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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