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11/05/2012November 5, 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 November 5, 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 Village Manager Kent Street. PLEDGE OF ALLEGIANCE John Reid of the American Legion, led those' in attendance in reciting the Pledge of Allegiance. Mr. Reid stated there will be a ceremony honoring all Veterans at Jewett Park on Sunday, November 11, 2012 at 11 a.m. POLICE SWEARING IN CEREMONY Chief Sliozis recognized the promotions of Bill Armen to Police Commander, Juan Mazariegos to Police Sergeant and Chuck Horstein to Police Sergeant. Village Manager Kent Street swore in .Commander Armen, Sergeant Mazariegos and Sergeant Horstein to their new positions. COMMUNITY SERVICE AWARD Community Relations Commission Chairman Chris Foltz presented the Community Service Award to Barbara Reich. Ms. Reich is Co -Chair of the Family Days Commission and has volunteered a great amount of time to the Village and the entire community. Ms. Reich thanked the Village for the honor. Mayor Rosenthal noted Ms. Reich is also a member of the Optimist Club, active participant in the Deerfield Relay for Life as well as a number of other worthy organizations. MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the minutes from the October 15, 2012 Board of Trustees meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Oppenheim made a motion to approve the Bills and Payroll dated November 11, 2012. Trustee Farkas 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 November 5, 2012 Page 2 of 5 PUBLIC COMMENT Andrew Marwick, 442 Kelbum, expressed concern that Waukegan Road is reduced to one lane due to the library construction. He questioned the need for the Library renovations and the additional meeting room space. Mayor Rosenthal noted the library has already begun the expansion and their' referendum has passed. Mr. Marwick expressed concern about the library financing. Mayor Rosenthal noted this is the library's debt, not the Village's debt. Trustee Seiden asked if Mr. Marwick has considered attending a Library Board meeting. Mr. Marwick said he has spoken with the library as well. REPORTS REPORT OF THE FAMILY DAYS Management Analyst Andrew Lichterman reported COMMISSION Family Days was successful and the net cost to the Village was reduced by almost half this year. The Commission did a wonderful job soliciting sponsorships. Ms. Reich stated they relocated the food vendors this year and had a positive reaction. The Commission is trying to increase the number of food vendors and arts and crafts vendors next year. Ms. Reich noted Family Days also has a Facebook page for promotional purposes. Ms. Reich thanked the Village for all their support. She noted next year will also be the 50th anniversary of Family Days and 100th anniversary of the Deerfield- Bannockburn Fire Protection District. Mr. Lichterman presented the 2013 Family Days proposed budget and noted there is a marginal increase in expenditures of approximately $2,000 for next year. Last year, the expenditures were on budget and revenues exceeded projections. Trustee Seiden made a motion to accept the report of the Family Days Commission. Trustee Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) APPEAL OF THE APPEARANCE REVIEW COMMISSION'S DECISION TO DENY THE PROPOSED (EXISTING) SIGN FACE CHANGE TO CARSON'S GROUND SIGN, 300 WAUKEGAN Village Manager Street reported the Appearance Review Commission considered the request of Carson's Ribs at the September 24, 2012 workshop meeting for a sign face to their ground signs. He noted the installed sign faces were not consistent with the Ordinance requirements. The Appearance Review Commission voted 5 -1 against the petitioner's request. Ron Rosenbloom, attorney for Carson's Ribs, summarized that the sign looks nice and complies with all but one of the requirements in the Appearance Code. He noted the only thing not within the criteria is the extra verbiage on the sign. Mr. Rosenbloom does not believe the sign would Board of Trustees Meeting November 5, 2012 Page 3 of 5 have a negative impact on the community. He stated they had to replace the sign because it was damaged in a storm. The basis of his appeal is that the descriptive language on the sign is part of Carson's trademark and fits with the community. Mayor Rosenthal noted that the sign was changed in 2006. At that time, the Appearance Review Commission had stated they do not allow extra verbiage on signs, but agreed to allow the descriptive "Since 1977" on the sign. Mayor Rosenthal noted that since Carson's had gone through the process before, they should have known what the regulations are. Mayor Rosenthal stated the Village has sign criteria and wants to keep signs simple. This sign now has two tag lines. The sign was installed without an application or petition to the Appearance Review Commission. Notices were sent out in July and August but were not acknowledged until September. Mayor Rosenthal believes the integrity of the Sign Ordinance needs to be protected. She does not believe an exception should be granted just because the sign was installed without approval. She also would not want to set a precedent. Trustee Farkas stated the Board tries to make reasonable accommodations. He noted that accepting this sign would be going against Village procedures and the Appearance Review Commission. Trustee Oppenheim noted that if the restaurant appeared before the Appearance Review Commission and followed the proper procedure, then if it was denied, she may have considered the appeal. Since the business did not go through the process, however, she is not inclined to make an exception. Trustee Benton made a motion to approve the appeal to the Appearance Review Commission's denial of the sign face change for the ground sign for Carson's Ribs. Trustee Struthers seconded the motion. The motion failed by the following vote: AYES: None (0) NAYS: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) REPORT AND RECOMMENDATION Director of Public Works and Engineering, Barbara RE: MERIT CLEANERS REQUEST FOR Little reported that Merit Cleaners submitted a LIMITED AREA GROUND WATER request to institute a Limited Area Ground Water USE RESTRICTION ORDINANCE Use Restriction Ordinance that is in accordance with the Illinois Environmental Protection Agency regulations. In April, the Village retained the services of AECOM to review and provide a recommendation on this request. AECOM concurs with the Limited Area Groundwater Use Restriction Ordinance with a setback of 250 feet as proposed. If the Board approves the request, the Ordinance would be submitted to the IEPA as part of Merit Cleaners' site remediation plan. The Village also has prepared a supplemental agreement that outlines the responsibilities of the business and Village, if the Village needs to make an underground repair. Trustee Oppenheim clarified that no more contamination is taking place because the chemicals are no longer being used. Mr. Street stated the Board has an exhibit that shows the extent of the contamination, which is entirely contained within the building. Trustee Oppenheim noted the contamination is not located near residential properties. Board of Trustees Meeting November 5, 2012 Page 4 of 5 Trustee Seiden made a motion to accept the report and recommendation. Trustee Benton seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) CONSENT AGENDA APPROVAL OF ILLINOIS ELEVATOR Mr. Street noted that this agreement allows the SAFETY PROGRAM AGREEMENT the Village to retain control over the elevator inspection program. Trustee Oppenheim made a motion to approve the Illinois Elevator Safety Program Agreement. Trustee Struthers 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. There was no New Business. NEW BUSINESS DISCUSSION VETERAN'S DAY CEREMONY Mayor Rosenthal thanked the American Legion for hosting a Veteran's Day ceremony which will take place on November H, 2012 at 11:00 am at the Veteran's Memorial in Jewett Park. BOYS CROSS COUNTRY TEAM Mayor Rosenthal congratulated the Deerfield High School boys cross country team. She noted this will be the first time the team is participating in the State Championship. ELECTION DAY Mayor Rosenthal reminded residents that tomorrow is election day and urged all residents to vote. LEAF PICK UP Mr. Street reported this is the third week of the Board of Trustees Meeting November 5, 2012 Page 5 of 5 Village leaf pick up. There is one more week remaining. LANE CLOSURES Mr. Street informed residents that Deerfield Road, east of Waukegan Road, will have an overnight rolling lane closure to accommodate sewer investigations. The lane closures will start tomorrow evening. Mr. Street thanked the Public Works Department for organizing the work to take place during the overnight hours. ADJOURNMENT There being no further business or discussion, Trustee Benton made a motion to adjourn the meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:30 pm. ATTEST: Village Clerk APPROVED: Mayor.