12/05/2011December 5, 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 December 5, 2011 at 7:30 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 was: 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 Deputy Chief Tom Keene led those in attendance in
reciting the Pledge of Allegiance.
MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the
minutes from the November 21, 2011 Board of
Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously.
BILLS AND PAYROLL Trustee Struthers made a motion to approve the
Bills and Payroll dated December 5, 2011. Trustee
Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
REPORT OF DEPARTMENTAL Finance Director Bob Fialkowski presented
OBJECTIVES, FINANCE highlights from the Finance Departmental
Objectives report. Mr. Fialkowski stated the
biggest project over the past six months was the bond issue for the wastewater treatment plant,
which was very successful. The contract negotiations for the Police Union were completed,
including the retroactive pay calculations of approximately $175,000. The department
completed a number of documents, including the 2011 -2012 budget, over the past six months.
The Village received the GFOA Budget Award for the 21St consecutive year.
Mr. Fialkowski stated that vehicle registration was completed and the numbers appear to be
similar to last year. The Finance Department worked with auditors on a police pension plan
audit. The results showed no significant deficiencies. The police pensioners were re- certified.
Finance is also working on the police pension plan actuary report based on legislation passed by
the State. He believes the annual contribution required by the Village will be lowered. The
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December 5, 2011
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Village is making 100% of the required contribution to the fund and it is approximately 70%
funded.
PUBLIC COMMENT There was no Public Comment.
REPORTS
REPORT AND RECOMMENDATION Cable and Telecommunications Commission
FROM THE CABLE AND
Chairman, Paul Diambri and Assistant to the
TELECOMMUNICATIONS
Village Manager, Jenny Maltas, were present. Mr.
COMMISSION TO RENEW THE
Diambri stated the Village has an agreement with
PUBLIC ACCESS STUDIO
the City of Highland Park for three cable TV
AGREEMENT WITH THE CITY OF
stations. The Commission recommends that the
HIGHLAND PARK WITH 2 STATIONS Village renew for only two stations, which will save
the Village approximately $3,200. Staff spoke with
the school districts to see if they would have a need for the additional station before this decision
was made. The school districts said they plan to use the Internet for communications. Ms.
Maltas noted that if the third station was desired in the future, the Village would need to show a
significant increase in original programming. She stated that the Village could renegotiate with
Comcast in the future, if necessary.
Trustee Jester made a motion to accept the report and recommendation of the Cable and
Telecommunications Commission. Trustee Benton seconded the motion. The motion passed by
the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
CONSENT AGENDA
ORDINANCE 0 -11 -43 REDUCING THE An Ordinance reducing the number of members on
NUMBER OF MEMBERS ON THE the Sustainability Commission. Second Reading.
SUSTAINABILITY COMMISSION — 2R
Trustee Seiden made a motion to accept the Consent
Agenda and adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by
the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
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Board of Trustees Meeting
December 5, 2011
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OLD BUSINESS
ORDINANCE 0 -11 -44 AMENDING An Ordinance amending Chapter 4 "Animals" of
CHAPTER 4 "ANIMALS" OF THE the Deerfield Municipal Code. Second Reading.
DEERFIELD MUNICIPAL CODE — 2R
Amy Parker, 135 Willow, noted there are a number of parts of the Ordinance that do not appear
to work with the existing Ordinance. Mr. Street noted the new portion of the Ordinance clarifies
the existing Ordinance. Mr. Coblentz explained that there are a number of factors that define a
dangerous animal. Ms. Parker confirmed that a dangerous animal would need to be muzzled
when outside the owner's property. She questioned whether there was a provision in the
Ordinance that would limit the amount of time an animal would need to be muzzled. Mr.
Coblentz stated it would be at the police department's discretion. Trustee Jester noted the
Village has a leash law and a dog can only be off leash in the dog park. Trustee Struthers asked
if an animal could be trained and then be deemed no longer dangerous. Mayor Rosenthal stated
an owner of a `dangerous dog' could take the initiative to have the dog trained and then try to
prove the dog is no longer dangerous to the police department. Reclassification of a dog would
be at the discretion of the police department, but the onus would be on the dog owner. Mayor
Rosenthal stated the intent of the Ordinance is protection.
Trustee Struthers made a motion to adopt the Ordinance amending Chapter 4 of the Deerfield
Municipal Code. Trustee Oppenheim seconded the motion. The motion passed by the following
vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
NEW BUSINESS
PUBLIC HEARING ON THE Trustee Benton made a motion to open the Public
PROPOSED 2011 TAX LEVY Hearing. Trustee Oppenheim seconded the motion.
The motion passed unanimously.
Mr. Fialkowski stated the Public Hearing notice was published in the Deerfield Review pursuant
to the Truth in Taxation Act for consideration of the 2011 property tax levy for the Village of
Deerfield and the Deerfield Public Library. The proposed levy is greater than 5% of the levy
from last year.
This levy is for both the Village and the library. The Library Board previously determined their
levy. The Village levy was based on the statuary requirements of the budget. There are no
increases in the levy for Village operating funds. The library levy is up 5% for the operating
fund and includes the library debt service for the first time. The net result, including the
abatements, is an increase in the Village levy of 47% and library of 39 %. The proposed total
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December 5, 2011
Page 4 of 7
abatement is $1,073,066. Compared to prior years, the proposed levy has increased primarily
due to the debt service payments.
Mr. Fialkowski showed the proposed property tax levy with a three -year projection. The
projection shows some growth in the operating fund. It shows a plateau in 2013, assuming no
additional debt levies. Mr. Fialkowski projects the Village General Fund may have an operating
surplus of $500,000 at the end of this fiscal year, assuming no major occurrences. He noted
there are some upcoming significant capital projects that will need funding. Looking ahead, Mr.
Fialkowski questioned how to fund the projects. He believes $2 million from the fund balance in
the general fund could be used to fund capital projects. Mr. Fialkowski noted the Village has
been prudent and has maintained the AAA bond rating.
Trustee Seiden asked that the WRF could be listed separate from the rest of the bonds in the
budget exhibits in the future. When going over the budget last year, he felt that some of the
expenditures should be held to the future because some people in Village are having rough times.
He believes the $500,000 surplus should be used to reduce the proposed tax levy. Trustee Seiden
believes future projects should be considered at the next budget hearing, not now. Mayor
Rosenthal suggested abating the 2003 issue and stripping out the 2008, 2010 and 2011 that are
not WRF projects which would result in a total additional abatement of about $900,000. Mayor
Rosenthal believes that moving forward the capital projects should be pay as you go.
Trustee Jester noted the Village has been fortunate to receive grants that allow the Village to
abate much of the interest. He noted that may not happen with the remainder of the funds that
need to be borrowed to complete the Wastewater Treatment Plan. Trustee Jester believes that the
choice is to either abate or delay capital projects. He is not in favor of delaying capital projects.
Mayor Rosenthal noted the Village has been very aggressive with the capital infrastructure
projects and believes it can take a step back. She feels there is an obligation to keep the taxes as
low as possible. Mayor Rosenthal questioned where the Village's percentage of the tax bill
would go if only the 2003 funds were abated. Mr. Fialkowski explained that the 2011 tax bill
would increase from approximately 3% to between 5 and 5.5% of a property owner's total tax
bill. Trustee Oppenheim would be more comfortable with this discussion if she knew what
projects were coming up and which projects have already been delayed.
Trustee Seiden noted the Village does not have control over the school district, which is a large
part of the tax bill. He noted the abatement was budgeted six months prior. Mr. Fialkowski
noted the capital improvement program has been reduced for next year.
Trustee Jester noted the Village's reserves have been substantially drawn down. Mayor
Rosenthal stated the reserves are not at an uncomfortable level. Trustee Seiden believes the levy
needs to be reduced somewhere. Trustee Jester believes the choice is either abating of delaying
the infrastructure work. He does not believe abating the non WRF debt would significantly
impact a homeowners' tax bill but would impact the Village's ability to complete necessary
capital projects.
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Board of Trustees Meeting
December 5, 2011
Page 5 of 7
Mr. Street indicated that prior to the next meeting staff would put together a report for the
Village Board that would show the impact on the capital improvement program, the General
Fund balance, and the impact on an average homeowner's property tax bill if the Village
approved an abatement for the non WRF debt service increase.
There was no additional public comment on the proposed tax levy.
Trustee Benton made a motion to close the Public Hearing. Trustee Oppenheim seconded the
motion. The motion passed unanimously.
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, 2011 and ending on the thirtieth day of
COMMENCING ON THE FIRST DAY April, 2012, for the Village of Deerfield in Lake
OF MAY, 2011 AND ENDING ON THE and Cook Counties, Illinois. First Reading.
THIRTIETH DAY OF APRIL, 2012, FOR
THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS —1 R
ORDINANCE ABATING ALL OF THE
2011 TAX LEVY REQUIREMENTS
FOR THE SERIES 2003 GENERAL
OBLIGATION REFUNDING BONDS -1R
ORDINANCE ABATING' A PORTION 01
THE 2011 TAX LEVY REQUIREMENTS
FOR THE SERIES 2010 GENERAL
An Ordinance abating all of the 2011 tax levy
requirements for the Series 2003 General Obligation
Refunding Bonds. First Reading.
An Ordinance abating a portion of the 2011 tax levy
requirements for the Series 2010 General Obligation
Refunding Bonds. First Reading.
OBLIGATION REFUNDING BONDS-1R
ORDINANCE ABATING A PORTION An Ordinance abating a portion of the 2011 tax levy
OF THE 2011 TAX LEVY requirements for the Series 2011B General
REQUIREMENTS FOR THE SERIES Obligation Bonds. First Reading.
201113 GENERAL OBLIGATION
BONDS — 1R
ORDINANCE 0 -11 -45 GRANTING A An Ordinance granting a variation for certain
VARIATION FOR CERTAIN property commonly known as 1134 Chestnut Street.
PROPERTY COMMONLY KNOWN AS
1134 CHESTNUT STREET — 1 R
Trustee Benton 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, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
Board of Trustees Meeting
December 5, 2011 t
Page 6 of 7
Trustee Oppenheim made a motion to adopt the Ordinance. Trustee Struthers seconded the
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
ORDINANCE AMENDING THE' An Ordinance amending the Zoning Ordinance of
ZONING ORDINANCE OF THE the Village of Deerfield to revise the minimum
VILLAGE OF DEERFIELD TO REVISE standards for legal notices. First Reading.
THE MINIMUM STANDARDS FOR
LEGAL NOTICES — 1 R
RESOLUTION R -11 -14 INITIATING
THE SUBMISSION OF A PUBLIC
QUESTION TO AUTHORIZE THE
VILLAGE TO ADOPT AN "OPT -OUT"
PROGRAM FOR THE SUPPLY OF
ELECTRICITY
Ms. Maltas reported that during the November 7,
2011 Committee of the Whole meeting, the Trustees
discussed an opt -out program for residents. One of
the first steps for an opt -out program is to pass a
Resolution for the question to be added on the
March 20, 2012 ballot.
Trustee Jester made a motion to adopt the Resolution. Trustee Oppenheim seconded the motion.
The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
RESOLUTION R -11 -15 AUTHORIZING
THE VILLAGE MANAGER TO SIGN
AN INTERGOVERNMENTAL
AGREEMENT ESTABLISHING THE
NORTH SHORE AGGREGATION
CONSORTIUM
Mr. Street noted the Trustees were given a
revision, which includes adding Glencoe to the
North Shore Aggregation Consortium.
Trustee Seiden made a motion to adopt the
Resolution. Trustee Oppenheim seconded
motion. The motion passed by the following vote:
AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5)
NAYS: None
DISCUSSION
WINTER CELEBRATION Mayor Rosenthal thanked everyone that worked so
hard to make this year's Winter Celebration so nice.
NEXT MEETING Mr. Street stated the-next meeting would be
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Board of Trustees Meeting
December 5, 2011
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would be Tuesday, January 3, 2012.
December 26 and January 2, 2012.
ADJOURNMENT
December 19, 2011. The first meeting in January
The Village Hall offices will be closed on Monday,
There being no further business or discussion,
Trustee Benton made a motion to adjourn the
meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously. The
meeting was adjourned at 8:58 pm.
ATTEST:
4t17
Village Clerk
APPROVED:
Mayor