09/20/2010September 20, 2010
The regular meeting of the Board of Trustees of the Village of Deerfield was called to order by
Mayor Rosenthal in the Council Chambers of the Village Hall on Monday September 20, 2010 at 7:32
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 Kyle McClintick from Boy Scout Troup 50 led those in
attendance in reciting the Pledge of Allegiance. He
stated he is trying to earn his communications merit badge, which is required for Eagle Scouts.
MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes
of the September 7, 2010 Board of Trustees meeting, as
amended on page 10. Trustee Oppenheim seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Struthers made a motion to accept the Bills and
Payroll dated September 20, 2010. Trustee Farkas
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Mayor Rosenthal questioned the large payment to 303 Taxi for tickets. Mr. Street believes the length of
time was for more than one month but said he would check into it.
TREASURER'S REPORT Bob Fialkowski presented highlights from the Treasurer's
Report dated August 31, 2010, representing one third of the
fiscal year. Mr. Fialkowski noted the sales tax was positive. He observed there have been increases for
the past five months, and water and sewer sales picked up this month. Building permits are slightly
increased. Hotel tax, though down a little this month, is still up from the prior year. Mr. Fialkowski
noted expenditures were slightly below budget, and there has not been anything unusual to report.
Mr. Farkas asked if residential housing sales are being tracked. Mr. Fialkowski noted that there is no
Village real estate transfer tax, so it is not tracked.
PUBLIC COMMENT Marvin Kayne, 1219 Walden Lane, believes it is important
to get pensions removed from the property tax bill. He
Board of Trustees Meeting
September 20, 2010
Page 2 of 9
believes it is important to get a grasp on the taxes. Mr. Kayne is concerned about the expense for the
proposed library expansion. He stated the public schools are also looking for additional space. Mr.
Kayne advised that he believes that the Village of Northbrook, which has more homes than Deerfield,
only has one pension, which is the Park District.
Bob Rosenbacher, 2724 Birchwood Lane, spoke about the library referendum. If the referendum passes,
it would allow the library to serve the community both now and in the future. Passing the referendum
would address immediate structural issues as well as meet the demand for the next 30 years. It would
bring the library in compliance with existing building codes, as well as the Americans with Disabilities
Act. There would be increases in space, which are currently too small for the demand. He believes the
needs are both real and immediate. With the proposed improvements, the library should meet the needs
of the community without adding additional staff. The library is not asking for a grand, expensive
structure; rather, an improvement for the community at a moderate cost.
Mayor Rosenthal asked Chief Sliozis to report about traffic during the opening of Wilmot School. Chief
Sliozis noted there were some growing pains the first week. In working with the school and parents in
the parking lot, they now understand the traffic flow within the lot. The backup caused by the afternoon
pick up, which was the issue, has been resolved. The traffic light timing has been altered to assist with
traffic flow as well.
Mayor Rosenthal commented about pensions. She stated there have been a lot of discussion and
concerns raised about public pensions and compensation. Mayor Rosenthal stated that the Village of
Deerfield has a number of dedicated service people. The elected Board and Village advisory
commissions do not receive any compensation whatsoever. The Village and its employees contribute to
pension funds as required by statute and are in 100% compliance. As part of the annual budget
preparation, the Village Board reviews staff compensation levels. The objective of this exercise is to
maintain a competitive position in the marketplace.
REPORTS
REPORT AND RECOMMENDATION The Board of Zoning Appeals held a Public Hearing
OF THE BOARD OF ZONING APPEALS on August 17, 2010 to consider a request to construct a
RE: REQUEST FOR A MODIFICATION four foot fence in lieu of the permitted three foot fence.
OF FENCE HEIGHT WITHIN THE The Board of Zoning Appeals voted 6 -0 in favor of
REQUIRED FRONT YARD FOR 1126 recommending the variance.
CHESTNUT
Trustee Jester made a motion to accept the report and
recommendation of the Board of Zoning Appeals regarding a request for modification of the
fence height within the required front yard for the property located at 1126 Chestnut. Trustee Farkas
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
r
1
1
Board of Trustees Meeting
September 20, 2010
Page 3 of 9
CONSENT AGENDA
ORDINANCE APPROVING A SIGN An Ordinance approving a sign modification for
MODIFICATION FOR LUNA FLOOR Luna Flooring Gallery located at 350.,Lake Cook
GALLERY, 350 LAKE COOK'R0A11b-1R-- Road.- First Reading.
OLD BUSINESS
REPORT AND RECOMMENDATION Mr: Street explained the Board voted at the
OF THE BOARD OF ZONING APPEALS, September 7' meeting to reconsider the request for a
RE: COMBINED SIDEYARD combined side yard variation for the property located
VARIATION FOR 444 HERMITAGE at 444 Hermitage. He stated the Board of Zoning
Appeals reconvened on July 13`h to reconsider the request
for the side yard variation for a one -story garage addition with a combined side yard of 16'9 in lieu of
the minimum 20' side yard setback. The Board of Zoning Appeals voted 5 -2 in favor of the variation.
Trustee Benton reported that he was absent when the matter initially came before the Board of Trustees
for a vote. He has reviewed all of the relevant data, including the reports, testimony and minutes, and he
spoke with Clint Case, Peter Coblentz, Kent Street and those in favor and against the variation before
coming to a conclusion. He noted that the initial vote of the Board of Zoning Appeals wound up in a 2 -2
tie because of absenteeism. It was confounding to the petitioner that he lost in that way. The Board
suggested the petitioner go back to Board of Zoning Appeals, and there was a 5 -2 vote in favor of the
petition during the second vote. Trustee Benton stated that one complaint about the variation is that the
zoning regulations should not be trifled with. The Village has a variance procedure. He is grateful the
Board of Zoning Appeals puts time into their decisions. They voted 5 -2 to allow the variance. When
possible, Trustee Benton likes to defer to their expertise because he believes they have good reasons for
how they vote. Trustee Benton does not believe this is a hardship case; however, he is more concerned
about not granting the variance. Not granting the variance would move the garage into the petitioner's
backyard and add impervious surface to the back yard as well as the driveway. This would increase the
amount of water and would, potentially, cause more problems for him and his neighbor. Additionally,
there are at least two substantial trees that would have to come down.
Trustee Benton stated the variance procedure is vetted carefully by the Board of Zoning Appeals and the
Board of Trustees. Every resident has the right to ask for a variance, and sometimes there are compelling
reasons why variances should be granted. Trustee Benton does not believe granting this variance will
set a precedent. The petitioner has taken the minimum amount for the garage. The side yard on one side
will be 3'2" smaller than what is allowed, but the total setback does meet the Zoning Ordinance.
Trustee Benton does not believe granting the variance would have a tremendous impact on the neighbor.
He believes the traffic going in and out would cause more hardship to the neighbor next door, if the
garage were moved. -In looking at all of this, Trustee Benton supports the variance.
Trustee Farkas stated that, based on the information received from the Board of Zoning Appeals, there is
a way to address the request. He expressed that if a variation petition is consistent with Village
standards, the Village should strive to work with it and accept it. In this case, denying the variance
would create a greater impact on the neighbor, create a larger footprint and cause more trees to be lost.
Board of Trustees Meeting
September 20, 2010
Page 4 of 9
Trustee Farkas made a motion to accept the report and recommendation of the Board of Zoning Appeals
regarding the combined side yard setback for the property at 444 Hermitage. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Struthers (5)
NAYS: Seiden (1)
AWARD OF BID FOR THE DEERFIELD Director of Public Works and Engineering, Barbara
ROAD PEDESTRIAN UNDERPASS Little, stated the Village has undertaken several
AND APPROVAL OF RELATED projects to encourage non - motorized traffic in the
AGREEMENTS downtown, including the Streetscape and the pedestrian
bridge. As part of the pedestrian bridge project, the Village
looked into widening the sidewalk under the pedestrian overpass. The existing underpass is narrow and
accommodates two traffic lanes and a narrow, 3 foot sidewalk on each side. Due to width limitation and
construction, the sidewalks cannot be widened in their current location. The Village did a feasibility
study to build a pedestrian underpass, which would link the residential area on the west side of the tracks
and the commercial area on the east side of tracks with a 10 foot wide underpass. It will provide ADA
compliant access. Ms. Little noted the project would be substantially funded by outside grants, with the
Village providing a local match.
Assistant Village Engineer Bob Phillips made a presentation showing the proposed underpass, which
included concrete retaining walls with a faux stone finish. He explained the Appearance Review
Commission preferred 1305 Vista Drystack with an anti - graffiti coating for the retaining walls.
Trustee Benton asked if there would be drainage in the tunnel. Mr. Phillips said there would be. Trustee
Struthers ensured the lighting would not be overbearing. Mr. Phillips explained they presented a few
choices to the Appearance Review Commission, and he believes the lighting would be very subtle.
Trustee Oppenheim confirmed the lamps would be LED, for energy efficiency. Trustee Struthers asked
about pedestrian and handicap accessibility during construction. Mr. Phillips explained the southern
section would be closed, but they expect construction to be detoured around the construction area for a
few days during the daytime construction times. During those times, pedestrians would be detoured to
the north side.
Mr. Phillips noted the lowest bidder was Herlihy Mid - Continent Company with a bid of $2,406,694.
The project is scheduled to be awarded by IDOT on September 21, 2010, thereby allowing construction
to begin as soon as Metra's scheduling permits. The project will be funded by CMAQ, ITEP and
Village funds. The Local Agency Agreement notes that the Village is eligible for Federal funds totaling
$2,466,000. $101,258 in additional Federal funds will also be available for this project; however, the
Village's request is not able to be considered by CMAP until their October 21, 2010 meeting. This
would bring the Village project cost down from $743,073 to $641,814.
Trustee Farkas questioned whether the Village would only be responsible for 20% if there are
unforeseen costs. Mr. Phillips explained that in the past, the Village has gone to CMAP and have had
favorable outcomes. Trustee Farkas confirmed that the Village's commitment is just what is being
requested at this time.
Board of Trustees Meeting
September 20, 2010
Page 5 of 9
Trustee Oppenheim asked if the Metra amount was a `not to exceed' amount. Mr. Phillips explained
that Metra would not commit to a `not to exceed' amount but believes the amount would most likely be
less.
Trustee Farkas asked about ile project timing. Mr. Phillips; explained that timing would depend on the
utility relocation, but he hopes the work would begin in January. He noted the completion date in the
contract is March 31, 2011. Trustee Benton noted the Lake Cook Road overpass was substantially
delayed because of North Shore Gas. He asked if there was any recourse to go back to the utility if
something like this happens. Mr. Phillips believes that since the utilities operate under permit from
Metra, they need to be diligent about completing their work.
Mr. Phillips noted that the contractor is required to provide railroad liability insurance as part of their
bid.
Mayor Rosenthal asked Mr. Coblentz to comment on the Local Agency Agreement for Federal
participation. Mr. Coblentz explained the construction contract would be administered by IDOT. It is
important that the contractors provide insurance and railroad protective liability coverage. The project
has been run through the Village's risk manager, and everyone is in agreement that the proper insurance
is being provided. Companies are being required to move the utilities, which is done on a regular basis.
These entities all work cooperatively in similar situations.
Trustee Oppenheim asked if the Village has additional, ongoing liability for injuries. Mr. Coblentz
explained the Village has premise liability insurance, which is the same as for any Village premise.
Trustee Farkas believes this project would ultimately make the area safer.
Mr. Phillips explained that staff is asking to award the project to Herlihy Mid - Continent Company in an
amount not to exceed $2,406,694 and approval of the associated project agreements with Metra for an
amount not to exceed $394,067, MCI in an amount not to exceed $93,228, Telecom in an amount not to
exceed $88,409, North Shore Gas in an amount not to exceed $40,000 and to execute the recommenced
Local Agency Agreement for Federal participation.
Trustee Seiden explained this project came up in the original budget discussions. At that time, the
anticipated project cost was $1,000,000 and the Village's share would be $200,000. He opposed the
project at that time because he does not think the Village should use Village funds for it. In February,
the project cost changed to more than $2,000,000. Now the cost is $3,200,000, with the Village paying
$640,000 or $743,000, depending on the funding. Although he feels this project is a good project, he
questioned the need and the timing for the expenditure.
Mayor Rosenthal stated she has spent a lot of time thinking about the financial commitment to this
project and believes it would be easy for the Board to vote against the project because money is tight.
She asked the Trustees to look toward the future and what this project would bring to the Village.
Mayor Rosenthal and the Board are trying to make the Village more pedestrian friendly. She believes
this project is a one -time opportunity because of the funding. Staff has worked hard to secure the
funding, and it is an integral part of the downtown. Mayor Rosenthal believes the project would create a
safe, accessible pedestrian access way to the downtown. As hard as it is to spend $641,000, she believes
Board of Trustees Meeting
September 20, 2010
Page 6 of 9
that the opportunity would be lost forever if it is not done now. In the future, the pedestrian underpass
will be a great asset to the Village, and Mayor Rosenthal believes it is a worthwhile project.
Trustee Struthers added that this project would put people to work. Trustee Benton believes the project
would add to the convenience of the downtown and would provide pedestrian access to Deerfield
Square. Trustee Oppenheim stated that she has supported the project from the beginning but also had
second thoughts about the financial commitment. She believes the Village needs to approve this project
in terms of the future, the big picture and safety. Trustee Farkas believes it is a difficult decision, but if
it is not done now, the Village would leave a large chunk of money on the table, that would go to
another community. He would rather see the money spent here.
Trustee Farkas made a motion to award the bid for the Deerfield Road pedestrian underpass to Herlihy
Mid - Continent Company in an amount not to exceed $2,406,694 and the associated project agreements
as requested. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Struthers (5)
NAYS: Seiden (1)
ORDINANCE 0 -10 -28 APPROVING A
SPECIAL USE TO ALLOW CHANGES
TO THE VILLAGE -OWNED PUBLIC
PARKING LOTS AT 750,758 AND 800
DEERFIELD ROAD FOR RESTRIPING
AND LANDSCAPING— 1R
Mr. Street noted the Board discussed this project
at great length at previous meetings. He requested
a waiver of the First Reading of the Ordinance.
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, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Trustee Seiden made a motion to adopt the Ordinance approving a Special Use to allow changes to the
Village -owned public parking lots at 750, 758 and 800 Deerfield Road for restriping and landscaping.
Trustee Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Trustee Oppenheim asked about the ash trees in the landscaping plan. Mr. Street noted the Village
wants to install similar trees, but not ash trees. Trustee Oppenheim explained that as this is a temporary
planting and as ash trees can be purchased at bargain prices, she asked that staff reconsider using them.
Staff will consult with Urban Forest Management. Ms. Little noted they were considering honey locust
as well, noting there are a number of them in the area.
NEW BUSINESS
AUTHORIZATION FOR VILLAGE Assistant to the Village Manager, Jenny Maltas, met
MANAGER TO SIGN CONTRACT with the Fine Arts Commission. They have been
WITH D &W EVENTS FOR 2011 very happy with D &W Events in the past and would
Board of Trustees Meeting
September 20, 2010
Page 7 of 9
FESTIVAL OF FINE ARTS like to authorize the Village Manager to sign a contract
for the 2011 Festival of Fine Arts. Ms. Maltas noted they
made small modifications to the contract based on past practices and are now requiring D &W Events to
provide overnight security.
Trustee Seiden made a motion to authorize the Village Manager to sign a contract with D &W Events for
the 2011 Festival of Fine Arts. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION FOR VILLAGE Ms. Maltas stated the Village applied for an energy
PRESIDENT TO SIGN SUB - CONTRACT and conservation block grant and received approval
WITH METROPOLITAN MAYORS to make energy efficient changes to the Village
CAUCUS FOR EECBG FUNDING Hall, the Police Department and the Township
offices. Trustee Struthers asked what the dollar savings
would be. Ms. Maltas explained there would not be a direct expense savings because the Village does
not pay for those services. The grant would pay $33,000, and the remaining amount would be picked up
by the Department of Commerce and Economic Opportunity. There would not be a cost to the Village.
Trustee Benton made a motion to authorize the Village President to sign a sub- contract with the
Metropolitan Mayors Caucus for EECBG Funding. Trustee Struthers seconded the motion. The motion
passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AWARD OF BID FOR DOOR Assistant Director of Public Works, Brad Fink,
REPLACEMENT AT THE WARWICK explained the Warwick Road Station was constructed in
STATION 1989. Currently, the doors and hardware have various
deterioration and corrosion issues. Staff requested
proposals for replacement. The lowest proposal came from Wilson Home Restoration in the amount of
$15,277. Staff performed reference checks, which came out favorably. Staff requests the formal
bidding process be waived and the lowest quote for door replacement at the Warwick Station be
awarded to Wilson Home Restoration in an amount not to exceed $15,277.
Trustee Jester made a motion to waive the formal bidding process and award the door replacement at the
Warwick Road Station contract to Wilson Home Restoration in an amount not to exceed $15,277.
Trustee Struthers seconded the motion. Mayor Rosenthal asked why the Village sent out a proposal
instead of a bid request. Mr. Street explained the bid process would add $5,000 - $10,000 in internal
costs. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
September 20, 2010
Page 8 of 9
AWARD OF BID FOR ROOF
Mr. Fink explained the three stations were all built in
REPLACEMENT AT THE DEERFIELD, the mid to late 1980s. The roofs now need to be replaced,
WILMOT AND WARWICK ROAD which are proposed budget improvements. An RFP was
STATIONS sent out and Correct Roofing and Construction was the low
bidder in the amount of $24,751.14. Staff has worked with
Correct Roofing and Construction in the past and was satisfied with their work. Due to the condition of
the existing roofs, the deteriorated sheeting may need to be replaced as well. Staff is requesting an
additional expenditure of $3,000 and a waiver of the formal bidding process.
Trustee Jester made a motion to waive the formal bidding process and award the contract for roof
replacement at the Deerfield, Wilmot and Warwick Road Stations to Correct Roofing and Construction
in an amount not to exceed $27,751.14. Trustee Benton seconded the motion. Mr. Street noted that the
Village has received competitive proposals. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
REQUEST FOR AUTHORIZATION TO
DEMOLISH DANGEROUS BUILDING
AT 1515 WILMOT
dangerous structure. Although the Villagt
currently exist.
Mr. Street explained that following a structure fire
in 2008, Village code enforcement staff attempted
_to work with the property owner. After several
unsuccessful attempts, staff is asking to demolish the
could place a lien on the property, several other liens
Trustee Struthers made a motion to authorize the demolition of a dangerous building located at 1515
Wilmot Road in an amount not to exceed $20,000. Trustee Oppenheim seconded the motion.
Trustee Farkas noted this home is under foreclosure, which suggests the owner does not have the means
to recover the costs. Mr. Case stated the Village has chased the owner for the past two years, and the
liens exceed the property value. Trustee Farkas would like to chase after the owner on a personal level,
but realizes the Village would spend more time and resources than what would be recovered. Mayor
Rosenthal noted the neighbors have been very patient. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION TO AWARD BID Ms. Little explained the mechanic and staff prepared
FOR ONE NEW 2010 HYDRAULIC specifications and advertised the purchase of a new
HAMMER concrete breaker on September 15, 2010. Two bids were
received, and one did not meet the specifications.
Trustee Seiden made a motion to award the bid for one new 2010 hydraulic hammer to Burris
Equipment Co. in an amount not to exceed $13,900. Trustee Farkas seconded the motion. The motion
passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
1
1
1
Board of Trustees Meeting
September 20, 2010
Page 9 of 9
DISCUSSION
HOMECOMING Mayor Rosenthal reminded residents that Homecoming
is this weekend in Deerfield. The Village did some liquor
sales compliance checks. She reminded residents that the Village would not tolerate improper behavior
and hopes that students, as well as their parents, make safe choices.
HOME APPRAISAL Trustee Farkas stated that residential home sales
are not tracked, but he has some encouraging news. He
recently refinanced his home, and the appraisal two years ago was very difficult because there was a
lack of sales. His current appraisal showed a 10% increase. Trustee Farkas believes the general outlook
is positive. Mayor Rosenthal noted that Mr. Case would get some information about houses and would
present the information in his six -month report next month. Trustee Jester noted the information would
also be available from the Township.
TRUSTEE IN THE TOWN Trustee Seiden stated that Mayor Rosenthal and Trustee
Struthers would be present at the Farmer's Market on
October 2 "d for Trustee in the Town.
NOMINATING PETITIONS Mr. Street reported, as Village Clerk, that nominating
petitions for Village Trustee would be available tomorrow.
The petitions must be completed and returned between December 13 and December 20, 2010. He noted
this was one month earlier than in the past. Mr. Street noted the packets would be available at the front
counter at Village Hall.
ADJOURNMENT
A - r'rUQ�r.
There being no further business or discussion, the
meeting was adjourned at 9:12 PM.
APPROVED:
Mayor