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04/02/2012April 2, 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 April 2, 2012 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: 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 Members of the Cemetery Commission led those in attendance in reciting the Pledge of Allegiance. PROCLAMATION Mayor Rosenthal proclaimed the month of April 2012 as Fair Housing Month in Deerfield. She urged all citizens to promote fair housing practices. Trustee Benton made a motion to accept the proclamation. Trustee Oppenheim seconded the motion. The motion passed unanimously. MINUTES OF PREVIOUS MEETING Trustee Oppenheim made a motion to approve the minutes from the March 19, 2012 Board of Trustees meeting. Trustee Struthers made a minor correction. Trustee Seiden seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Seiden made a motion to accept the Bills and Payroll dated April 2, 2012. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) APPOINTMENT TO COMMISSIONS Mayor Rosenthal recommended appointing Dorothy Collins to the Safety Council. Trustee Seiden made a motion to accept the recommendation. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) Board of Trustees Meeting April 2, 2012 Page 2 of 9 NAYS: None (0) REPORT OF DEPARTMENTAL Code Enforcement Supervisor, Clint Case, OBJECTIVES — COMMUNITY presented highlights from the Building Division. DEVELOPMENT He noted the Village is seeing a good amount of building permit activity and the number of foreclosures in the Village are holding steady. He reported the property at 679 Castlewood was successfully demolished and staff is now monitoring another property that will be up for judicial sale at the end of the month. The Building Division has worked closely with the library and the treatment plant to keep their renovation projects running smoothly. Mr. Case reported that staff is reviewing the 2012 building codes. There is a change in the 2009 International Residential Building Code that requires all new homes to have residential fire suppression system installed. Mr. Case stated that Management Analyst Andrew Lichterman has completed a comprehensive fee schedule and worked with staff to find more a efficient way to calculate the building fees. Mr. Case noted the infrastructure impact fee is also being prepared and will be positive for the Village. Mr. Case stated the Building Division is moving forward on a study for keeping unique and unusual animals. Mr. Case stated he received a number of phone calls on both sides of the issue. He noted staff is surveying surrounding communities and staff -is preparing for a discussion at an upcoming Committee of the Whole. Principal Planner, Jeff Ryckaert, discussed highlights from the Planning Division report. He noted activities have been steady and the Plan Commission is working on a couple developments and recently sent recommendations to the Board, including Starland and the Deerfield Public Library. The Village Center Development Commission has been kept up to date regarding a possible sculpture park. The VCDC is also working on the planter program and have contacted businesses. The VCDC has also worked on recognizing the long -term businesses in the Village center and there are about 25 businesses that will be recognized. Mr. Ryckaert noted the Appearance Review Commission has worked on a number of requests and are also working on revamping the Sign Code and making it more user friendly. They have also had several new members appointed to the Commission. The Cemetery Commission met once over the past six months and they will have a report regarding Cemetery Rules and Regulations at tonight's Board meeting. The Northwest Quadrant Task Force has held two meetings and they have prioritized the Task Force's goals for the future of the quadrant. Mr. Ryckaert reported that staff has worked with the Village of Northbrook regarding the boundary agreements and a few of the properties have been removed from the agreement. He noted available commercial space is listed on the Village website. Trustee Struthers thanked the committee members for all of their hard work and their valuable contributions to the Village. Mayor Rosenthal expressed concern about the number of new offices replacing retail uses along Lake Cook Road. Mr. Ryckaert stated staff could look at Board of Trustees Meeting April 2, 2012 Page 3 of 9 revising the C -2 district zoning requirements to further support retail. After a brief discussion, Mr. Street confirmed staff will work with the Plan Commission and develop a recommendation on the matter. PUBLIC COMMENT There was no Public Comment. REPORTS REPORT AND RECOMMENDATION Village Manager Street stated that the Cemetery FROM THE DEERFIELD CEMETERY Commission is trying to be proactive and respond to COMMISSION RE: DEERFIELD the State law that was passed in reaction to the CEMETERY RULES AND tragedy that took place at the Burr Oak Cemetery. REGULATIONS On February 6, 2012, the Cemetery Oversight Act was signed by Governor Quinn. Mr. Street noted the Board passed a resolution in 1986 to accept responsibility for the cemetery. There was never a transfer of real estate until recently, however. Trustee Oppenheim stated there is no question that ownership and jurisdiction of the cemetery belongs to the Village. Trustee Jester questioned how staff felt about the new regulations. Mr. Street stated the regulations would give the Village much needed structure and are supported. Members of the Cemetery Commission noted that any cemetery less than two acres will be exempt from many of the new State regulations. Trustee Oppenheim stated that the proposed rules and regulations are very detailed and she believes they will cover any circumstance that may come up in the future. Trustee Oppenheim made a motion to approve the report and recommendation from the Cemetery Commission. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) REPORT AND RECOMMENDATION Director Little stated that Emerald Ash Borer are RE: VILLAGE ASH TREES prevalent on the north shore. Last year, there was one report of an infected tree in the Village. Urban Forest Management inventoried and surveyed the ash trees in the Village. There are more than 1000 ash trees, not counting the trees on Park District property. The primary focus of the survey was to determine the condition of the trees, with a rating of one being the healthiest and six being dead. Ms. Little noted that declining trees get dry and brittle quickly. The survey identified trees with a 12" diameter breast height that are showing symptoms of Emerald Ash Borer to be monitored. The recommendation includes removing all 34 condition five and six ash trees (poor to dead). Two trees will need to be removed by an outside tree company because they are too large. Ms. Little suggests removing condition four ash trees, those in fair condition, as time and Board of Trustees Meeting April 2, 2012 Page 4 of 9 resources allow, within the next 12 — 18 months. There are 189 condition four trees. The data obtained from inventory has been entered into GIS system and can be accessed by staff. The Village proposes to inform residents in advance, to let them know they will lose a parkway tree. Trustee Struthers asked how the wood from these trees would be handled. Ms. Little noted the wood gets chopped up very small and taken to an approved facility for disposal. Trustee Jester asked how ash trees on private property would be handled. Ms. Little advised trees on private property would be removed at the homeowner's expense. She noted that permit fees for ash trees have been removed. Trustee Jester suggested adding something in the budget to remove all parkway ash trees within the next ten years. Trustee Seiden stated that an alternative would be to inject the trees to with a protective treatment. Trustee Oppenheim made a motion to approve the recommendation. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) CONSENT AGENDA ORDINANCE 0 -12 -12 APPROVING A SPECIAL USE FOR A TEMPORARY LOCATION FOR THE DEERFIELD PUBLIC LIBRARY AT CADWELL'S CORNERS SHOPPING CENTER An Ordinance approving a Special Use for a temporary location for the Deerfield Public Library at Cadwell's Corners Shopping Center. Trustee Jester made a motion to waive the First Reading of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) Trustee Seiden made a motion to adopt the Ordinance. Trustee Oppenheim 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 1 1 1 1 1 1 Board of Trustees Meeting April 2, 2012 Page 5 of 9 PUBLIC HEARING ON THE 2012 -2013 Trustee Oppenheim made a motion to open ANNUAL BUDGET the Public Hearing. Trustee Seiden seconded the motion. The motion passed unanimously. Finance Director Fialkowski reported that notice for the Public Hearing was published in the March 1, 2012 Deerfield Review. He stated the proposed budget totals $56,625,057 which is 0.2% increase over last year. The budget is balanced with new revenues and existing funds available to provide for proposed expenditures. Mr. Fialkowski discussed the changes since the last Committee of the Whole meeting. He noted user fees reflect a 2.5% increase in water and a 10% increase in sewer use fees. Mr. Fialkowski believes the increases would help balance those funds within next few years. Mr. Fialkowski noted a proposed 4% increase in the General Fund property tax levy, which will result in an increase of just under $85,000. The proposed scavenger increase is 2.5 %. The proposed increase in the Wastewater Reclamation Facility debt service is 16% and the overall increase in the property tax levy, which is subject to change in December, would be 18 %. Trustee Seiden asked how the amount would change if the non - Wastewater Reclamation Facility debt service were abated. Mr. Fialkowski stated it would decrease from 18 % to approximately 12 %. Mayor Rosenthal suggested directing staff to revise the General Fund property tax levy to eliminate the 4% increase. Mayor Rosenthal also suggested the Village transition from a fiscal year May 1 budget to a calendar year budget to increase transparency. It will also provide the Village with the ability for better planning. Trustee Seiden asked staff to look at the expense involved with changing to a calendar year budget. He also asked how the proposed change would affect the Village's debt rating. Trustee Oppenheim recommended looking at other Villages that have changed to a calendar year budget. Trustee Jester added that the Village should also be cognizant of how this transition would affect the library. Mr. Fialkowski reported the Village does not have any new personnel or new major operating programs planned and the salary increases are based on the collective bargaining contracts. ORDINANCE ADOPTING THE An Ordinance Adopting the Budget of the Village BUDGET OF THE VILLAGE OF of Deerfield for fiscal year beginning May 1, DEERFIELD FOR THE FISCAL YEAR 2012 and ending April 30, 2013. First Reading. BEGINNING MAY 1, 2012 AND ENDING APRIL 30, 2013 — 1 R ORDINANCE AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE OF THE VILLAGE Village of Deerfield and establishing user fees for OF DEERFIELD AND ESTABLISHING residential refuse and recycling collection. First USER FEES FOR RESIDENTIAL Reading. REFUSE AND RECYCLING COLLECTION — 1 R Board of Trustees Meeting April 2, 2012 Page 6 of 9 ORDINANCE AMENDING THE An Ordinance amending the Municipal Code of the MUNICIPAL CODE OF THE VILLAGE Village of Deerfield for certain water and sewer rate OR DEERFIELD FOR CERTAIN WATER increases. First Reading. AND SEWER RATE INCREASES — 1R ORDINANCE AMENDING THE WAGE An Ordinance amending the wage and salary plan. AND SALARY PLAN — 1 R First Reading. RESOLUTION R -12 -06 ADOPTING A A Resolution to adopt a fund balance policy. Tabled FUND BALANCE POLICY for consideration with the budget at the April 16 Board meeting. No comments were presented by the audience. Trustee Oppenheim made a motion to close the Public Hearing. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) ORDINANCE 0 -12 -13 AUTHORIZING Assistant to the Village Manager Maltas reported AN ELECTRICITY AGGREGATION the Illinois Power Agency Act requires an PROGRAM PURSUANT TO THE Ordinance to be passed, so the Village can arrange ILLINOIS POWER AGENCY ACT for the supply of electricity for residential and small business customers. She also requested a waiver of the First Reading, so staff can move forward with the program. Mr. Street noted the referendum was approved by 75 %. Trustee Struthers made a motion to waive the First Reading of the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) Trustee Struthers made a motion to adopt the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) RESOLUTION R -12 -7 APPROVING A A Resolution approving a plan of operation and PLAN OF OPERATION AND governance for the electricity aggregation program. GOVERNANCE FOR THE 1 Board of Trustees Meeting April 2, 2012 Page 7 of 9 ELECTRICITY AGGREGATION Ms. Maltas noted the Village held two Public PROGRAM Hearings on the Plan of Operation and Governance. Trustee Oppenheim made a motion to adopt the Resolution. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) RESOLUTION R -12 -8 APPROVING A Ms. Maltas stated this Resolution would authorize CONTRACT FOR THE PROVISION OF the Village Manager to lock in an electricity rate. ELECTRICITY FOR THE VILLAGE'S She stated there were seven bidders that were ELECTRICITY AGGREGATION compliant with the alternative electricity supplier PROGRAM bid requirements. The lowest responsible bidder was MC Squared Energy Services LLC. The Consortium negotiated with the supplier and is recommending members sign the power supply agreement with MC Squared for the contract term of 36 months. Ms. Maltas reported there are three options for the Village to consider regarding renewable energy credits. She reported: Option 1 is a standard supply mix. The Village can choose the base rate which is the State's required renewable energy mix of 7 %. This provides the lowest possible rate to residents as it only includes the State mandated renewable energy power mix. Option 2 is the enhanced renewable mix. The Village can choose to purchase renewable energy credits to offset the amount of energy used in the Village. The agreement sets the price of renewable energy credits at $2 per megawatt hour annually. Option 3 is the individualized purchasing program. The Village can choose to implement an individual renewable purchasing program where customers could purchase renewable energy credits to offset their home energy uses on their own. Ms. Maltas noted the only additional costs with this option are the direct mailing costs which will be added into the energy price. Mayor Rosenthal suggested going with option three this year. Trustee Oppenheim questioned how many residents will do this individually. Mayor Rosenthal stated the Village promoted this as a cost - saving measure and she believes the Village should give residents the option to go green without mandating it. Trustee Oppenheim stated that everything the Village does should be viewed through the prism of sustainability and the cost to have 100% renewable energy is minimal and overall our residents will still have a significant savings. Trustee Jester made a motion to adopt the Resolution with option 3. Trustee Struthers seconded the motion. The motion passed by the following vote: Board of Trustees Meeting April 2, 2012 Page 8 of 9 AYES: Benton, Jester, Seiden, Struthers (4) NAYS: Oppenheim (1) AUTHORIZATION TO ENTER INTO A Ms. Maltas reported this is the Village's annual GIS SERVICE PROVIDER CONTRACT contract with MGP, the manager and provider of GIS services. She noted that each year the Consortium Board votes on the prices. The amount is dependent on the GIS services used. She stated the amount reflects a one percent increase. Trustee Jester made a motion to authorize the contract in an amount not to exceed $71,468. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) APPROVAL OF WASTEWATER Ms. Little reported there are eight individual items RECLAMATION FACILITY to be covered by this change order. The total IMPROVEMENT PROJECT CHANGE amount is $90,809.92. The total for all change ORDER NO. 10 orders would be 0.65% of the total project cost, if approved. Trustee Oppenheim made a motion to approve the change order. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) DISCUSSION TEMPORARY SIGNAGE Trustee Seiden expressed disappointment over the large sign in front of Rosebud. He noted that temporary signs are covered by the Sign Ordinance. Trustee Seiden noted there is a provision stating any establishment can have a temporary sign up to 32 square feet for 30 days, up to four times per year with 30 days in between each request. He thinks it makes the Village look bad and our ordinance can be either interpreted or modified so that advertising something on their menu would not be covered. Trustee Seiden does not believe this was the intent of the original ordinance. He would like to revise the ordinance to define the nature of temporary and would allow staff of interpret the ordinance in a different manner. Mr. Street reported staff would put together a report and identify the number of temporary sign permits issued. 1 1 1 1 Board of Trustees Meeting April 2, 2012 Page 9 of 9 POWER RESELLERS Trustee Benton stated the number of calls residents have received from power resellers is increasing. He emphasized that the Village has signed the Municipal Aggregation Agreement and have taken the offer that will go into effect in June. Mr. Street noted that any correspondence from the Village will have the Village logo clearly marked. COMMITTEE OF THE WHOLE DINNER WITH THE BOARD 2012. Mr. Street stated the next Committee of the Whole meeting will take place on April 23, 2012. Mr. Street stated the annual dinner for Board and Commission Chairs will take place on May 31, ADJOURNMENT There being no further business or discussion, Trustee Oppenheim made a motion to go into Executive Session to discuss personnel pursuant to Section 2(c)(1) of the Open Meetings Act. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Jester, Oppenheim, Seiden, Struthers (5) NAYS: None (0) The regular meeting was adjourned at 9:25 p.m. ATTEST: Village Clerk APPROVED: Mayor