10/17/2011October 17, 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 17, 2011 at 7:31 p.m.
The Clerk called the roll and announced that the following were:
Present: Harriet Rosenthal, Mayor
Robert Benton
Alan Farkas
Mary Oppenheim
William Seiden
Barbara Struthers
Absent: Thomas Jester
and that a quorum was present and in attendance. Also present were Village Attorney Peter
Coblentz and Kent Street, Village Manager.
PLEDGE OF ALLEGIANCE Members of Cub Scouts Pack 50 led those in
attendance in reciting the Pledge of Allegiance.
PRESENTATION OF STUDENT Community Relations Commission Chairman, Chris
COMMUNITY SERVICES AWARD Foltz presented the Student Community Service
Awards to three Deerfield High School Seniors.
This year's three award recipients were: Katy McIntyre, Erin Kempf and Ellery Marks.
Chairman Foltz recognized the three recipients for their leadership and participation in a number
of activities in the community.
PROCLAMATION RED RIBBON WEEK Mayor Rosenthal proclaimed October 23 — 30, 2011
as Red Ribbon Week to support drug -free efforts
and education in Deerfield. Trustee Seiden made a motion to adopt the Proclamation. Trustee
Struthers seconded the motion. The motion passed unanimously. Holy Cross eighth grade
student Henry Laurich informed residents about the activities during Red Ribbon Week. Fifth
grade student Calvin Burns, first grade student Brenna Burns and sixth grade student Joseph
Laurich are also volunteering during the week. Mayor Rosenthal thanked Kathleen Burns for
organizing Red Ribbon week with the Holy Cross School.
MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the
minutes from the October 3, 2011 Board of
Trustees meeting. Trustee Oppenheim seconded the motion. Mayor Rosenthal made a small
correction. The motion passed unanimously as corrected with Trustee Farkas abstaining.
BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the
Bills and Payroll dated October 17, 2011. Trustee
Struthers seconded the motion. The motion passed by the following vote:
Board of Trustees Meeting
October 17, 2011
Page 2 of 8
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
TREASURER'S REPORT Finance Directof, Bob Fialkowski presented
highlights from the Treasurer's Report for the fiscal
year through the end of September. Mr. Fialkowski noted the sales tax for June was higher than
for June of 2010, the hotel tax is up 8% year to date and building permits in September were
strong. Mr. Fialkowski reported the Village closed on the bond issue today and the 2010 -11
Comprehensive Annual Financial Report should be available soon.
MANPOWER APPOINTMENTS Mayor Rosenthal reported Al Bromberg resigned as
Chairman of the Safety Council and Bill Keefe will serve
as the new Chair. Mayor Rosenthal appointed the Northwest Quadrant Task Force membership:
Trustee Jester will serve as Chair, Trustee Oppenheim, Susan Suzan Hawkinson, Ray Craig, Jan
Caron, Gil Antokal (alternate), Rick Julison, Mary Courtney, Mary Pergander, Dan Shapiro,
Alan Garfield, Dick Coen, Larry Dondanville, Joy Fiorini; and Sy Taxman will serve on the
Commission.
Trustee Farkas made a motion to accept the manpower appointments. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
REPORT ON DEPARTMENTAL Building and Code Enforcement Supervisor,
OBJECTIVES, COMMUNITY Clinton Case presented highlights from the Report
DEVELOPMENT on Departmental Objectives for the Building
Department. Mr. Case reported increases in
building permit fees. He noted there are a number of large projects that have shown progress
over the past six months including the Takeda Childcare Center, the Wastewater Reclamation
Facility, the Park District Woodland Park improvement project, School District 109
Administrative Building, Rosebud, Biaggi's, and Noodles & Company. Additionally, Walgreens
is beginning a $5 million renovation and Wonder! is opening in early November.
Mr. Case noted the Department has been very busy and has been involved with a number of
zoning appeals and continues to work on fee updates, new ordinances and issuing permits.
Trustee Struthers commended Jeff Hansen, Mr. Case and Mr. Coblentz for their hard work
pursuing the removal of the unsafe structure at 679 Castlewood.
Principal Planner, Jeff Ryckaert presented highlights from the Report on Departmental
Objectives for the Planning Department. Mr. Ryckaert reported that activity has been steady.
Current projects include the library renovations, Deerbrook Mall, outdoor seating areas, text
amendments, a possible sculpture garden, the flower planter program, recognition of long-
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Board of Trustees Meeting
October 17, 2011
Page 3 of 8 '
standing businesses, banner poles, sign requests and more. He noted the Northwest Quadrant
Unified Task Force will start meeting in November and staff has been preparing background
materials for the Task Force members. Lastly, he reported that staff has developed a resource
guide for affordable housing, which informs residents of the programs and organizations
available for assistance.
PUBLIC COMMENT Andrew Mawrick, 442 Kelburn Road, explained
that he believes the library is excellent and serves
the community well in its current condition. Mr. Mawrick noted that he has concerns regarding
the renovation plans for the library and does not see enough benefits to warrant the $12 million
expenditure.
There were no Reports.
REPORTS
CONSENT AGENDA
ORDINANCE 0 -11 -38 AUTHORIZING An Ordinance authorizing the sale and disposition
THE SALE AND DISPOSITION OF of surplus personal property owned by the Village
SURPLUS PERSONAL PROPERTY of Deerfield.
OWNED BY THE VILLAGE OF
DEERFIELD Trustee Oppenheim 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, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
OLD BUSINESS
ORDINANCE FOR A TEXT An Ordinance for a text amendment for
AMENDMENT FOR PROPOSED proposed advertising signs on sports fences for
ADVERTISING SIGNS ON SPORTS Deerfield High School, 1959 Waukegan Road.
FENCES FOR DEERFIELD HIGH First Reading.
SCHOOL, 1959 WAUKEGAN ROAD -1R
Trustee Benton made a motion to remove the item
from the table. Trustee Oppenheim seconded the motion. The motion passed unanimously.
Trustee Struthers stated that during the previous discussion, the Board spoke about separating the
scoreboard portion of the proposed text amendment from the rest of the Ordinance. Trustee
Benton believes representatives from Deerfield High School will come back for approval of the
scoreboard at a later date.
Board of Trustees Meeting
October 17, 2011
Page 4 of 8
Robert Ruiz, Athletic Director at Deerfield High School, noted they do not have any intention to
install permanent signage on the scoreboard and stated they would come back with the
scoreboard proposal. Trustee Oppenheim questioned what would happen to the High School's
timetable if the scoreboard portion were removed from the proposal and the Ordinance was
reintroduced when the High School is ready to install the scoreboard? Mr. Ruiz explained the
school wants to have discussions with corporations regarding scoreboard sponsorship. Trustee
Struthers reported she would not want the scoreboard to be visible from Waukegan Road as it
may be distracting for drivers. She would want to see what is proposed for the scoreboard before
approving it.
Trustee Farkas made a motion to accept the Ordinance removing the scoreboard reference in
three portions of the Ordinance. Mr. Coblentz noted a new public hearing would have to be held
if the scoreboard reference was removed from the Ordinance. Mr. Coblentz noted the Ordinance,
as written, requires the petitioner to appear before the Plan Commission for final approval of the
scoreboard's design, location and size but that the general parameters could be approved at this
time. This will stand as a First Reading.
Trustee Seiden suggested including language in the Ordinance related to the type of advertising
allowed on the fences. He recognized the School District has an independent Board but
recommended incorporating Village Board input because the signs would be viewed by the
public. He noted there is a 2007 School District policy stating what can be displayed, but he
would like to add minimal rules on the type of advertising allowed. Mayor Rosenthal questioned
what would be in the Village's policy that is not covered by the School District's policy? Trustee
Oppenheim noted the School District's policy seems complete. Trustee Farkas believes the
Village should be able to rely on the School District to exercise judgment on what kids see on
fences.
NEW BUSINESS
ORDINANCE 0 -11 -39 INCREASING
THE NUMBER OF CLASS E LIQUOR
LICENSES FROM 14 TO 15 FOR
BIAGGFS RESTORANTE ITALIANO
Reading of the Ordinance. Trustee Oppc
following vote:
An Ordinance increasing the number of Class E
liquor licenses from 14 to 15 for Biaggi's
Ristorante Italiano. First Reading.
Trustee Benton made a motion to waive the First
nheim seconded the motion. The motion passed by the
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Thomas Dierking, Managing Partner of Biaggi's in Deerfield, reported Biaggi's would open
November 7, 2011. He noted Biaggi's has a homemade, from scratch, menu including a
children's menu and a gluten -free menu.
Board of Trustees Meeting
October 17, 2011
Page 5 of 8
Trustee Seiden made a motion to adopt the Ordinance. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ORDINANCE 0 -11 -40 PROHIBITING An Ordinance prohibiting handheld devices while
HANDHELD DEVICES WHILE driving. Second Reading.
DRIVING — 2R
Trustee Farkas stated that he supports this
Ordinance. He would like the Village to reevaluate the Ordinance once it is in place, to ensure
the fines are high enough. Trustee Farkas believes this is a safety issue but the fines do not
support the level of seriousness of the issue. Mr. Street suggested reviewing the Ordinance in six
months. Mayor Rosenthal contacted the State Representatives and noted that Representative
Karen May will re- introduce this legislation proposing to make it a State law.
Rob Klein, 1152 Norman Lane, is a labor lawyer in Highland Park. He drives two hours a day to
see clients and sees all types of distracting behavior while driving. He is in favor of having a
State -wide ordinance against handheld devices. Mr. Klein is concerned because if a municipality
passes an ordinance that is not State -wide, it becomes chaotic for people to know the ordinance
of each individual jurisdiction. Mayor Rosenthal noted that is why the Village is supporting a
State -wide ban against the use of handheld devices while driving.
Mayor Rosenthal stated the Ordinance would go into effect on November 1, 2011. The Village
will work on installing signage, educating residents, publishing an article in D -Tails and sending
out press releases.
Trustee Oppenheim made a motion adopt the Ordinance. Trustee Benton seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
ORDINANCE APPROVING A TEXT An Ordinance approving a text amendment to the
AMENDMENT TO THE ZONING . Zoning Ordinance regarding commercial vehicles
ORDINANCE REGARDING used for advertising. First Reading.
COMMERCIAL VEHICLES USED FOR
ADVERTISING— 1R
Assistant Village Engineer, Bob Phillips reported
that the water main in the creek beneath the Central
Avenue needs to be replaced and that it is a priority
to complete this work in conjunction with the
Central Avenue Bridge project. The Village
requested quotes from two contractors. The lowest
proposal was from Demuth Incorporated in the
AUTHORIZATION TO EXECUTE
CONTRACT FOR THE INSTALLATION
OF WATER MAIN ALONG CENTRAL
AVENUE BENEATH THE WEST FORK
OF THE NORTH BRANCH OF THE
CHICAGO RIVER
Assistant Village Engineer, Bob Phillips reported
that the water main in the creek beneath the Central
Avenue needs to be replaced and that it is a priority
to complete this work in conjunction with the
Central Avenue Bridge project. The Village
requested quotes from two contractors. The lowest
proposal was from Demuth Incorporated in the
Board of Trustees Meeting
October 17, 2011
Page 6 of 8
amount of $51,500.
Trustee Oppenheim made a motion to waive the formal bidding process and award the contract
for the Central Avenue water main replacement to Demuth Incorporated in an amount not to
exceed $51,500. Trustee Benton seconded the motion. The motion passed by the following
vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
AUTHORIZATION TO AWARD BID Assistant Director of Public Works and
FOR ONE NEW 2012 DODGE Engineering, Brad Fink, noted this item is part of
CARAVAN (REPLACEMENT) #305 the vehicle' replacement schedule. The new vehicle
will replace a 2002 Chevrolet Impala that is used by
the Water Department. Vehicle specifications were sent to seven area dealers. The Village
received one bid with a trade in from Fields Chrysler, Jeep, Dodge in the net amount of $18,080.
The bid met all the specifications and staff feels comfortable recommending the award.
Trustee Farkas made a motion to authorize the purchase of one, new 2012 Dodge Caravan from
Fields Chrysler, Jeep, Dodge in the net amount of $18,080. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
Trustee Seiden asked if there was a State of Illinois preferred vendor for the vehicle. Mr. Fink
explained this vehicle was not on the State bid.
AUTHORIZATION TO AWARD BID Mr. Fink reported this vehicle was also part of the
FOR ONE NEW 2012 CHEVROLET replacement schedule. They propose to replace a
EQUINOX (REPLACEMENT) #303 2003 Chevrolet Blazer that is utilized by the
engineering staff. Five sealed bids were received.
Shepherd Chevrolet had the lowest net bid. The Village has purchased parts from Shepherd
Chevrolet in the past and have been satisfied with their service.
Trustee Benton made a motion to award the contract for a 2003 Chevrolet Blazer to Shepherd
Chevrolet in the net amount of $17,726. Trustee Farkas seconded the motion. The motion
passed by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
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AUTHORIZATION TO AWARD
Mr. Fink explained that the 2005 Wastewater
CONTRACT FOR THE DEERBROOK
Reclamation Facility study performed by Stanley
MALL SANITARY LIFT STATION
Consultants, recommended the Deerbrook Mall
IMPROVEMENTS
Sanitary Lift Station be replaced. The lift station
Board of Trustees Meeting
October 17, 2011
Page 7 of .8
services Deerbrook Mall and its outlets. In 2009,
Stanley Consultants was awarded the design contract. The current project went out to bid and
the Village received seven bids. The lowest bidder came in at $283,000; however, their
references were not favorable and the Village staff was not comfortable awarding the contract to
the lowest bidder. The second lowest bidder had a number of similar, municipal projects, with
excellent results and references.
Trustee Oppenheim made a motion to award the contract to Mark Kresmery Construction in an
amount not to exceed $388,400. Trustee Struthers seconded the motion. The motion passed by
the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
AUTHORIZATION TO AWARD In 2009, Stanley Consultants prepared the
CONSTRUCTION ENGINEERING specifications for the Deerbrook Mall Sanitary
SERVICE CONTRACT FOR Lift Station improvements. Staff recommends
DEERBROOK MALL SANITARY awarding the contract for construction engineering
LIFT STATION IMPROVEMENTS to Stanley Consultants. The contract will include a
full -time inspection and documentation. The
Village utilized Stanley Consultants for the North Avenue Lift Station project and were pleased
with their performance.
Trustee Oppenheim made a motion to award contract for construction engineering service for the
Deerbrook Mall Sanitary Lift Station improvements to Stanley Consultants in an amount not to
exceed $62,500. Trustee Struthers seconded the motion. The motion passed by the following
vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
AUTHORIZATION TO DEMOLISH Mayor Rosenthal questioned whether the costs
DANGEROUS BUILDING AT 679 will be recovered? Mr. Street explained the direct
CASTLEWOOD expenses may be recovered.
Trustee Oppenheim made a motion to authorize the demolition of the dangerous building at 679
Castlewood and related expenses in an amount not to exceed $30,000. Trustee Benton seconded
the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
APPROVAL OF WASTEWATER Director of Public Works and Engineering, Barb.
RECLAMATION FACILTY PROJECT Little, explained there are eight items that require an
CHANGE ORDER #6 increase to the Wastewater Reclamation Facility
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October 17, 2011
Page 8 of 8
construction contract. The amount of the eight
items is $10,885.
Trustee Struthers made a motion to authorize change order #6 for the Wastewater Reclamation
Facility in the amount of $10,885. Trustee Oppenheim seconded the motion. The motion passed
by the following vote:
AYES: Benton, Farkas, Oppenheim, Seiden, Struthers (5)
NAYS: None (0)
DISCUSSION
PUBLIC FORUM Mayor Rosenthal stated the League of Women
Voters will be hosting a public forum to discuss the
roll of the Federal government in public education on November 2, 2011 at 7:00 PM at Highland
Park Country Club.
APOLOGY Trustee Farkas apologized to the Board for his
recent absence. He assured the Board this is not
something that he takes lightly.
HALLOWEEN FESTIVITIES Mr. Street noted many businesses in downtown
Deerfield are hosting trick or treating on October
29, 2011. The Village trick or treating is October 31, 2011.
COMMITTEE OF THE WHOLE Mr. Street stated there would be a Committee of the
Whole meeting on November 7, 2011 at 6:30 PM.
ADJOURNMENT There being no further business or discussion,
Trustee Benton made a motion to adjourn the
meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The meeting
was adjourned at 9:20 pm.
APPROVED:
Mayor
ATTEST
Village Clerk