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)
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April 2, 2012
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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
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April 2, 2012
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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
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April 2, 2012
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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
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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
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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
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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:
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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.
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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