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
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