09/19/2011September 19, 2011
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 September 19, 2011 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 Deerfield High School principal Audris Griffith led
those in attendance in reciting the Pledge of
Allegiance.
MINUTES OF PREVIOUS MEETING Trustee Farkas made a motion to approve the
minutes from the September 6, 2011 Board of
Trustees meeting. Trustee Benton seconded the motion. Trustee Benton made an amendment to
the minutes. The motion passed unanimously.
BILLS AND PAYROLL
Trustee Oppenheim made a motion to approve the
Bills and Payroll dated September 19, 2011.
Trustee Struthers seconded the motion. The motion passed by the following vote
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
TREASURER'S REPORT Finance Director, Bob Fialkowski presented
highlights from the Treasurer's Report representing
the first third of the fiscal year, through August 31, 2011. He noted a slight decrease in monthly
sales tax and hotel tax while building permits and water revenue increased.
Mr. Fialkowski reported that Moody's Investor Services affirmed the Village's Aaa bond rating.
Mr. Fialkowski noted that many factors contributed to the Village receiving the highest possible
bond rating including a healthy fund balance and full contributions to the pension fund and
Illinois Municipal Retirement Fund.
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Mayor Rosenthal noted the Illinois Finance Authority recently approved a $13 million allocation
to the Village of Qualified Energy Conservation Bonds. She thanked Mr. Fialkowski and Mr.
Burk for their hard work in attaining this allocation. Mayor Rosenthal also thanked State Senator
Susan Garret for her critical assistance.
PUBLIC COMMENT There was no Public Comment.
REPORTS
PUBLIC HEARING RE: Trustee Jester made a motion to open the Public
RESTRUCTURING OF EDUCATION Hearing. Trustee Oppenheim seconded the motion,
FACILITY REVENUE BONDS The motion passed unanimously.
Michael Small, President of Chicagoland Jewish High School, reported the court unanimously
approved the bond restructuring last week. Mr. Small summarized the revenue bond program
that was discussed by the Board in August. He stated the Chicagoland Jewish High School
continues to grow and currently enrolls 167 students, many of which will go on to attend
prestigious colleges and universities.
Mr. Lee, Counsel to the Village from Greenberg Traurig, noted this bond restructuring would not
have a negative effect on the Village. Mayor Rosenthal questioned if this bond issuance would
hurt the Village in getting bank - qualified loans? Mr. Lee reassured the Board that investors will
recognize that the Village is not liable for this debt and confirmed this does not have any impact
on the Village's ability to issue debt.
Trustee Benton made a motion to close the Public Hearing. Trustee Struthers seconded the
motion. The motion passed unanimously.
ORDINANCE 0 -11 -29 APPROVING An Ordinance approving the restructuring of
RESTRUCTURING OF EDUCATION education facility revenue bonds. Trustee Seiden
FACILITY REVENUE BONDS 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, Struthers (6)
NAYS: None (0)
Trustee Farkas made a motion to 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)
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REPORT OF THE FAMILY DAYS Family Days co- chairs, Barbara Reich and John
COMMISSION AND AUTHORIZATION Coughenour reported the Family Days Commission
FOR VILLAGE MANAGER TO SIGN met in September and adopted a budget for 2012.
CONTRACT WITH FUN SERVICES They will be making some changes to improve
FOR 2012 FAMILY DAYS Family Days while reducing costs. Trustee Struthers
noted there are a number of volunteers that enjoy
working during the pancake breakfast and was wondering if there would be other opportunities
for volunteers if the pancake breakfast was modified. Ms. Reich explained there are always
opportunities for volunteers. Mayor Rosenthal noted that nothing has been finalized and the
Commission is still looking at a number of different options. Co -Chair Reich reminded residents
to visit the Village website for information about the event.
Trustee Oppenheim made a motion to accept the report of the Family Days Commission and to
authorize the Village Manager to sign a contract with Fun Services for Family Days 2012.
Trustee Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF Mr. Street reported the Plan Commission
PLAN COMMISISON RE: REQUEST
considered the petition at pre - filing hearings on
FOR A TEXT AMENDMENT FOR
June 23, 2011 and July 28, 2011. They held a
PROPOSED ADVERTISING SIGNS ON
Public Hearing on August 25, 2011 and voted
SPORTS FENCES FOR DEERFIELD
5 -0 in favor of sending a favorable recommendation
HIGH SCHOOL — 1959 WAUKEGAN
to the Board with the caveat that the petitioner
appear before the Plan Commission for approval on
their final scoreboard design.
Assistant #113 Superintendent of Finance, Barry Bolek and DHS Principal Audris Griffith, made
a presentation showing the proposed improvements and stated the school is interested in
installing flex fence as an added safety feature. The proposed advertising would be a new source
of revenue for the school and their intention is to increase visibility of local establishments and
encourage parents, students, visitors and members of the community to shop and eat at local
businesses.
Mr. Bolek noted the scoreboard would be an additional request that the school will not pursue for
a few years. The scoreboard would be a digital sign and would only be turned on when there are
games or activities at the stadium. The proposed fence for softball and baseball would have 3x5'
panels using half of the panels for advertising. The color scheme would provide a consistent and
attractive visual layout with no more than three colors allowed in an advertisement.
The proposed flex fence for football will have 4x10' aluminum framed panels which are more
durable and safer than the current snow fences and metal fence posts.
Trustee Struthers questioned how they will determine which advertisements are displayed. Mr.
Bolek explained the DHS Booster Club would be selling the panels and they will offer it to local
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September 19, 2011 - °-- -�-,
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businesses first. Trustee Struthers stated she believes the school can get more than $60,000 from
the advertisements. Mr. Bolek explained that they are selling the panels the first two years to
establish it in this difficult economic time.
Mr. Bolek noted that Deerfield High School supports 29 athletic programs. They have reduced
their sport programming by more than $250,000 and rely on fundraising and the support from
Boosters and other supporting organizations. The school needs alternative sources of revenue to
support athletics and other activities.
Mr. Bolek explained he has heard the concerns of neighboring residents and feels that setback
distance, the parked cars, foliage and fencing will buffer the signs. He noted that when the
foliage is gone for the winter the fences will be taken down as no sports will be taking place.
Mr. Bolek reviewed the inaugural terms of the advertisements and estimates the advertisements
to yield $339,000 over a five -year period.
Trustee Seiden asked if there were any restrictions on the type of advertising. Mr.,Pollack
explained the School Board has strict policies and would not allow any inappropriate
advertisements that would go against the Board's policies.
Trustee Struthers expressed concern about setting a precedent, because there are a number of
athletic fields in Deerfield. She noted approving this advertising could open the door for
advertising on athletic fields throughout Deerfield which would create a more commercial
appearance than she would like to see in the Village.
Mr. Coblentz explained the text amendment would only apply to Deerfield High School. Trustee
Jester asked what would happen if the Park District or elementary school district made a similar
request. Trustee Oppenheim noted they would need to come to the Board for permission.
Mr. Bolek reported they would not restrict the advertising to local businesses; however, they
would offer advertising space to local businesses first. Mayor Rosenthal noted that other
businesses would still have to meet the School District's standards.
Trustee Oppenheim believes the buffering between the softball field and the neighbors is
adequate. She applauded the school for wanting a consistent, appealing look. Trustee
Oppenheim also thinks the fences will be safer for students and likes the flexibility.
Trustee Oppenheim made a motion to accept the report and recommendation of the Plan
Commission. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, (5)
NAYS: Struthers (1)
Plan Commission member Larry Berg explained that only two neighbors voiced concerns. The
Plan Commission looked into it carefully, and believes there is enough buffering and it would
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September 19, 2011
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have minimal impact. The safety features, revenue for the school and revenue for local business
far exceeded any negative impact.
REPORT AND RECOMMENDATION OF Al Bromberg, Chairman of the Safety Council,
THE SAFETY COUNCIL RE: REQUEST explained he was approached by Julie Morrison to
TO PROHIBIT HANDHELD DEVICES assist with the Don't Text and Drive campaign.
WHILE DRIVING The Safety Council discussed it at great length and
expanded it to include prohibition of handheld
devices while driving. The Safety Council feels it would be appropriate to enact an ordinance
similar to one enacted recently by Highland Park.
Trustee Oppenheim asked about the enforcement and penalties. Chief Sliozis explained a
determination would need to be made as to whether this ordinance would be a primary or
secondary offense. He also noted the fines would be up to the Board. He did note that other
communities have started to enforce this and believes making it a primary offense would be
appropriate. Chief Sliozis explained this matter is truly a State issue and his first preference
would be for statewide legislation.
Chief Sliozis noted that other communities have put together informational campaigns following
passage of similar ordinances to inform the public. Mayor Rosenthal expressed concern that they
would need to put up signage at the entrances of the Village and Mr. Coblentz concurred.
Ch. Bromberg believes enforcing a ban on all handheld devices would be easier to enforce than
just a texting ban. Trustee Oppenheim asked if the Safety Council did any research on other
communities that have handheld device or texting bans. Ch. Bromberg explained the Safety
Council looked at Winnetka, Evanston and Chicago.
Chief Sliozis explained that one of the most successful campaigns is the seatbelt campaign. The
campaign consisted of education followed by enforcement. Mayor Rosenthal explained that at
one point, the curfew in Deerfield was different than the surrounding communities and similarly
a ban on handheld devices will require education before enforcement.
Larry Dondanville, 717 Westgate Road believes that the cell phone and communications lobby is
working to oppose this type of legislation. His research indicates it is the conversation rather
than actually holding the device in your hand that impairs the driver. Mr. Dondanville noted this
is a serious issue as evidenced by the 1.6 million accidents in the United States annually
according to the National Safety Council. He believes the Village should prohibit the use of
hands free as well as handheld devices while driving. Mr. Dondanville applauds the Safety
Council for bringing this to the Board.
Trustee Farkas made a motion to accept the report and recommendation of the Safety Council.
Trustee Struthers seconded the motion. Mayor Rosenthal added that the Village already has a
personnel policy in place with the exemption of emergency responses. Trustee Oppenheim
asked if Mr. Coblentz would look at Highland Park's ordinance before writing an ordinance for
Deerfield. Mr. Coblentz explained he would look at Highland Park and other neighboring
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September 19, 2011
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communities. Mr. Dondanville suggested Mr. Coblentz look at the recommendations from the
National Safety Council and other groups as well.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
REPORT AND RECOMMENDATION OF Mr. Street reported the petition was withdrawn by
THE BOARD OF ZONING APPEALS the petitioner.
FOR A FRONT AND SIDE YARD
VARIATION 966 CHESTNUT
CONSENT AGENDA
ORDINANCE 0 -11 -30 APPROVING A An Ordinance approving a six -month extension of
SIX MONTH EXTENSION TO MARCH temporary zoning relief for Honyuest Furniture, to
1, 2012 OF TEMPORARY ZONING March 1, 2012. Second Reading.
RELIEF FOR HONQUEST FURNITURE
ORDINANCE 0 -11 -31 APPROVING A An Ordinance approving a special use to permit the
SPECIAL USE TO PERMIT THE establishment of a one -on -one learning and tutoring
ESTABLISHMNET OF A ONE -ON -ONE center for Lindamood -Bell. Second Reading.
LEARNING AND TUTORING CENTER
ORDINANCE 0 -11 -32 APPROVING AN An Ordinance approving an amendment to a special
AMENDMENT TO A SPECIAL USE FOR use for the Deerfield Public Library renovations.
THE DEERFIELD PUBLIC LIBRARY Second Reading.
RENOVATIONS — 2R
RESOLUTION R -11 -12 AUTHORIZING A Resolution authorizing the Village's continued
THE VILLAGE'S CONTINUED participation in the Suburban Tree Consortium.
PARTICIPATION IN THE SUBURBAN
TREE CONSORTIUM
Trustee Struthers made a motion to approve the Consent Agenda and adopt the Ordinances.
Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
OLD BUSINESS
ORDINANCE 0 -11 -33 AMENDING An Ordinance amending the Zoning Ordinance of
THE ZONING ORDINANCE OF THE the Village of Deerfield to establish a maximum
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VILLAGE OF DEERFIELD TO
ESTABLISH A MAXIMUM
ALLOWABLE SIZE FOR A BUSINESS
allowable size for a business wall sign in the
commercial zoning districts. Second Reading.
WALL SIGN IN THE COMMERCIAL Mr. Street explained the Board considered this at
ZONING DISTRICTS — 2R great length during a previous meeting, but was
waiting for a full Board before holding the Second
Reading.
Trustee Farkas made a motion to adopt the Ordinance. Trustee Struthers seconded the motion.
Trustee Jester noted the Village has regulations in place and dealt with businesses on an
exception basis and this ordinance is too overreaching.
The motion passed by the following vote:
AYES: Benton, Farkas, Seiden, Struthers (4)
NAYS: Jester, Oppenheim (2)
NEW BUSINESS
ORDINANCE 0 -11 -34 APPROVING A An Ordinance approving a special use to permit the
SPECIAL USE TO PERMIT THE
establishment of outdoor dining areas, and an
ESTABLISHMENT OF OUTDOOR
increase in the height of a previously approved
DINING AREAS, AND INCREASE IN
ground sign for Rosebud Italian Country House and
THE HEIGHT OF A PREVIOUSLY
Pizzeria.
APPROVED GROUND SIGN FOR
ROSEBUD ITALIAN COUNTRY Trustee Farkas made a motion to waive the First
HOUSE AND PIZZERIA Reading of the Ordinance. Trustee Struthers
seconded the motion. Trustee Struthers would love
to see them open, but does not want to make a habit of waiving the First Reading of ordinances.
Trustee Farkas agrees, stating they could have been more responsible but in this particular
climate the Village needs to demonstrate willingness to assist businesses. Trustee Benton is
conflicted by the waiver request. He explained that the Commissions have spent a lot of time on
this petition and do a lot of work and he does not believe it helps the process when there is a
recommendation and the petitioner continues to make changes. He noted the Board has a general
policy to not provide a waiver for commercial petitions.
Trustee Seiden noted that unless it is demonstrated how the Village gains from denying the
waiver he would vote to accommodate the petitioner's request. Mayor Rosenthal explained the
Village is welcoming a new business into the community and believes they need to start on a
business- friendly basis. Trustee Oppenheim believes the Board should be consistent and
supportive of the procedures. She noted there is a reason the Village has First and Second
Readings. She does not see a reason to make an exception. Mayor Rosenthal explained they
have made exceptions for commercial businesses in the past and the reason for First and Second
Readings is to allow for public input.
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September 19, 2011
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The motion passed by the following vote:
AYES: Farkas, Jester, Seiden, Rosenthal (4)
NAYS: Benton, Oppenheim, Struthers (3)
Trustee Farkas made a motion to adopt the Ordinance. Trustee Seiden seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ORDINANCE INCREASING THE An Ordinance increasing the number of Class C
NUMBER OF CLASS C LIQUOR liquor licenses from 5 -6 for Noodles & Company.
LICENSES FROM 5 TO 6 FOR Adam Sonenshein , the General Manager of
NOODLES & COMPANY — 1 R Noodles & Company in Deerfield reported they will
serve four wines and four beers. All managers are
required to be BASSET certified and their company policy dictates that only managers can ring
up customers purchasing alcohol. He also noted that everyone is carded. Mayor Rosenthal
welcomed Noodles and Company to the Village and First Reading was held.
ORDINANCE AMENDING THE 2011 Mr. Street explained the Village proposes reducing
WAGE AND SALARY PLAN — 1 R the entry level Police Department Social Worker
annual salary by $20,000.
AUTHORIZATION TO PURCHASE Brad Fink, Assistant Director of Public Works and
TRAILER MOUNTED EMERGENCY Engineering, explained the Village had an
GENERATOR FOR THE WASTEWATER extended power outage in June. Typically, the
RECLAMATION FACILITY SATELLITE Village rents generators from suppliers; however,
FACILITIES due to the extent of the last outage the Village was
unable to rent a generator for its satellite wastewater
treatment facilities. Fortunately, a Wastewater Reclamation Facility contractor was able to loan
the Village their generator for 27 hours. Staff is requesting authorization to purchase a generator
and has solicited proposals. The lowest proposal came from Burris Equipment in the amount of
$19,470. The generator could be used at all the satellite facilities without a generator on site.
Mr. Fink is requesting the competitive bidding process be waived and the Village authorize the
purchase of a generator from Burris Equipment in an amount not to exceed $19,470.
Trustee Struthers made a motion to waive the competitive bidding process and authorize the
purchase of a generator from Burris Equipment in an amount not to exceed $19,470. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
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September 19, 2011
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AUTHORIZATION TO AWARD Mr. Fink reported the Village uses a SCADA
CONTRACT FOR VILLAGE OF system to monitor and control the Village water
DEERFIELD WATER SYSTEM SCADA distribution system. The system is comprised of
UPGRADE TO AUTOMATIC CONTROL various hardware and software designed to meet the
SERVICES needs of the Village. The Village's current SCADA
system was installed in 1998. The system runs well
but they are running into issues with the obsolete equipment causing expensive repairs. The
current years budget includes $20,000 to update the system. Mr. Fink noted the Village has used
Automatic Control Services in the past.
Trustee Jester made a motion to award the contract for the SCADA upgrade to Automatic
Control Services in an amount not to exceed $20,045. 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 suggested going to market and seeing what is available next time, as the
Village has been using Automatic Control Services since 1998. Mr. Fink explained they looked
into it when designing the Wastewater Reclamation Facility and found that Automatic Control
Services was very competitive. Staff will note to look at alternatives next time the system needs
replacement.
AUTHORIZATION TO AWARD Mr. Fink explained that in 2008, the Village
CONTRACT FOR THE VILLAGE OF commissioned RJN to do a study on rainwater
DEERFIELD INFLOW AND entering the Village's sanitary system. The first year
INFILTRATION REDUCTION focused on the northeast quadrant of the Village. In
PROGRAM 2010, RJN completed inspection of the northeast
quadrant and provided the Village with a report and
recommendations for private and public sector issues. The Village is currently addressing public
sector issues. Mr. Fink would like the Board to authorize smoke testing in the northwest
quadrant and develop a private sector pilot program for the northeast quadrant. RJN has
submitted an engineering service agreement for the next phase, which was discussed at great
length at the Committee of the Whole meeting on August 29, 2011. If the Board approves this,
staff would move ahead with smoke testing. The private sector program will come back before
the Board for review prior to implementation. Mayor Rosenthal noted the $221,180 includes the
private sector pilot program. Mr. Fink noted the Village would only be charged for the work
performed, should they decide to only go forward with part of it.
Trustee Farkas made a motion to authorize the contract for the Deerfield inflow and infiltration
reduction program to RJN in an amount not to exceed $221,180. Trustee Oppenheim seconded
the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
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September 19, 2011
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AUTHORIZATION FOR ADDITIONAL Assistant Village Engineer, Bob Phillips, explained
WORK FOR THE CARLISLE AVENUE that in 2010 the Village awarded projects to Bolder
AND CARRIAGE WAY Contractors. As the project moved forward, they
INFRASTRUCTURE realized the Village would be over budget due to
REHABILITATION PROJECT unsuitable subgrade materials. He came to the
Board with an additional fund request which was
approved. Unfortunately, soil conditions did not improve and a number of unidentified field tiles
that need to be reconnected along Carriage Way. They put a lot of material in including road and
utilities. The proposed budget for the project was $4,275,733 completion ($112,814 over the
already amended budget). To help offset the added costs, Mr. Phillips suggested reducing the
lighting project for this year. Mayor Rosenthal noted the residents who live on Carriage Way are
happy with the project. Trustee Oppenheim asked about the impact of postponing the lighting
project. Mr. Phillips explained they planned on doing $50,000 in lighting every year and they
would push the lighting work back until next year.
Trustee Jester noted the field the issue and soil condition was a surprise. Trustee Jester believes
the program should be reviewed with the engineer to find out how it could have been done better.
Trustee Farkas made a motion to authorize the additional work for the Carlisle Avenue and
Carriage Way infrastructure rehabilitation project. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
APPROVAL OF WASTEWATER Mr. Fink explained they have three items within the
RECLAMATION FACILITY change order, which total $13,132. Strand
IMPROVEMENT PROJECT CHANGE Associates reviewed the materials and verified
ORDER #5 everything is accurate.' To date, the project is 34
percent complete. The change order will not
change the final completion date of February 2013. Staff recommends authorizing the
adjustment in the amount of $13,132.
Trustee Seiden made a motion to approve the Wastewater Reclamation Facility improvement
project change order #4 in an amount of $13,132. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
DISCUSSION
MOBILE BILLBOARDS Trustee Farkas spoke with Jeff Ryckaert about
mobile billboards. Trustee Farkas would like to
give businesses the opportunity to self - police these types of vehicles before passing an
ordinance. Trustee Struthers expressed concern when mobile signs come in from out of town and
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directly compete with a Village business. Trustee Benton noted there are ordinances banning
signs on a public way, so there may be something regulating mobile billboards in an existing
ordinance.
SPECIAL BOARD OF TRUSTEES Mr. Street explained there would be a special
MEETING Board of Trustees meeting on Monday, September
26, 2011 to consider the bond issue.
WARRANT STUDY Mr. Street noted the Village is conducting a warrant
study for the intersection of Robert York and
Osterman Avenue.
FEMA CHECK Mayor Rosenthal was pleased to announce the
Village received a check for $71,500 from FEMA
for 75 percent of the cost for the blizzard this past February.
ADJOURNMENT There being no further business or discussion,
Trustee Farkas made a motion to adjourn the
meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. The
meeting was adjourned at 9:30 pm.
ATTEST:
Village CIA
APPROVED:
Mayor