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December 6, 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 December 6, 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 (arrived 7:40 pm)
Thomas Jester
Mary Oppenheim
William Seiden
Absent: Barbara Struthers
and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz
and Kent Street, Village Manager.
CONDOLENCES Mayor Rosenthal noted that lifelong resident and Village
historian John Willman passed away last week. Mr. Willman
was also instrumental in preserving and improving the Deerfield Cemetery, and he will be missed by
all. Those in attendance observed a moment of silence.
PLEDGE OF ALLEGIANCE Cher Hanson from Parents. The Anti Drug led those in
attendance in reciting the Pledge of Allegiance. Ms.
Hanson stated Parents. The Anti Drug serves all the areas that feed into School District 113. Their
executive board members have students in schools within the communities of Deerfield, Highland
Park, Riverwoods, Bannockburn and Highwood. Ms. Hanson stated that their main goal is to prevent
the use of alcohol and marijuana, which are the gateway for other drugs. She stated that parents are
the number one influence in a child's life. Ms. Hanson stated they send out monthly emails to
parents in all five communities with tips for talking and conversation starters, local data, scientific
research about alcohol and drugs, reminders and updates on local policies and laws and additional
resources for parents. They have a new website: www.parentstheantidrug_org.
Trustee Oppenheim asked if the organization has utilized the public access television channels. Ms.
Hanson stated they hoped to be using school resources and posting video clips going forward.
PROCLAMATION Mayor Rosenthal recognized Parents. The Anti -
Drug for their outstanding contributions to the Village of
Deerfield. Trustee Oppenheim made a motion to approve the proclamation. Trustee Benton
seconded the motion. The motion passed unanimously.
MINUTES OF PREVIOUS MEETING Trustee Oppenheim made a motion to approve the
Minutes from the November 15, 2010 Board of Trustees
meeting. Trustee Benton seconded the motion. The motion passed unanimously.
Village of Deerfield
December 6, 2010
Page 2 of 9
BILLS AND PAYROLL Trustee Seiden made a motion to approve the Bills
and Payroll dated December 6, 2010. Trustee Farkas
seconded the motion. The motion passed with the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
PRESENTATION OF GFOA Mayor Rosenthal announced that the Government
DISTINGUISHED BUDGET AWARD Finance Officers Association presented the
Distinguished Budget Award to the Village for the fiscal
year beginning May I, 2010. Mr. Fialkowski stated the Village has received this award since May 1,
1991. He explained the award, combined with the accounting award for comprehensive financial
reporting, represent the highest possible clarity and transparency in how the budget and financial
reports are presented. He thanked the entire finance department for their part in putting together the
documents required for this award, including highlighting the goals of the year.
PUBLIC COMMENT There was no Public Comment.
REPORTS
REPORT AND RECOMMENDATION Jenny Maltas, Assistant to the Village Manager,
FROM THE FAMILY DAYS reported the Family Days Commission has
COMMISSION RE: BUDGET AND instituted monthly meetings. They have two co-
CHANGES FOR 2011 FAMILY'DAYS chairs, Barbara Reich and John Coughenour who,
along with their committee, put together a budget and
parameters for Family Days 2011. Ms. Maltas stated they have also discussed some changes they
want made for the 2011 Family Days event.
Co -Chair Barbara Reich explained they would like to better organize their efforts going forward. She
said they created a budget and would look into cutting some things that are not needed. They will
also try to increase revenues by looking for corporate sponsors. Co -Chair Reich hopes to also bring
in other donations from community.
Trustee Jester asked about revenue from the pancake breakfast. Co -Chair Reich explained the Family
Days Commission does not get that revenue; rather, it goes to the Patty Turner Center.
Mayor Rosenthal noticed the Commission is trying to increase the number of food vendors. Co-
Chair Reich explained they will change their tactics by making the event more of a Taste of
Deerfield. Food vendors will be charged a nominal fee. The Village will no longer provide
generators or electricity. They are trying to make the food vendors feel like a part of Family Days.
They support the community in many ways, and this would be an opportunity to showcase their
wares and advertise their businesses. The food vendors will be present both July 3`a and July 4th and
the expanded offerings will be publicized. Mayor Rosenthal noted that Family Days is a Village
highlight. Co -Chair Reich also noted the Family Days Commission has four vacancies and
encouraged residents that want to get involved to apply.
Village of Deerfield
December 6, 2010
Page 3 of 9
Trustee Oppenheim made a motion to accept the report and recommendation of the Family Days
Commission regarding the budget and proposed
changes for the 2011 Family Days. Trustee Benton
seconded the motion. The motion passed by
the following vote:
AYES: Benton, Farkas, Jester, Oppenheim,
Seiden (5)
NAYS: None (0)
REPORT AND RECOMMENDATION
The Plan Commission held a Public Hearing on
OF THE PLAN COMMISSION RE:
November 18, 2010 to consider a request for a
REQUEST FOR A SPECIAL USE TO
Special Use to permit the establishment of a
PERMIT THE ESTABLISHMENT OF A
restaurant at 649 Lake Cook Road for D.C. Sarnies
RESTAURANT AT 649 LAKE COOK
in the Deerfield Depot/Home Depot development.
ROAD FOR D.C. SARNIES IN THE
The Plan Commission voted 6 -0 in favor of the
DEERFIELD DEPOT /HOME DEPOT
recommendation. The Appearance Review
DEVELOPMENT
Commission held a preliminary review on
November 22, 2010 and the plans, including the
proposed sign variance, were well received by ARC members.
Robert LaPata, Managing Partner with D.C. Samies; Lillian Reyes - Brahar, Project Coordinator with
Aria Group Architects, Inc.; and Stu Rosen, Vice President of Highland Baking Company were
present. Mr. Rosen explained that D.C. Sarnies would be an affiliate of the family business of
Highland Baking Company. He explained that 15% of their business is fresh baked product that goes
to restaurants in the Chicago area, and 85% is sent out frozen to major restaurant chains across the
country. He explained the purpose of D.C. Sarnies is twofold. They want to present a testing ground
for their products and allow the chains to test their own products as well.
Mr. Rosen discussed the proposed changes for the restaurant. He explained'their theme would be
classic with a twist. They will do a little work in the inside of the restaurant, and will also provide
outdoor seating. They will have a carry -out area. Breads will not be baked in the restaurant, but in
their Northbrook bakery. It will have upscale, casual dining, with a sandwich and bread focus.
Trustee Oppenheim noted the exterior looks very sharp.
Trustee Farkas made a motion to accept the report and recommendation of the Plan Commission
regarding the request for a Special Use to permit the establishment of a restaurant at 649 Lake Cook
Road for D.C. Sarnies in the Deerfield Depot/Home Depot development. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE APPROVING A TOM &
EDDIE'S RESTAURANT AT
DEERFIELD SQUARE — 1R
An Ordinance approving a Tom & Eddie's
Restaurant at Deerfield Square. First Reading.
Village of Deerfield
December 6, 2010
Page 4 of 9
OLD BUSINESS
ORDINANCE 0 -10 -36 PERMITTING A An Ordinance permitting a front yard variation for
FRONT YARD VARIATION FOR 1105 the property located at 1105 Cherry Street.
CHERRY STREET
Trustee Oppenheim made a motion to waive the First
Reading of the Ordinance. Trustee Farkas seconded the motion. The motion passed by the following
vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
Trustee Farkas made a motion to adopt the Ordinance. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
NEW BUSINESS
PUBLIC HEARING ON THE PROPOSED Trustee Seiden made a motion to open the Public
2010 TAX LEVY Hearing. Trustee Benton seconded the motion. The
motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
Mr. Fialkowski discussed the proposed 2010 Property Tax Levy, including the Deerfield Public
Library. Based on the budget approved in April and the discussion of the levy by the Library Board,
a total combined levy (pre- abatement) of $7,971,894 was identified for both entities. The Village's
proposed levy is broken into four parts; the General Fund is $2,140,000, the Scavenger Fund is
$883,428, the Infrastructure Fund is $45,000 and the Debt Services Fund is $1,853,466. Mr.
Fialkowski noted that Exhibit A in the levy report breaks down the numbers and indicates the
proposed abatement, which is a reduction in the levy by $1,350,982 for the debt services fund. The
abatement consists of payments for the 2003 Water Improvement bonds, the 2008 corporate bonds
and the 2010 bonds. These will be abated with funds from the General Fund. The net Debt Service
levy will consist of the debt service that will be used for the treatment plant bond issue. The Village
levy is an 18% increase over last year's levy. The library's levy would increase just over 5 %. The
net levy would be just over 11% higher. There are increases of $155,000 to the General Fund levy
and $42,000 to the Scavenger Fund levy. The Scavenger Fund is slightly negative in net assets. The
Scavenger Fund is based on usage fees and property tax. The estimate of property tax rate is
projected at .223 compared to .191 for the Village. The library will be .191 vs. .183. The net effect
on a typical $500,000 home will be about $55, from $318 to $372 for the Village. Most of the
increase is going to the treatment plant. The total annual cost for the sewer operations is about $280
usage fee. Other towns have an approximate usage fee of $550 for sewage treatment. The total
proposed levy after abatements for the Village is $3,570,912 and the library is $3,050,000.
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Village of Deerfield
December 6, 2010
Page 5 of 9
Mr. Fialkowski stated the referendum approved library debt service for capital services will not
appear on the tax bill until 2012.
Mayor Rosenthal asked why the scavenger levy was put on the taxes. Mr. Fialkowski noted
historically it gives residents the opportunity to use the deduction on their own taxes, and the
commercial EAV supports the amount paid for the service provided to residential property.
Trustee Jester asked if commercial recycling would change the levy. Mr. Street explained that if the
Village implemented commercial recycling, it could potentially help offset some of the costs. He
noted that the State implemented a 15 -month waiting period for commercial waste franchises.
Trustee Oppenheim commended Mr. Fialkowski for providing the Board with a readable report that
is clear, complete and thorough. She noted it is available for residents to view and see how their
money is being u §ed. She thought Exhibit F comparing wastewater treatment costs puts into
perspective how well Deerfield ranks and takes care of the residents.
Trustee Benton noted the largest part of the levy increase is the water filtration plant. He
congratulated the Public Works and Engineering Departments, architects and consultants on the plant
and the new, improved pollution controls. He believes this will help the Village and provide great
benefits into the future. Trustee Seiden congratulated the Deerfield Library on the passage of the
referendum.
Trustee Benton made a motion to close the Public Hearing. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
ORDINANCE LEVYING TAXES FOR An Ordinance levying taxes for corporate purposes
CORPORATE PURPOSES FOR THE for the current fiscal year, commencing on the first
CURRENT FISCAL YEAR,
day of May 2010 and ending on the thirtieth day of
COMMENCING ON THE FIRST DAY
April 2011 for the Village of Deerfield, Lake and
OF MAY 2010 AND ENDING ON THE
Cook Counties. First Reading.
THIRTIETH DAY OF APRIL 2011, FOR
THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES — 1 R
ORDINANCE ABATING ALL OF THE
An Ordinance abating all of the 2010 tax levy
2010 TAX LEVY REQUIREMENTS FOR
requirements for the Series 2003 General Obligation
THE SERIES 2003 GENERAL
Refunding Bonds. First Reading.
OBLIGATION REFUNDING BONDS -1R
ORDINANCE ABATING ALL OF THE An Ordinance abating all of the 2010 tax levy
2010 TAX LEVY REQUIREMENTS FOR requirements for the Series 2008 General Obligation
THE SERIES 2008 GENERAL Refunding Bonds. First Reading.
OBLIGATION REFUNDING BONDS -1R
Village of Deerfield
December 6, 2010
Page 6 of 9
ORDINANCE ABATING ALL OF THE An Ordinance abating all of the 2010 tax levy
2010 TAX LEVY REQUIREMENTS FOR requirements for the Series 2010 General Obligation
THE SERIES 2010 GENERAL Refunding Bonds. First Reading.
OBLIGATION REFUNDING BONDS -1R
AWARD OF PHASE II ENGINEERING Assistant Village Engineer Bob Phillips explained
DESIGN SERVICES CONTRACT FOR that every year the Public Works and Engineering
THE LAKE ELEANOR DRIVE AND Departments look for projects they can begin to
THE HEATHER ROAD design to keep infrastructure projects coming from
RECONSTRUCTION PROJECTS year to year. They discussed two projects for Phase
II engineering this year. The first is Heather Road
between Deerfield Road and Manor and Lake Eleanor between Wilmot and the end. Mr. Phillips
explained the objective of Phase II engineering is to include a refined scope of the project and prepare
cost estimates, bidding documents and design plans. Mr. Phillips explained these projects are part of
the 2012 Capital Improvement Plan. He stated the design takes between 12 and 18 months. Most of
the roadways have deteriorated and have had many water main breaks. They are beyond their useful
design life and need to be replaced.
The Village budgeted $100,000 for the design of both projects. Three proposals were received. The
most cost effective and comprehensive approach was received from Gewalt Hamilton in the amount
of $81,000.
Trustee Farkas noted there was a lower bidder, but the difference was not substantial. Mr. Philips
explained that Gewalt Hamilton will give the Village the most work for the money, as their proposal
had a more comprehensive approach.
Trustee Jester made a motion to award the Phase II Engineering Design Services contract for the
Lake Eleanor Drive and the Heather Road reconstruction projects to Gewalt Hamilton in an amount
not to exceed $81,000. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
AUTHORIZATION TO AWARD THE
PHASE I ENGINEERING SERVICES
CONTRACT FOR DEERFIELD ROAD
Mr. Phillips reported that the Village has had
discussions with the Lake County Division of
Transportation, who have expressed interest in a
RECONSTRUCTION Judicial Transfer of Deerfield Road within the Village of
Deerfield. A Judicial Transfer would give ownership of
Deerfield Road to the County once construction is complete. Traffic signal maintenance, utility
operations and snow /ice removal would remain the responsibility of the Village. Mr. Phillips
explained the County is interested in high volume routes because they can better manage the traffic
control timing and repairs. Mayor Rosenthal stated that the Village stays on top of the roads in
Deerfield because we realize the importance of keeping up with them. She asked how this would
play out with Lake County having jurisdiction over the road. Mr. Phillips explained that major repairs
would be the County's responsibility, while routine maintenance and plowing would be the Village's.
Village of Deerfield
December 6, 2010
Page 7 of 9
Trustee Oppenheim asked if the County would also get jurisdiction in Highland Park. Mr. Phillips
explained they were talking to Highland Park as well, and they already have jurisdiction up to
Wilmot Road from the west. They have expressed interest in jurisdiction from Wilmot Road east to
Highland Park.
Trustee Benton noted the Board is reacting to issues the Village has had with Cook County. Mr.
Phillips believes that Lake County will live up to their bargain. Trustee Jester asked if federal
funding would be available without the Judicial Transfer. Mr. Phillips explained that federal funding
comes through the State and County. The Phase I Engineering Study would go through the
environmental impacts and is required for all federally funded projects. Mr. Phillips noted that
federal funding is usually contingent upon the County.
Trustee Oppenheim noted the Village would pay for the Phase I Engineering Study and would get
grant money for the construction. Mr. Phillips explained that the Wilmot Road project was funded
that way. He explained that the Lake County Council of Mayors requires that the Village pay for
Phase I and Phase II Engineering, so they know that the Village has a commitment to the
construction.
Trustee Benton asked if the Village could get some assistance moving utility poles from the sidewalk
to get the widened highway. Mr. Phillips explained they were trying to move the power lines
underground, but the cost is very high.
Trustee Jester asked if Lake County standards are different than the Village of Deerfield standards.
Mr. Phillips explained the traffic signals could vary because IDOT has different standards than Lake
County, but most are IDOT standards we share with Lake County.
Trustee Seiden asked if maintenance would be done by the County, once the Jurisdiction Transfer
was completed. Mr. Phillips explained it would need to be worked out, but major construction and
patching would fall under Lake County jurisdiction. Trustee Seiden asked if overhead cameras
would be installed. Mr. Phillips explained that is a Lake County standard. Trustee Jester asked if the
south side sidewalk would be put on hold. Mr. Phillips explained it would be put on hold until 2013,
to minimize the impact on residents. Mayor Rosenthal asked if the County would consider moving
up the project. Mr. Phillips explained the Phase I study could take one year and would still need
approval. The Phase II study could not begin until after approval of Phase 1, so the project is three
years out.
Mr. Phillips noted that Christopher Burke Engineering Ltd. provided the most comprehensive and
cost effective project scope. The Director of Public Works and Engineering recommends that the
Phase I Engineering Services Contract for Deerfield Road reconstruction be awarded to Christopher
Burke Engineering Ltd., in an amount not to exceed $168,560.
Trustee Jester made a motion to award the Phase I Engineering Services Contract for Deerfield Road
reconstruction to Christopher Burke Engineering Ltd., in an amount not to exceed $168,560. Trustee
Benton seconded the motion.
Village of Deerfield
December 6, 2010
Page 8 of 9
Mayor Rosenthal noted the Village budgeted $75,000 in 2010 -2011 and asked how this would stay in
budget. Mr. Phillips explained they would spend a portion of the money in January, and the second
part of the expense would be in the next budget.
Trustee Seiden asked if Christopher Burke Engineering Ltd. has performed any work within the
Village. Mr. Philips explained they have done a lot of work in the Chicago area. They have an
excellent design team and are very well known.
Mayor Rosenthal noted that people expected the sidewalks would be completed next year. Now, it
will be five years from when it was promised. The Village identified a danger and now is saying it
can wait. Mr. Street explained that staff would look at doing the south sidewalk sooner. He noted
the Village also should look at the cost to redo Deerfield Road. Mr. Phillips noted the estimated cost
is $5 —10 million. Trustee Jester noted that project could impact the recently completed sidewalks.
Turstee Oppenheim noted the engineering study could have an impact on what is done with the
sidewalks. She believes it should be done together.
Barbara Little explained that the Village is unable to move forward on the Deerfield Road sidewalk
project because of delays at IDOT. They can look at alternatives to the sidewalks where there is
sufficient right -of -way.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
APPROVAL OF PROPOSED PUBLIC Mayor Rosenthal reported that the Illinois General
COMMENT POLICY Assembly passed a bill that requires municipalities
to have a Public Comment section during their public
meetings. The Board had reviewed the proposed policy at the November 22, 2010 Committee of the
Whole meeting.
Trustee Jester made a motion to approve the Public Comment policy. Trustee Farkas seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
ORDINANCE 0 -10 -37 AMENDING THE
MUNICIPAL CODE TO ALLOW DRUG
AND GROCERY STORES TO REMAIN
OPEN BEYOND THE HOURS THEY
ARE PERMITTED TO SELL
ALCOHOLIC BEVERAGES
The proposed amendment would add retail
grocery stores to the list of exceptions.
Mr. Coblentz reported that Walgreens and staff
noted that a portion of the Liquor Code stated that
liquor dealers could not remain open for business
after liquor closing hours. Walgreens is a 24 -hour
operation, and the Jewel -Osco in Deerbook remains
_open past 11:00 p.m. as well. The Village's
ordinance includes exceptions for hotels and restaurants.
irug stores that operate during liquor closing hours and
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Village of Deerfield
December 6, 2010
Page 9 of 9
Trustee Seiden made a motion to waive the First Reading of the Ordinance. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
Trustee Oppenheim made a motion to adopt the Ordinance amending the Municipal Code to allow
drug and grocery stores to remain open beyond the hours they are permitted to sell alcoholic
beverages. Trustee Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden (5)
NAYS: None (0)
Mayor Rosenthal'commented that the Walgreens windows look nice.
DISCUSSION
THANK YOU Mayor Rosenthal thanked everyone who worked so
hard on the holiday celebration the past weekend. It was
a great weekend, and she hopes everyone had a good time. She also thanked the Public Works
Department for removing the snow from the first snowfall.
ADJOURNMENT There being no further business or discussion, the
meeting was adjourned at 9:12 p.m.
ATTEST:
illage Clerk
APPROVED:
Mayor