12/19/2011December 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 December 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 Virginia "Ginny" Hunt and Joan Simonds led those
in attendance in reciting the Pledge of Allegiance.
PROCLAMATION HONORING THE Mayor Rosenthal read the Proclamation honoring
PUBLIC SERVICE OF GINNY HUNT Virginia "Ginny" Hunt as an outstanding
ambassador for the Deerfield Park District for the
past 25 years. Ms. Hunt was instrumental in operating the Patty Turner Center and achieving
accreditation for the Center. Mayor Rosenthal stated Ms. Hunt is a true friend of Deerfield. She
is kind, fair and has a sense of humor that will be missed.
Trustee Seiden made a motion to adopt the Proclamation. Trustee. Benton seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
PROCLAMATION HONORING THE Mayor Rosenthal read the Proclamation honoring
PUBLIC SERVICE OF JOAN SIMONDS Joan Simonds as an outstanding ambassador for the
Deerfield Park District for the past 25 years. Ms.
Simonds was instrumental in operating the Patty Turner Center achieving accreditation for the
Center. Mayor Rosenthal stated Ms Simonds is a true friend of Deerfield. She is kind, fair and
has a sense of humor that will be missed.
Trustee Oppenheim made a motion to adopt the Proclamation. Trustee Struthers seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Trustee Benton stated that both women have been extraordinary in working with the Senior
Men's Club and will be greatly missed.
Board of Trustees Meeting
December 19, 2011
Page 2 of 7
PROCLAMATION FOR NATIONAL Mayor Rosenthal proclaimed the month of
DRUNK AND DRUGGED DRIVING December, 2011 as Drive Sober or Get Pulled Over
PREVENTION MONTH Month in Deerfield.
Trustee Struthers made a motion to adopt the Proclamation. Trustee Benton seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
MINUTES OF PREVIOUS MEETING Trustee Oppenheim made a motion to approve the
minutes from the December 5, 2011 Board of
Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously with
Trustee Farkas abstaining.
BILLS AND PAYROLL Trustee Seiden made a motion to approve the Bills
and Payroll dated December 19, 2011. Trustee
Struthers seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None
TREASURER'S REPORT Finance Director, Bob Fialkowski presented
highlights from the Treasurer's Report for the fiscal
year through November 30, 2011, representing seven months or 58% or the fiscal year. Mr.
Fialkowski reported that sales tax revenues, hotel tax revenues and building permit fees are up.
Mr. Fialkowski noted that there would be a few big expenditures within the next month or two,
including the transfer of debt service fund and police pension fund payments.
Trustee Struthers asked if the Village was spending more than the allocated amount on meter
maintenance. Mr. Fialkowski explained that the Village made a large purchase at a different
time last year. Mayor Rosenthal noted the State is a bit behind on their income tax payments.
MANPOWER APPOINTMENTS Mayor Rosenthal recommended the following
appointments:
Dan Shapiro as Chairman of the Plan Commission and Alan Bromberg to the Plan Commission.
Trustee Seiden made a motion to approve the appointments. Trustee Oppenheim seconded the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
PUBLIC COMMENT There were no Public Comments.
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Board of Trustees Meeting
December 19, 2011
'Page 3 of 7
REPORT AND RECOMMENDATION
OF THE PLAN COMMISSION RE:
TEXT AMENDMENTS TO THE
REPORTS
Mr. Street stated that in response to the
recommendation from the Sustainability
Commission, the Board requested the Plan
ZONING ORDINANCE FOR Commission review the amendments to the
ALTERNATIVE ENERGY, INCLUDING Zoning Ordinance. The Plan Commission voted
WIND, SOLAR AND GEOTHERMAL 6 -0 in favor of sending a favorable recommendation
ENERGY SYSTEMS to the Trustees.
Kathleen LeVeque, Associate Planner, made a presentation summarizing the Plan Commission's
recommendation. She explained that the Lake County Alternative Energy Task Force formed in
spring 2009, in response to increasing requests for renewable energy systems. The Task Force
created model Ordinances for the various systems. The member municipalities pooled their
resources and worked with industry experts to gather information for the model Ordinances. The
Task Force analyzed data, information and best practices on various energy systems to come up
with a balanced promotion of alternative energy systems with responsible regulations.
Ms. LeVeque outlined proposals concerning wind energy systems:
• Building mounted systems would be permitted uses
• Small, freestanding (pole mounted) systems would be special uses
• Large, utility -grade turbines would not be allowed
• The maximum noise level would be 50 dB for residential, 65 dB for commercial and 60
dB for business districts
• The maximum height would be 45 feet for residential, with setbacks of 110% of the
height from any lot line. This will help keep the turbine height proportionate to the lot
size.
• The shadow flicker cannot fall on the window of an existing residential dwelling unit for
more than one hour per day.
• Wind turbines need to be maintained and in operable condition or removed within 90
days
Ms. LeVeque reviewed solar energy systems, which would also have regulations regarding the
location, horizontal projection and setbacks and geothermal energy systems. She noted that
geothermal systems are mainly underground. The setbacks cannot be located in any easement or
right -of -way. Ms. LeVeque also discussed the benefits of alternative energy systems.
Trustee Jester asked if propeller -type turbines would be permitted. Ms. LeVeque explained
propeller -type turbines would not be allowed as building- mounted systems. Trustee Jester
questioned why a building- mounted turbine would be a permitted use while the same turbine
would be a special use if it were a free - standing turbine. Ms. LeVeque explained that a pole -
mounted turbine may have a greater impact. She noted the Ordinance could be amended in the
future, if it were deemed unnecessary. Trustee Oppenheim questioned why the impact would be
different on a rooftop.
Board of Trustees Meeting
December 19, 2011
Page 4 of 7
Dan Shapiro from the Plan Commission explained the Plan Commission may have overlooked
this issue. Their intent was to allow the Village to have some control over some of the uses.
They want to encourage the use of alternative sources of energy.
Trustee Jester noted that a propeller -type turbine located eight feet from the property line could
be more objectionable than a rooftop system. Trustee Farkas would not be opposed to treating
them the same. He wanted to point out that a person with a building- mounted turbine may be
more sensitive to noise. Mayor Rosenthal suggested asking staff to do more research.
Trustee Oppenheim would like to encourage the use of alternative energy sources and would like
to make the process less difficult for residents. Trustee Struthers favors a process that allow for
multiple stages of review.
Trustee Struthers noted a number of years back the Residential Redesign Task Force concluded
structures in the Village could be no more than 35 feet in height and questioned whether the
wind turbines would also be restricted to this height. Ms. LeVeque noted the wind turbines
would not be very efficient at 35 feet in height. Mayor Rosenthal questioned why the Plan
Commission determined 45 feet to be the height maximum. Ms. LeVeque explained that
although 45 feet was the maximum height, it would not be attainable. for many properties due to
proposed setback requirements. Trustee Farkas noted this is the front end of this technology and
the Trustees need to see where it is going. Trustee Seiden would prefer all turbines go before the
Plan Commission as special uses in the beginning. Most of the other Trustees concurred.
Trustee Benton would like to look at how the decibel level is measured. Trustee Oppenheim
noted the Village does not regulate air conditioning units. Many air conditioning units have a
decibel level higher than 50 dB. Mayor Rosenthal asked staff to come back with the answers to
the questions.
Trustee Oppenheim made a motion to accept the report and recommendation of the Plan
Commission. Trustee Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
CONSENT AGENDA
ORDINANCE 0 -11 -46 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. Second Reading.
THE MINIMUM STANDARDS FOR
LEGAL NOTICES — 2R Trustee Jester made a motion to adopt the
Ordinance. Trustee Farkas seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
December 19, 2011
Page 5 of 7
OLD BUSINESS
There was no Old Business.
NEW BUSINESS
Finance Director, Mr. Fialkowski reviewed his report on the proposed tax levy and the
abatements Mayor Rosenthal requested to be considered. He advised that according to the Public
Works and Engineering Director, $1.6 million is needed to fund capital projects. Mr. Fialkowski
noted there are some significant, upcoming projects, where matching funds would be required
for grants. Mr. Fialkowski noted that the money used to abate taxes would not be available for
projects in the future.
Trustee Oppenheim noted the Board has discussed the timing of projects in the past and the
possibility of stretching out projects over more than one year. She also expressed concern about
delaying a project and losing the opportunity for a grant. Director of Public Works and
Engineering, Ms. Little noted both the Deerfield Road and Kates/Pfingsten Road projects will be
eligible for grant funding. She noted neither project is yet fully designed and programmed into
the grant system. Trustee Oppenheim noted there are a number of unknowns on the projects.
Mayor Rosenthal thanked staff for the projections and analysis and recommended approval of
abating the non -WRF debt service from General Fund reserves.
ORDINANCE 0 -11 -47 LEVYING
TAXES FOR CORPORATE PURPOSES
FOR THE CURRENT FISCAL YEAR,
COMMENCING ON THE FIRST DAY
OF MAY, 2011 AND ENDING ON THE
THIRTIETH DAY OF APRIL, 2012, FOR
THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS — 2R
Mr. Fialkowski explained that if the abatements
were allowed, $4,430,702 would be for the Village
and the total amount, including the library, would
be $6,337,164.
Trustee Oppenheim 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)
ORDINANCE 0 -11 -48 ABATING ALL Trustee Struthers made a motion to adopt the
OF THE 2011 TAX LEVY Ordinance. Trustee Oppenheim seconded the
REQUIREMENTS FOR THE SERIES motion. The motion passed by the following vote:
2003 GENERAL OBLIGATION
REFUNDING BONDS — 2R
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Board of Trustees Meeting
December 19, 2011
Page 6 of 7
ORDINANCE ABATING A Mr. Fialkowski explained the 2010 issue would
PORTION OF THE 2011 TAX LEVY have one more abatement. He asked the Trustees
REQUIREMENTS FOR THE SERIES to hold off on passing this Ordinance so the Village
2010 GENERAL OBLIGATION BONDS could give the County one abatement Ordinance.
ORDINANCE 0 -11 -49 ABATING A Trustee Oppenheim made a motion to adopt the
PORTION OF THE 2011 TAX LEVY Ordinance. Trustee Farkas seconded the motion.
REQUIREMENTS FOR THE SERIES The motion passed by the following vote:
2011 B GENERAL OBLIGATION BONDS
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
Mayor Rosenthal noted that ordinances to implement the total abatements discussed would be
presented at the next meeting.
RESOLUTION R -11 -16 AUTHORIZING Trustee Jester made a motion to adopt the
THE ENGAGEMENT OF SIKICH LLP Resolution. Trustee Struthers seconded the
TO PROVIDE PROFESSIONAL motion. The motion passed by the following
AUDITING SERVICES FOR FISCAL vote:
YEARS 2012 THROUGH 2014
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
APPROVAL OF WASTEWATER Ms. Little explained the change order
RECLAMATION FACILITY amount is $34,199, which would bring the
IMPROVEMENT CHANGE ORDER total contract amount from $29,464,180.48
NUMBER 7 to $29,509,264.48. The overall contract has
changed by 0.2% with 51 percent of the project
completed. Ms. Little noted the contractor has done a great job and they are making good
progress.
Trustee Farkas made a motion to approve the Wastewater Reclamation Facility improvement
change order number 7. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
DISCUSSION
HAPPY HOLIDAYS Mayor Rosenthal wished everyone a happy holiday.
Board of Trustees Meeting
December 19, 2011
Page 7 of 7
NEXT MEETING Mr. Street stated the next meeting would be
Tuesday, January 3, 2012. The Village Hall offices
will be closed on Monday, January 2, 2012.
ADJOURNMENT 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 8:55 pm.
ATTEST:
Village Clerk
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APPROVED:
t-e--o
Mayor