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10/03/2011October 3, 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 October 3, 2011 at 7:31 p.m. The Clerk called the roll and announced that the following were: Present: Harriet Rosenthal, Mayor Robert Benton Thomas Jester Mary Oppenheim William Seiden Barbara Struthers Absent: Alan Farkas and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Dan, Ari and Ronnie Cohen led those in attendance in reciting the Pledge of Allegiance. MINUTES OF PREVIOUS MEETING Trustee Jester made a motion to approve the minutes from the September 19, 2011 Board of Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. Trustee Jester made a motion to approve the minutes from the September 26, 2011 Board of Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. Trustee Seiden made a motion to approve the minutes from the August 29, 2011 Committee of the Whole meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. BILLS & PAYROLL Trustee Seiden made a motion to approve the Bills and Payroll dated October 3, 2011. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) PRESENTATION BY OPERATION Dan, Ari and Ronnie Cohen, 1345 Montgomery RESPECT Drive, spoke about Operation Respect, a program meant to enhance the lives of all in the community. Operation Respect is a program founded by Peter Yarrow of Peter, Paul & Mary, that helps to assure each child and youth a respectful, safe and compassionate climate of learning free of bullying, ridicule and violence. Mr. Cohen reported Peter Yarrow will be providing a concert on Sunday, October 23, 2011 at Deerfield High School at 4:00 pm., in support of Operation Respect. Mayor Rosenthal stated there would be a notice on the Village website publicizing the Board of Trustees October 3, 2011 Page 2 of 5 concert. PRESENTATION BY WASTE Mike Brink from Waste Management presented the MANAGEMENT Village with the Environmental Leadership Award for their leadership in promoting environmental sustainability initiatives. PUBLIC COMMENT There were no Public Comments. REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE TEXT AMENDMENT TO THE ZONING ORDINANCE REGARDING COMMERCIAL VEHICLES USED FOR ADVERTISING REPORTS The Plan Commission held a Public Hearing on September 8, 2011 to consider a text amendment to the Zoning Ordinance of the Village of Deerfield regarding commercial vehicles used for advertising. The Plan Commission voted unanimously to send a positive recommendation to the Board of Trustees. Trustee Oppenheim noted the language of the Ordinances from Highland Park and Lake Forest had some explanatory language regarding the exclusion for identification on vehicles. Plan Commission member Dan Shapiro confirmed that was in fact the intention of the Plan Commission. Mr. Coblentz noted that any business, whether it is a Deerfield on non - Deerfield business, that is parked with the intent to advertise would be prohibited. Trustee Seiden asked about vehicles like Geek Squad, who park in front of Best Buy. Mr. Shapiro explained the Plan Commission discussed the Geek Squad and added the word "intended" to their report, as not to prohibit the Greek Squad from parking in their regular manner. Mr Shapiro noted the Geek Squad's intent is not to use their vehicles for advertising; rather, the vehicles are used for identification and to provide customer service off -site. The Trustees noted that it would depend on the location of the vehicle. Trustee Struthers noted that the parking spaces closest to stores are usually reserved for patrons instead of employees. The Trustees discussed that enforcement will rely on staff, businesses and residents notifying the Village of code violations. Mayor Rosenthal suggested enforcing a fine for continuous violations. Trustee Oppenheim made a motion to accept the report and recommendation of the Plan Commission regarding commercial vehicles used for advertising. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) 1 1 1 Board of Trustees October 3, 2011 Page 3 of 5 CONSENT AGENDA ORDINANCE 0 -11 -36 INCREASING An Ordinance increasing the number of Class C THE NUMBER OF CLASS C LIQUOR liquor licenses from 5 to 6 for Noodles & Company. LICENSES FROM 5 TO 6 FOR Second Reading. NOODLES & COMPANY — 2R ORDINANCE 0 -11 -37 AMENDING THE An Ordinance amending the 2011 Wage and Salary 2011 WAGE AND SALARY PLAN — 2R plan. Second Reading. ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF SURPLUS PERSONAL PROPERTY OWNED BY An Ordinance authorizing the sale and disposition of surplus personal property owned by the Village of Deerfield. First Reading. THE VILLAGE OF DEERFIELD — 1 R Trustee Oppenheim made a motion to accept the Consent Agenda and adopt the Ordinances. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) There was no Old Business. OLD BUSINESS NEW BUSINESS ORDINANCE FOR A TEXT Mayor Rosenthal suggested tabling the discussion AMENDMENT FOR PROPOSED of this Ordinance as there were no representatives ADVERTISING SIGNS ON SPORTS from the school district present. Trustee Struthers FENCES FOR DEERFIELD HIGH would like the information about the digital SCHOOL — 1959 WAUKEGAN — 1 R scoreboard removed from the Ordinance. Trustee Struthers noted the School Board would have the opportunity to come back and petition for a scoreboard; and a text amendment could be added a that time. Trustee Benton made a motion to table the Ordinance. Trustee Oppenheim seconded the motion. The motion passed unanimously. ORDINANCE PROHIBITING Mr. Street stated this item was discussed at the last HANDHELD DEVICES WHILE Board of Trustees meeting. This Ordinance would Board of Trustees October 3, 2011 Page 4 of 5 DRIVING — 1 R still allow motor vehicle operators to use hands -free devices. Mr. Coblentz explained the Ordinance utilized the definitions from the State laws to be consistent. He noted there is an exception in the Ordinance that allows motor vehicle operators to use handheld devices while stopped or for emergencies or public safety assistance. Mayor Rosenthal reported she will contact the State Representatives and Senators and ask them to promote this at the State level as well. Trustee Jester believes distracted driving is a big issue. Mr. Coblentz questioned when the Board would want the Ordinance to take effect. Mr. Street noted the Village also needs to create an educational campaign making residents aware of the Ordinance. Chief Sliozis suggested making the effective date right after the Second Reading of the Ordinance. The officers will use their discretion and have the option to issue warnings in lieu of citations, especially during the educational campaign. Trustee Struthers suggested enacting the Ordinance after the next D- Tails, so an article could be written. Mayor Rosenthal suggested making the Ordinance effective November 1, 2011, as people may be on vacation in December. Jenny Maltas, Assistant to the Village Manager, stated the next D -Tails would go out the week before November 1, 2011. A First Reading of the Ordinance was held. AUTHORIZATION TO PROCEED WITH Director of Public Works and Engineering, Barb PRELIMINARY WORK FOR A FIBER Little, explained the voice and data communication OPTIC CONNECTION FROM VILLAGE between the Village and Public Works run through HALL TO PUBLIC WORKS copper lines and the technology is proving to be too slow. Ms. Little noted this was discussed during budget preparation and the Village has determined the most effective product would be a Village -owned fiber optic line. During the summer, a portion of the fiber optic conduit was installed when the Deerfield Road underpass was being constructed. The rest of the work, along Jewett Park Drive from the Police Station, down Elm Street to Public Works, is in the right -of- way. Trustee Jester made a motion to authorize Hecker & Company Electric to proceed with preliminary work for a fiber optic connection from Village Hall to Public Works in an amount not to exceed $11,051.59. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) DISCUSSION ADJOURNMENT There being no further business or discussion, 1 1 1 Board of Trustees October 3, 2011 Page 5 of 5 Trustee Jester made a motion to adjourn the meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:15 pm. ATTEST: Village Cler 1 L APPROVED: Mayor