE SALT UNDER THE STATE for the 2010 — 2011 snow season. He explained the
OF ILLINOIS JOINT PURCHASE Village typically purchases salt under the State of
AGREEMENT - Illinois Joint Purchasing contract. In addition to the
traditional procurement process, the Village has
also partnered with other municipalities to bid for salt. The bid opening will be on March 181n
At that point, staff should have an ideal of salt prices for next year. Due to the trend of extreme
weather over the past two years, the annual $200,000 budget for road salt has been significantly
exceeded. The Director of Public Works and Engineering recommends authorization to submit a
Joint Purchasing Requisition to purchase salt for 2010 — 2011 up to the proposed amount not to
exceed $300,000.
Mr. Fink explained the Village can lock in last year's price, go out to bid, or partner with other
municipalities. If the market price is higher, the Village will know that locking in prices would
be the best option.
Board of Trustees Meeting
March 15, 2010
Page 7 of 8
Trustee Oppenheim made a motion to authorize staff to submit a joint purchasing requisition to
purchase salt for the 2010 — 2011 snow season in an amount not to exceed $300,000. Trustee
Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO PURCHASE Computer Systems Coordinator Matt Weiss
COMPUTER SERVER HARDWARE explained that the vendor for some of the Village's
AND RELATED SOFTWARE critical computer components has filed for
SERVICES bankruptcy. The Village has only a few options
in the event of a system or component failure. To
be proactive, staff recommends replacing the systems by utilizing the Western States Contracting
Alliance contract. The required components would be purchased at a price not to exceed
$35,452.08.
Mayor Rosenthal asked if the Village could stay with the existing equipment until a change
needs to be made. Mr. Weiss explained that would be very dangerous because the systems are
critical and run finance and the Village Hall. Trustee Seiden asked how long it would take to get
new components. Mr. Weiss explained it could take several weeks. Trustee Seiden wanted to
ensure the company is reputable. Mr. Weiss explained the current company filed for bankruptcy
because of the purchase of Gateway Business. Trustee Oppenheim asked if there were any
useable parts. Mr. Weiss explained the current system would be used for emergencies and
practice runs.
Trustee Struthers made a motion to authorize the purchase of computer server hardware and
related software services in an amount not to exceed $35,452.08. Trustee Farkas seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
DISCUSSION
LAKE COOK ROAD CONSTRUCTION Trustee Farkas noted there was an article in the
Chicago Tribune about construction on the Edens
Spur. He said the article announced that Lake Cook Road construction is being deferred.
Ms. Little reported that the Illinois State Tollway Highway Authority had a multi -year program
to improve their roadways. The next component is to resurface and rehabilitate the Edens Spur,
which should start this summer and go through the end of the 2010 calendar year. The Cook
County Highway Department has repeatedly delayed the Lake Cook Road project because of
right -of -way issues. Staff was also concerned about the Edens Spur and Lake Cook Road project
being worked on simultaneously and the impact on the local streets. The Cook County Highway
Department will delay the Lake Cook Road project until 2011 or 2012.
Board of Trustees Meeting
March 15, 2010
Page 8 of 8
NEW LAWS Mayor Rosenthal explained that some new laws
have gone into effect. The first is no texting while
driving. The second is that cell phone use in school zones must be hands -free. She asked if the
Village has done anything to promote the new laws. Mr. Street responded that D -Tales and the
website included information, but staff would continue to promote it. Mayor Rosenthal stated
that adding signs at the schools would help because most people have not paid attention to it.
She suggested also asking the schools to send something home reminding parents of the new
law.
CENSUS
Mr. Street stated that the census questionnaires
came in the mail today. He urged residents to
complete the questionnaires and return them as soon as possible.
ECONOMIC INTEREST STATEMENTS Mr. Street reminded the Trustees to return their
statements of economic interest.
COMMITTEE OF THE WHOLE Mr. Street stated the next Committee of the Whole
meeting would take place next Monday at 6:00 p.m.
They will continue discussion of the 2010 — 2011 budget.
ADJOURNMENT There being no further business to discuss,
the meeting was adjourned at 8:50 pm.
ATTEST:
�I�j . e5��7t
Village Clerk
1
APPROVED:
Mayor