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02/06/2012February 6, 2012 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 February 6, 2012 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 Shepherd Middle School Principal Michael Shapiro and students from Shepherd Middle School led those in attendance in reciting the Pledge of Allegiance. Shepherd Middle School is celebrating its 50`h anniversary. The students discussed school events including a recycling event, 1961 trivia contests, fitness programs, videos and overall celebrations culminating with a community event in May. MINUTES OF PREVIOUS MEETING Trustee Seiden made a motion to approve the minutes from the January 17, 2012 Board of Trustees meeting with minor corrections. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the Bills and Payroll dated February 6, 2012. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) MANPOWER APPOINTMENTS Mayor Rosenthal recommended Susie Wexler be appointed as Chairperson of the Manpower Commission, as Jules Crystal has resigned. Trustee Struthers made a motion to accept the Manpower Commission recommendation and appoint Susie Wexler as Chairperson. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) 1 Board of Trustees Meeting February 6, 2012 Page 2 of.8 PRESENTATION OF LIFE SAVING Mayor Rosenthal recognized four members of the COMMENDATION Police Department for lifesaving measures. Officer Pettorelli, Officer Kupsak, Sergeant McCowan and Sergeant Annen were all involved in a rescue on January 1, 2012. Chief Sliozis stated this commendation is the highest award given by the Police Department. It is reserved for outstanding acts. Chief Sliozis explained that on January 1, 2012, three people witnessed a vehicle drive into a retention pond. The vehicle was bobbing in the pond against a retention wall and was filling with water. The officers were able to pull the driver out of the vehicle and onto land until the Deerfield- Bannockburn Fire Protection District could transport the driver to Highland Park Hospital. Chief Sliozis thanked the officers for going above and beyond their regular duties in this life saving rescue. PUBLIC COMMENT Anna Pamula, owner of Renu Day Spa located at 617 Central Avenue and a resident living at 1230 Central Avenue, stated she received a letter from the Village Manager stating her employees were parking on the Central Avenue instead of on her business property. Mayor Rosenthal noted that the people in the row homes on Central Avenue have been unable to find parking spaces. The Village also contacted the owners of Rosebud, who made other accommodations for their employees. Mayor Rosenthal noted that Renu employees had not parked on Central until recently and the Village also gave notice to the Post Office and 1 Deerfield Place asking them to provide on -site parking for their employees. Ms. Pamula believes her employees should be able to park on the street because they pay taxes in Deerfield as well. Mayor Rosenthal noted there has been a change in the Central Avenue parking. Mayor Rosenthal noted the Village is working with businesses so that their patrons and workers park on their properties. This is in a spirit of cooperation and would not want anyone to be harassed. Ms. Pamula noted that a few of her employees park on the street occasionally to make room for her patrons but they do not take up all the spaces. There were no Reports. REPORTS CONSENT AGENDA ORDINANCE 0 -12 -04 AMENDING SECTION 12 -18 (RESIDENTIAL WASTE COLLECTION) OF THE DEERFIELD MUNICIPAL CODE — 2R An Ordinance amending Section 12 -18 (Residential Waste Collection) of the Deerfield Municipal Code. Second Reading. AUTHORIZATION TO APPROVE Authorization to approve amendment number 2 to AMENDMENT NO.2 TO THE LOCAL the local agency agreement for the Wilmot Road 1 Board of Trustees Meeting February 6, 2012 Page 3 of 8 AGENCY AGREEMENT FOR THE infrastructure replacement project. WILMOT ROAD INFRASTRUCTURE REPLACEMENT PROJECT AUTHORIZATION TO APPROVE Authorization to approve amendment number 2 to AMENDMENT NO.2 TO THE LOCAL the local agency agreement for the Deerfield Road AGENCY AGREEMENT FOR THE pedestrian underpass project. DEERFIELD ROAD PEDESTRIAN UNDERPASS Trustee Benton made a motion to accept the Consent agenda and 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) OLD BUSINESS There was no Old Business. NEW BUSINESS ORDINANCE 0 -12 -05 AMENDING THE .Mr. Street reported that at the January 17, 2012 ZONING ORDINANCE OF THE Board of Trustees meeting, Trustee Struthers raised VILLAGE OF DEERFIELD TO an issue about accessibility. He recommended AUTHORIZE CHILD ENRICHMENT making a change to the Ordinance. CENTERS AS A SPECIAL USE IN THE R -1 SINGLE FAMILY RESIDENCE DISTRICT — 2R ORDINANCE 0 -12 -06 AUTHORIZING Starland owner, Adam Moore, stated he is very A SPECIAL USE FOR A CHILD respectful of the needs of disabled individuals ENRICHMENT CENTER AT 445 PINE and he would do what is required to make the (STARLAND) — 2R building universally accessible. Trustee Struthers believes the entrance would require a ramp. She also recommended adding bars to the restroom stalls near the gym. Mr. Street noted that there may be some creative ways to make the facility universally accessible without an extreme financial cost. He believes Mr. Moore can work with the Village to do what is required. Mr. Coblentz noted the compliance efforts would be confined to those areas being remodeled, because the construction is not being made to at least 50% of the building. Trustee Farkas noted the language in the proposed ordinance requires compliance with the Illinois Accessibility Code and wants Mr. Moore to recognize that he is obligating himself to comply with the Code. Mayor Rosenthal asked if Mr. Moore wanted to table further discussion for two weeks, so he can Board of Trustees Meeting February,6; 2012 Page 4 of 8 research what needs to be done. Trustee Oppenheim asked if the Ordinance needs to refer to the Illinois Accessibility Code, or if the building could just be made handicapped accessible. Mr. Coblentz noted that the Illinois Accessibility Code would still apply because alterations are made to the area, so that area must comply with the Code regardless of whether it is specifically referred to.by name. Mr. Street noted that Mr. Moore would need to comply with the Code regardless, as he will be making changes to the restroom. Trustee Struthers noted there are differences between wheelchair accessible and handicapped accessible. Mr. Coblentz suggested that Mr. Moore may need to discuss things with his architect. Mayor Rosenthal noted that the Board appears to be in favor of Starland moving to this location. She wants Mr. Moore to be comfortable with the changes that need to be made. Trustee Benton asked if the Special Use could be contingent to the building becoming handicapped compliant. Trustee Struthers noted the entrances to the building are difficult to enter. Mr. Moore stated he would make the changes to the entrance. Trustee Farkas believes the language is superfluous; if the Illinois Accessibility Code applies anyway, the Board need not require additional standards or be redundant. The middle - ground approach that would preserve the intent of the Board would be to add a requirement that states at least one entrance and restroom needs to accommodate people with mobility difficulties. Mr. Coblentz noted that any alteration to the restroom would trigger the Code. Mayor Rosenthal wants Mr. Moore to understand that the Plan Commission and Village Board are on track for this to become a Special Use. She would not want to pass the Special Use with this language until Mr. Moore speaks with his architect. She suggested tabling further discussion. Mr. More would like the Trustees to know that he will do what he can to make the building accessible. Trustee Struthers would not want to vote on this without addressing accessibility. Mayor Rosenthal asked if there is a way to remove the language from the ordinance but get a letter of intent from the petitioner stating he will make the accessibility changes to the building, as requested by the Board. Trustee Struthers stated that would be acceptable to her. Trustee Oppenheim made a motion to amend the Zoning Ordinance to authorize child enrichment centers as a Special Use in the R -1 Single Family Residence District. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Trustee Struthers made a motion to authorize a Special Use for a child enrichment center at 445 Pine for Starland, subject to approval of a letter of intent concerning accessibility of a restroom and entrance. Trustee Oppenheim 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 February 6, 2012 Page 5 of 8 RESOLUTION R -12 -02 APPROVING A Principal Planner, Jeff Ryckaert reported the THIRD AMENDMENT TO THE LAKE Village received a request from the property owners COOK ROAD CORRIDOR of 350 South Waukegan (George's What's AGREEMENT WITH THE VILLAGE OF Cooking) to consider resubdivision. Mr.Ryckaert NORTHBROOK noted the development restrictions were put on the property when it was incorporated. Last year, the Village approached Northbrook asking them to remove the development restrictions on the property. Staff agreed to recommend removing properties that have been annexed by each community, keeping the unincorporated properties covered by the agreement. Mr. Ryckaert noted that Red Roof Inn and Baxter South have been annexed to Deerfield. LaSalle and the surrounding properties have been annexed to Northbrook. The unincorporated parcels that will remain in the agreement include Glenbrook Countryside, Brookside. Shopping Center, and Baxter. This Resolution would amend the Lake Cook Road corridor agreement affecting only the annexed parcels. Mr. Ryckaert stated that the Northbrook Board of Trustees unanimously agreed to this Resolution on January 24, 2012. Trustee Jester confirmed that if George's What's Cooking wanted to make changes, they would go through the Village's regular process. Trustee Struthers asked about annexing Baxter. Mr. Street noted Baxter is larger than 60 acres and would need to be addressed though an annexation agreement with the Village. Trustee Oppenheim made a motion to adopt a Resolution approving a third amendment to the Lake Cook Road corridor agreement with the Village of Northbrook. Trustee Farkas seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ORDINANCE AMENDING THE An Ordinance amending the Zoning Ordinance of ZONING ORDINANCE OF THE the Village of Deerfield for alternative energy, VILLAGE OF DEERFIELD FOR including wind, solar and geothermal energy ALTERNATIVE ENERGY, INCLUDING systems. First Reading. WIND, SOLAR AND GEOTHERMAL ENERGY SYSTEMS — 1 R ORDINANCE 0 -12 -07 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2012, OF THE VILLAGE OF DEERFIELD, IL. and the lowest bid was from Tennessee Ba Finance Director, Mr. Fialkowski stated the Village has put out to bid $10 million of general obligation, tax exempt bonds for use in funding the treatment _treatment plant project. The Village received a AAA rating by Moody's. Nine bids were opened nk (FTC Financial). Board of Trustees Meeting February 6, 2012 Page 6 of 8 Al Ambrose, Financial Consultant with Northern Trust, reported that the nine bids received shows the strength of Deerfield as a community. The lowest bid for a 20 -year bond was 2.43 %. The last Village issue from November was 2.88 %. Mr. Ambrose noted the next lowest bid was 2.44 %. Trustee Jester made a motion to waive the First Reading of the Ordinance. Trustee Struthers 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 authorizing the issuance of general obligation bonds as recommended. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ORDINANCE PROVIDING FOR THE An Ordinance providing for the filing of a tentative FILING OF A TENTATIVE ANNUAL annual budget of the Village of Deerfield and for BUDGET OF THE VILLAGE OF public inspection and hearing thereon. First DEERFIELD AND FOR PUBLIC Reading. INSPECTION AND HEARING THEREON — 1 R Mr. Fialkowski explained this is a standard Ordinance. The Village will hold a Public Hearing during the first meeting in April. This will stand as a First Reading of the Ordinance. RESOLUTION R -12 -03 ADOPTING 2012 Assistant Village Engineer, Bob Phillips, reported MFT STREET REHABILITATION that every year the Village passes a Resolution to PROJECT use the MFT funding through the state. It is usually used for road construction. This year, the Village is hoping to use the $494,000 for rehabilitation of several streets in Deerfield. The work proposed is typical rehabilitation. Trustee Jester made a motion to adopt the Resolution adopting the 2012 MFT street 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) RESOLUTION R -12 -04 APPROVING Assistant to the Village Manager, Jenny Maltas, AN AGREEMENT FOR ACCESS TO explained this Resolution is passed annually to GEOGRAPHIC INFORMATION allow Cook County to share GIS data. She noted SYSTEMS the consortium collects the data. Board of Trustees Meeting February 6, 2012 Page 7 of 8 Trustee Jester made a motion to adopt the Resolution approving an agreement for access to geographical information systems. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) AUTHORIZATION TO PURCHASE Police Chief Sliozis reported the department is TWO VEHICLES FOR THE POLICE looking to replace two police vehicles. The first, DEPARTMENT which is a 2011 Ford Crown Victoria, would replace a 2010 Ford Crown Victoria that was lost after a fire. It was scheduled for replacement within the next year. The Suburban Purchasing Cooperative price would be $21,926 through Curry Motors. The second vehicle is a 2012 Ford Taurus, which is an administrative vehicle. It would be replacing a 2004 Ford Taurus that has been in service for eight years. Through the Suburban Purchasing Cooperative, Curry Motors would supply the vehicle for $19,652.75. The budgeted amount for this vehicle was $25,000. Trustee Oppenheim made a motion to authorize the purchase of two vehicles for the Police Department in an amount not to exceed $41,578.25. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) DISCUSSION NEXT MEETING Mr. Street reported the next meeting would be held on Tuesday, February 21, 2012 in observance of•President's Day on Monday. EXECUTIVE SESSION Mr. Street noted the Trustees will hold an Executive Session to discuss litigation at the conclusion of tonight's Board of Trustees meeting. Trustee Struthers made a motion to go into Executive Session to discuss litigation pursuant to Section 2(c)11 of the Illinois Open Meetings Act. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) ADJOURNMENT The meeting was adjourned at 9:00 pm. Board of Trustees Meeting February 6, 2012 Page 8 of 8 APPROVED: Mayor ATTEST: Village Clerk I 1