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09/18/2012September 18, 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 September 18, 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 Absent: and that a quorum was present and in attendance. Also present were Village Attorney Peter Coblentz and Kent Street, Village Manager. PLEDGE OF ALLEGIANCE Walden School Cub Scouts Troop 450 led those in attendance in reciting the Pledge of Allegiance. Mayor Rosenthal asked the scouts to introduce themselves and mention their favorite scouting activity. Cub Master Eric Hogberg discussed the various activities for both scouts and their parents. Den Leader Lydia St. John noted on October 13`h, the scouts will have a rocket launch at Shepherd School from 10:30 am — 12:30 pm. . PROCLAMATION Mayor Rosenthal proclaimed September, 2012 as Texting and Driving Awareness Month in the Village of Deerfield and further proclaimed September 19, 2012 as No Text On Board Pledge Day in the Village of Deerfield and encouraged all residents to take the pledge to never text and drive. Trustee Benton made a motion to accept the Proclamation. Trustee Oppenheim seconded the motion. The motion passed unanimously. DOCUMENT APPROVAL Trustee Seiden made a motion to approve the minutes from the September 3, 2012 Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Farkas made a motion to approve the Bills and Payroll dated September 18, 2012. Trustee Struthers 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 September 18, 2012 Page 2 of 6 TREASURER'S REPORT Acting Finance Director Burk presented highlights from the Treasurer's Report representing four months or 33% of the fiscal year. The non -home rule sales tax is up 18% over the same period last year. Mr. Burk noted a substantial portion of the increase is due to an increase in Walgreen's activity. Water and sewer revenues were significantly up. Building permits exceed projections and more than $200,000 in permit fees have been generated. The year to date operating revenues exceed expenditures. PUBLIC COMMENT Dan Slack, 835 Brand Lane, reported the construction of a new home on his street has caused an excessive inconvenience. He asked if the Board could do anything to assist him. Mr. Slack noted he lives on a private road that is very narrow and construction vehicles often block the roadway making the street impassible. The heavy loads from these trucks have caused deterioration of the street. He understands a deposit is taken to protect public improvements and asked if the Village could withhold some of the deposit until the builder fixes the damage that was done. He also noted drainage issues have been caused by the new construction. Village Attorney Coblentz reported the street is a private roadway and was not built to Village standards. Mr. Coblentz noted the new constructed home needs to meet the Village's drainage requirements, even though it is on a private street. Mr. Coblentz noted the performance guarantee deposit is intended to ensure the grading and drainage of a property are completed properly and it is not a deposit for roadway improvements. He stated there may be a potential violation with vehicles stopping and obstructing the roadway. Mr. Coblentz stated the private street damage is the responsibility of the individual that caused the damage to the owners of the private street. It would be a civil suit, not a Village offense. Mr. Slack stated he lived through the inconvenience, but does not believe private citizens should be forced to sue a contractor for damage to the private street. Mayor Rosenthal noted she too lives on a private street and her subdivision has a homeowner's association that collects money for street repairs. Trustee Seiden noted there is a Village ordinance stating the storm water drainage cannot be any worse than before the improvement. Mayor Rosenthal thanked Mr. Slack for bringing this issue to the Village's attention and noted staff will providing him with additional information if it is determined that the Village can be of further assistance. REPORT AND RECOMMNEDATION OF THE PLAN COMMISSION RE REQUEST FOR APPROVAL OF A SPECIAL USE FOR SETA SALON AT 655 DEERFIELD ROAD, UNIT 110 IN DEERFIELD SQUARE RRPORTS The Plan Commission held a Public Hearing on August 9, 2012 to consider a request for approval of a Special Use for Seta Salon at 655 Deerfield Road, Unit 110, in Deerfield Square. The Plan Commission voted 4 -0 in favor of sending a favorable recommendation to the Board. Board of Trustees Meeting September 18, 2012 Page 3 of 6 REPORT AND RECOMMENDATION 'The Village Center Development Commission held OF THE VILLAGE CENTER a workshop meeting on September 5, 2012 to DEVELOPMENT COMMISSION RE: consider a request for approval of a Special Use for REQUEST FOR APPROVAL OF A Seta Salon at 655 Deerfield Road, Unit 110, in SPECIAL USE FOR SETA SALON AT Deerfield Square. The VCDC voted 8 -0 in favor 655 DEERFIELD ROAD, UNIT 110 IN of sending a favorable recommendation to the DEERFIELD SQUARE Board with the condition that mall management agree to valet parking during peak times, as necessary. Trustee Farkas made a motion to accept the reports. Trustee Seiden seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Trustee Farkas noted the Commissions put a lot of work into this recommendation and he commends their hard work. He questioned whether there would be someway to streamline items like this in the future, since it received such unwavering support. Trustee Benton noted the Village should allow time for public comments Board /Commission understanding. It would be difficult to eliminate the steps in the Special Use review process. Trustee Oppenheim agreed the process allows the Commissions and Village Board an opportunity to look at how a development is working and determine if changes need to be made. Mayor Rosenthal noted the Special Use process is substantive and serves an important purpose even for items that quickly have consensus. Trustee Jester noted the review of the parking lot was very substantive. REPORT AND RECOMMENDATION Director of Public Works and Engineering, Barbara REGARDING LEE'S HANALEI Little, reported Hanalei Cleaners would like the CLEANERS REQUEST FOR LIMITED Village to dedicate a Limited Area Ground Water AREA GROUNDWATER USE Use Restriction Ordinance in accordance with IEPA RESTRICTION ORDINANCE requirements. In April, staff requested authorization to retain the services of AECom. AECom concurred with the Limited Area Groundwater Use Restriction Ordinance as presented with a setback of 250 feet. If the Board approves the Ordinance, it would be submitted to the IEPA as part of the site remedial action plan. Ms. Little noted that there would be a supplemental agreement due to Village underground utilities and right -of -way on the south side of the property. The supplemental agreement outlines the responsibilities of both the businesses and the Village. Ms. Little noted the Village received a letter from V3 Consultants, the engineer for Shopper's Court, acknowledging the requirements and stating they would demonstrate compliance. Trustee Struthers stated the Village has a 2- dimentional picture of the plume and the placement. She questioned how the Village knows contamination does not extend south to Deerfield Road. President of Laicon, Inc., David Kay, representing Hanalei Cleaners, reported they installed ground water monitoring wells and determined the directional flow of the ground water. The Board of Trustees Meeting September 18, 2012 Page 4 of 6 depth of contamination is 10 — 12 feet. Trustee Struthers asked about the air quality. Mr. Kay noted the extent of the potential contamination has been investigated and there is a low concentration of vinyl chloride. Trustee Farkas asked about the cost to the Village. Ms. Little confirmed there would be no cost, and stated the Village would be reimbursed for the cost of Village engineers and legal counsel reviewing the documentation. Trustee Farkas made a motion to accept the report and recommendation. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA There were no items on the Consent Agenda. OLD BUSINESS There was no Old Business. NEW BUSINESS RESOLUTION R -12 -16 APPROVING Chairman of the Cable and Telecommunications AND AUTHORIZING A NON Commission (CTC) Paul Diambri reported the EXCLUSIVE CABLE TELEVISION Comcast franchise agreement expired last May. FRANCHISE AGREEMENT The proposed agreement is for ten years and BETWEEN THE VILLAGE OF incorporates the best practices. Mr. Diambri and DEERFIELD AND COMCAST OF the CTC are recommending the Board's approval of CALIFORNIA /ILLINOIS LP the agreement. Assistant to the Village Manager, Jenny Maltas, discussed the key changes to the agreement. She noted it would be a ten -year agreement that meets State law customer service standards and has the ability to enact a public education and government (PEG) fee. Trustee Benton stated that Comcast has evolved in their professionalism, responsiveness and cooperativeness. He believes the agreement will be an excellent opportunity for both the Village and Comcast. Trustee Benton made a motion to approve the Resolution. Trustee Farkas seconded the motion. The motion passed by the following vote: Board of Trustees Meeting September 18, 2012 Page 5 of 6 AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) Mayor Rosenthal thanked Chair Diambri and Commissioner Simon for the Commission's effort and Frank Deuel of Comcast for their professionalism. ORDINANCE AMENDING VARIOUS Management Analyst Andrew Lichterman SECTIONS OF THE MUNICIPAL CODE reported the intent of the Ordinance is to AND THE ZONING ORDINANCE OF consolidate the fees from the Deerfield Municipal THE VILLAGE OF DEERFIELD TO Code and Zoning Ordinance into a single fee PROVIDE FOR THE CONSOLIDATION schedule to increase transparency and staff OR VARIOUS PERMIT, LICENSE AND efficiency. If the Board agrees with the proposed USER FEES IN AN ANNUAL FEE changes, an Annual Fee Resolution will be finalized RESOLUTION — 1 R and will accompany the Ordinance at the Second Reading. Mr. Lichterman highlighted the single family residential construction fee that is proposed at $0.55 per square foot. He noted this fee is not an increase but rather a consolidation of the current charges that comprise the single family construction permits. He noted the fee is inclusive of heating, plumbing and electrical inspections as well as plan review fees and the certificate of occupancy. The inclusive single family construction permit fee will allow residents and businesses to more easily project their permit costs. Mr. Lichterman noted Chapter 9 of the Municipal Code, which relates to finance and taxation, is not included in the proposed Ordinance because many of the fees are governed by Illinois State Statute, have specific reporting requirements to the Illinois Department of Revenue and are not likely to require annual review. He noted fines are also not included in the fee schedule because they are distinctly different from fees and should be considered separately. Mr. Lichterman stated many of the proposed changes are a result of consolidation and because the fee did not accurately reflect the staff time associated with the activity. Trustee Oppenheim noted that going forward, the Board would not need to amend an Ordinance and rather they would only need to amend the Annual Fee Resolution. Trustee Farkas encouraged making the fee schedule as user - friendly as possible. Mr. Lichterman noted the fee schedule follows the structure of the Municipal Code. Mayor Rosenthal noted residents are encouraged to work with staff to determine applicable fees and should not solely rely on the fee schedule. AUTHORIZATION TO AWARD BID Assistant Director of Public Works and Engineering FOR NEW 2013 ALUMINUM WALK -IN Brad Fink reported the Village received two sealed VAN WITH UNDER DECK bids for the replacement of the Water Department's COMPRESSOR AND INTEGRAL walk -in van that is used for all emergency responses GENERATOR (REPL. VEHICLE #604) involving the Village's water system. The vehicle is scheduled for replacement this year. Mr. Fink noted $81,000 was budgeted for the replacement vehicle. The lowest bidder was Trans Chicago Truck Group in the net amount of $75,189.22 including the trade -in. Board of Trustees Meeting September 18, 2012 Page 6 of 6 Trustee Oppenheim made a motion to award the contract for a new 2012 aluminum walk -in van with under deck compressor and integral generator to Trans Chicago Truck Group in the net amount of $75,189.22 including trade -in. Trustee Jester seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) DISCUSSION CELL PHONE ORDINANCE Trustee Seiden stated many residents are still unaware of the cell phone Ordinance. He asked if the signs could be made more visible. Mayor Rosenthal noted the signs are located at the Village entrances. She suggested temporarily displaying the signs on a saw horse so they can be larger. Trustee Struthers suggested displaying "Don't Text and Drive" banners in the Village as well. TRUSTEE IN THE TOWN Trustee Seiden reported Trustee in the Town will be at the Farmers Market on Saturday from 9 — noon. He noted the Manpower Commission would be in attendance recruiting volunteers to serve on Village commissions. HARVEST FEST Trustee Jester reported this Saturday will be the first Harvest Fest at the Farmers Market. There will be a lot of entertainment and including games and the 7`" annual Apple Pie Contest. COMMUNITY SERVICES DAY Manager Street reported Community Services Day will take place this Saturday at Brickyards Park. There will also be an electronics collection at the Public Works facility. FALL FEST Mayor Rosenthal stated Fall Fest would take place at the Historic Village from 12 — 4 on Sunday. They will also have a cookie bake -off. ADJOURNMENT There being no further business or discussion, Trustee Oppenheim made a motion to adjourn the meeting. Trustee Benton seconded the motion. The motion passed unanimously. The meeting was adjourned at 9:00 pm. APPROVED: 1 Mayor Board of Trustees Meeting September 18, 2012 Page 7 of 6 ATTEST: Village Clerk 1 1