12/17/2012December 17, 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 December 17, 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 Kent Street, Village Manager.
MOMENT OF SILENCE Mayor Rosenthal asked for those in attendance to
observe a moment of silence in memory of those
that lost their lives in the tragedy in Newtown, CT. Chief Sliozis stated the Police Department
reached out to the superintendents at both school districts and police patrols were increased in
the area of the schools. The Department is constantly working with the schools and
reviewing safety plans. Trustee Farkas added that parents have received exemplary email
communications suggesting ways to discuss the situation with children. He commended the
approach by the schools and the Police Department.
PLEDGE OF ALLEGIANCE State Senator Susan Garrett led those in attendance
in reciting the Pledge of Allegiance.
PROCLAMATION Mayor Rosenthal read a proclamation honoring
Susan Garrett, retiring State Representative of the
291h District. She thanked Senator Garrett for her outstanding assistance to the Village. Mayor
Rosenthal noted that Senator Garrett was first elected in 2002. Mayor Rosenthal spoke about the
various projects where Senator Garrett was instrumental in assisting the Village including the
resurfacing of Waukegan Road, the funding for the Wastewater Reclamation Facility, ComEd
upgrades and numerous other projects. Mayor Rosenthal declared the week of December 16,
2012 — December 23, 2012 as Susan Garrett Week in Deerfield.
Trustee Oppenheim made a motion to accept the Proclamation. Trustee Benton seconded the
motion. The motion passed unanimously.
Senator Garrett thanked the Village for their support. She grew up in Deerfield and feels the
opportunities in Deerfield are boundless.
MINUTES OF PREVIOUS MEETING Trustee Benton made a motion to approve the
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December 17, 2012
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minutes from the December 3, 2012 Board of
Trustees meeting. Trustee Oppenheim seconded the motion. The motion passed unanimously
with a minor amendment.
BILLS AND PAYROLL Trustee Benton made a motion to approve the
Bills and Payroll dated December 17, 2012. Trustee
Farkas seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
TREASURER'S REPORT Acting Finance Director Eric Burk presented
highlights from the Treasurer's Report for the
month ending November 30, 2012, representing seven months of the fiscal year. The sales tax
rebate, net Walgreens, is up year to date, but was less than last month and less than the same
period last year. He stated the water fund made its final debt payment. Building permits had a
good month netting $84,000. The expenditures were higher than the revenues this month,
partially due to debt payments three payroll in November.
Mayor Rosenthal noted the August sales tax shows part of the Best Buy closing. Mr. Burk noted
the Village does not get a detailed breakdown, but believes this reflects the partial month loss of
Best Buy. He stated the Walgreen's activity was higher than normal, so the Village is not feeling
the entire effect of Best Buy closing.
REPORT ON DEPARTMENTAL Assistant to the Village Manager, Jennifer Maltas,
OBJECTIVES — ADMINISTRATIVE presented highlights from the Administration
Department's report on departmental objectives.
She noted this includes the Village Manager's office and the Information Technology Division.
During the past six months, the department completed a new fee schedule. They also completed
the municipal aggregation for an alternative energy supplier, which has an opt -out opportunity
every six months. Ms. Maltas stated that MC2 would be covering the cost of the opt -out notices.
She reported that Deerfield residents are expected to save $2.3 million in the first year of the
alternative energy aggregation program. Ms. Maltas has been exploring other projects to work
on with the consortium as well.
Ms. Maltas provided an update on the various commissions staffed by the Department. The
Sustainability Commission has been very busy reviewing commercial franchising opportunities.
They met with SWALCO to go over the RFP. The Sustainability Commission will form a sub-
committee to review the RFP in January. Bannockburn may join as well. The Sustainability
Commission also worked on the composting ordinance that was recently passed. The Cable and
Telecommunications Commission negotiated and presented a 10 -year renewal for Comcast. The
Fine Arts Commission had a very successful Fine Arts Festival this year. There were more than
100 artists. They are working on next year's festival and are looking to have local restaurants
participate again next year. The Family Days Commission solicited more than $15,000 in
donations this year. Next year is the 50`h anniversary of Family Days. The Community
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December 17, 2012
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Relations Commission developed a resource guide for seniors over 65. They are preparing a
guide for special needs adults that will be ready shortly. .
Staff is continuing to work with Deerbrook Mall on their proposed redevelopment and with
Mondelez International. The Village is continuing to use the electronic newsletter and the
subscription rate has nearly doubled.
Ms. Maltas previously presented a revisions to the purchasing manual and staff has been
undergoing training to utilize the electronic purchasing software. Staff is working with the
Director of Finance, the labor attorney and the insurance pool on making additional changes to
the personnel manual. They are also working with the labor attorney and Public Works Union
150 on a new contract.
Staff will be looking at document management software to make it easier to comply with
Freedom of Information Act requests. The IT Division will be working with the Community
Development and Public Works Departments on a pilot program with tablet PCs. The IT
Division also configured new workstations for the GIS system and migrated the servers. They
worked with the Police Department on getting competitive quotes on a new identification system
and obtained a new mug shot camera for booking. The IT Division upgraded the Microsoft
Office software in the Village and trained 70 users in a two week period.
Trustee Struthers asked if there is anything that can be done to better keep residents informed.
Mayor Rosenthal suggested talking to various organizations about the Village's email alert
system and having material available for organizations to distribute.
Trustee Jester stated the Administrative Department has been proactive and done new things that
will benefit the Village.
PUBLIC COMMENT
There were no Public Comments on non - agenda
items.
REPORTS
REPORT AND RECOMMENDATION Village Manager Street reported that the Plan
OF THE PLAN COMMISSION RE: Commission held a Public Hearing on November 8,
TEXT AMENDMENTS TO THE C -2 2012, which followed workshop meetings on
OUTLYING COMMERCIAL DISTRICT September 13, 2012 and October 9, 2012. The Plan
TO STRENGTHEN RETAIL Commission voted 5 -0 to recommend five text
amendments. Plan Commission members Rob
Nadler and Al Bromberg were present and available to answer questions. Mr. Street suggested
considering the five. text amendments independently from one another.
1. Require a Special Use for any future service use, office use, medical office use, and
recreational use listed in Article 5.02 -B, 2, 3, and 4 which is between 10,000 square feet and
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20,000 square feet in size when located on the ground floor, with the exception of a couple of
areas in the Deerfield Park Plaza shopping center where Text Amendment #1 would not apply.
The areas include the 16,000 square foot Barking Lot building at 495 Lake Cook Road, and the
13,100 square foot area toward the rear of the shopping center addressed 405 Lake Cook Road,
Suites A18 through A22 which is occupied by California Tan and the former Diplomat
Pharmacy, as these area are more suited for non - retail uses.
Mayor Rosenthal questioned whether the exceptions, when naming specific businesses, would
run with businesses or the site. Mr. Coblentz noted the exceptions would be geographical.
Trustee Oppenheim questioned whether it is common to write text amendments where different
areas within the same development would be handled differently. Mr. Coblentz stated that sub -
zones or overlay districts are becoming increasingly common. Trustee Farkas noted the Plan
Commission vetted the issues thoroughly and provided a detailed, comprehensive report.
Trustee Farkas made a motion to approve the report for the first text amendment and prepare the
Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
2. Do not allow future large non - retail service uses, office uses, medical office uses, and
recreational uses listed in Article 5.02 -B, 2, 3, and 4 of 20,001 square feet and over in size
located on the ground floor in the C -2 District with the exception of the three buildings at the
rear of Deerbrook Mall which are Joy of the Game, Brunswick, and National Tire and
Battery and in Deerfield Park Plaza the Sachs Recreation Center as the Plan Commission
believes these areas are not conducive to retail use.
Trustee Struthers suggested including the building northwest of Home Depot, which currently
has all medical and legal uses. The building is part of the C -2 district but should not be included
as desired retail. Principal Planner Jeff Ryckaert noted that property is in the I -1 zoning district,
not the C -2 district.
Mayor Rosenthal believes the text amendment makes sense and will help with the Village's
goals.
Trustee Oppenheim made a motion to approve the report for the second text amendment and
prepare the Ordinance. Trustee Struthers seconded the motion. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
3. Retail uses listed in Article 5.02 -B,1 up to 30,000 square feet in area be a permitted use in the
C -2 District south of Lake Cook Road. Retail stores 30,001 square feet and over in this specific
geographic area south of Lake Cook Road would need to obtain a Special Use. The rest of the
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December 17, 2012
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C -2 District north of Lake Cook Road would remain with the Special Use requirement for retail
stores of 10,000 square feet in size or more.
Trustee Oppenheim questioned why there is a distinction south of Lake Cook Road. Mr. Nadler
reported that there are not businesses larger than 30,000 square feet currently north of Lake Cook
Road.
Trustee Benton made a motion to approve the report for the third text amendment and prepare
the Ordinance. Trustee Oppenheim seconded the motion. The motion passed by the following
vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
4. Keep the 50% retail use restriction in the commercial planned unit development shopping
centers with the exclusion of the square footage of the three buildings at the back of Deerbrook
Mall which include Joy of the Game, Brunswick, and National Tire and Battery from the 50%
retail calculation as well as the Sachs Recreation Center and the Barking Lot building in
Deerfield Park Plaza
Trustee Farkas questioned how the restriction would work when there are a number of vacancies
in a center that is being filled up with non - retail uses. Mr. Nadler reported that Cadwell's Corner
and Deerbrook Mall allow up to 50% non - retail uses on the first floor. This would change the
zoning to help promote retail.
Trustee Farkas made a motion to approve the report for the fourth text amendment and prepare
the Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
5. Text amendments to update the permitted uses and Special Uses in the C -2 district.
The Plan Commission recommends adding uses to the permitted use list in the C -2 outlying
district. Mr. Nadler reported this would make it easier for retail uses to come into the Village.
Trustee Farkas made a motion to accept the balance of the report and prepare the Ordinance.
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
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December 17, 2012
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There was no Consent Agenda.
OLD BUSINESS
APPROVAL OF WASTEWATER Director of Public Works and Engineering, Barbara
RECLAMATION FACILTY Little reported that change order 13 was
IMPROVEMENT PROJECT CHANGE previously tabled and deferred until additional
ORDER NO. 16 information could be obtained. A request was made
to the subcontractor for a reduction in the hauling
cost since the actual quantity was significantly higher than the allowance. The contractor offered
a 10% reduction in the unit price which resulted in the savings of $19,368.66, bringing the
change order down to $174,317.
Trustee Jester made a motion to approve the Wastewater Reclamation Facility improvement
project change order number 16 in an amount not to exceed $174,317. Trustee Oppenheim
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
NEW BUSINESS
ORDINANCE 0 -12 -42 LEVYING
TAXES FOR CORPORATE PURPOSES
FOR THE CURRENT FISCAL YEAR,
COMMENCING ON THE FIRST DAY
OF MAY, 2012, AND ENDING ON THE
THIRTIETY DAY OF APRIL, 2013, FOR
THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES — 2R
Ordinance. Trustee Struthers seconded the
Mr. Burk reported this is the 2012 property tax
levy, which was part of the 2013 budget that was
amended by the bond Ordinances. The levy
reduced the general fund by $26,000 and abated all
non - treatment plant bond issues. The total Village
levy is $5,101,429; the Village levy including the
Library is $9,222,542.
Trustee Seiden made a motion to adopt the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ORDINANCE 0 -12 -43 ABATING ALL An Ordinance abating all of the 2012 tax levy
OF THE 2012 TAX LEVY requirements for Series 2008 general obligation
REQUIREMENTS FOR SERIES 2008 bonds. Second Reading.
GENERAL OBLIGATION BONDS — 2R
Trustee Oppenheim made a motion to adopt the
Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:
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AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ORDINANCE 0 -12 -44 ABATING A An Ordinance abating a portion of the 2012 tax
PORTION OF 2012 TAX LEVY levy requirements for Series 2010 general
REQUIREMENTS FOR SERIES 2010 obligation bonds. Second Reading.
GENERAL OBLIGATION BONDS — 2R
Trustee Struthers made a motion to adopt the
Ordinance. Trustee Benton seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ORDINANCE 0 -12 -45 ABATING A
PORTION OF 2012 TAX LEVY
REQUIREMENTS FOR SERIES 2011 B
GENERAL OBLIGATION BONDS — 2R
Ordinance. Trustee Struthers seconded the
An Ordinance abating a portion of 2012 tax levy
requirements for Series 2011 B general obligation
bonds. Second Reading.
Trustee Oppenheim made a motion to adopt the
motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ORDINANCE 0 -12 -46 ABATING ALL
OF THE 2012 TAX LEVY
REQUIRMENTS FOR SERIES 2011A
GENERAL OBLIGATION BONDS — 2R
Ordinance. Trustee Benton seconded the r
An Ordinance abating all of the 2012 tax levy
requirements for Series 2011 A general obligation
bonds. Second Reading.
Trustee Farkas made a motion to adopt the
notion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ORDINANCE ESTABLISHING THE An Ordinance establishing the fiscal year of the
FISCAL YEAR OF THE VILLAGE OF Village of Deerfield. First Reading.
DEERFIELD - 1 R
Mr. Burk reported that based on discussions from
the November 26, 2012 Committee of the Whole meeting, Mr. Coblentz prepared an Ordinance
establishing the fiscal year for the Village of Deerfield as January 1 through December 31 each
year commencing on January 1, 2014. He noted that this would include a transition period of
May 1, 2013 through December 31, 2013.
Trustee Seiden noted he favors the current fiscal year of May 1 through April 30, because the
Board has the benefit of looking at the first eight months of the budget and preparing the levy
based on real numbers.
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Trustee Jester believes changing the fiscal year dates would be simpler. He is confident other
Villages have done this and believes Deerfield will be successful at it as well. Mayor Rosenthal
added that it would make the Village budget and levy approval process more transparent.
Trustee Struthers believes the Village will save money when bidding public works contracts and
Trustee Oppenheim added that the Village could start the work on capital projects sooner in the
construction season as well.
This will stand as a First Reading.
RESOLUTION R -12 -18 APPROVING AN Ms. Maltas reported the Patient Protection and
AMENDMENT TO THE PERSONNEL Affordable Care Act defines part -time, seasonal
POLICIES AND PROCEDURES OF THE and full -time employees and determines which
VILLAGE OF DEERFIELD employees are eligible for healthcare. The new
standard is that employers must offer healthcare
coverage to part-time employees working an average of 30 hours per week. The proposed
amendments also update the military leave language to be consistent with union contracts,
provide definitions, and add whistleblower and fitness for duty testing sections.
Trustee Jester made a motion to accept the Resolution. Trustee Struthers seconded the motion.
Trustee Farkas commented on the vacation policy listed in section 7.1.0. and noted that leave
should be taken during the fiscal year it was earned, with no more than one year carry over. The
next section, 7. 1.1 of the vacation policy references accumulated vacation at separation and he
believes that one can interpret these two sections to be inconsistent with each other and
additional language can be added to clarify the intent of 7. 1.1 to avoid any misinterpretations.
Ms. Maltas reported employees can carry over vacation days for the next year. Trustee Jester
suggested adding verbiage that the vacation days are only for one year plus one year carry over.
Mayor Rosenthal agreed that clarification is needed on the vacation policy and suggested tabling
the Resolution.
Trustee Farkas asked Trustee Jester to consider amending the motion to include the revision to
section 7.1.1. Trustee Jester stated this section could have significant impact on employees and
believes it should considered as a separate matter that staff can address at a later date. Manager
Street noted that staff will make a recommendation for the Board to consider on the larger issue
of accrued vacation time.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION FOR ADDITIONAL Assistant Village Engineer, Bob Phillips, reported
WORK FOR LINDEN AVENUE the Board awarded the contract for the Linden
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INFRASTRUCTURE REHABILITATION Avenue infrastructure rehabilitation project to A-
PROJECT — CONTRACT FINAL Lamp Concrete Contractors in June at a bid price of
$828,000. At the onset of the project, the Village
set out to reconstruct sanitary and storm sewers, roadway and water systems. During the project,
issues were encountered requiring more sewer and roadway replacement than anticipated. Other
challenges to the works site were caused by the narrowness of the existing roadway and the
difficulty in navigating the area. These issues caused additional impacts to driveway aprons and
landscaping, which resulted in $59,000 of additional work that needed to be completed. The
Village originally budgeted $870,000 for the project. The difference of $42,000 is $17,000 over
the budgeted amount. Mr. Phillips noted that even with the additional expense, the amount is
nearly $200,000 lower than the second lowest bidder.
Trustee Jester made a motion to authorize the additional work for the Linden Avenue
infrastructure rehabilitation project in an amount not to exceed $42,000. Trustee Struthers
seconded the motion. The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION FOR ADDITIONAL Mr. Phillips noted the contract was awarded to A-
WORK UNDER 2012 MFT STREET Lamp Concrete Contractors in April. The scope
REHABILITATION PROJECT — included reconstruction of ten streets. The Village
CONTRACT FINAL requested an additional $72,000 of work when the
Board approved the addition of Jonquil Terrace
reconstruction and the patching of Deerfield Road. Earlier this year, the Village authorized the
fiber optic project for $28,000 while the project budget was $100,000. Mr. Phillips suggested
using the excess money to cover the additional expenses incurred.
Trustee Struthers made a motion to authorize the additional work under the 2012 MFT street
rehabilitation project. Trustee Oppenheim seconded the motion. The motion passed by the
following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
AUTHORIZATION FOR SANITARY Ms. Little reported that this is a follow -up to
SEWER ASSESSMENT SYSTEM BY discussions with RedZone Robotics at a Committee
REDZONE ROBOTICS of the Whole meeting. She noted the Village's
sanitary sewer system is a critical facility.
Ms. Little reported that the RedZone proposal specifies a total cost of $573,637.15. They are
offering the contract with a five -year program term, a 0 % financing rate and concessions of
more than $80,000. The current budget includes $125,000 for sewer lining from the
Infrastructure Replacement Fund. She proposes reallocating these funds to initiate the program
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December 17, 2012
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this fiscal year. Ms. Little noted the sourcing of the funding in subsequent years would be
discussed during the annual budget process.
Trustee Farkas asked if staff has explored whether costs of the project could be reduced. Ms.
Little noted RedZone has responded that scope changes, such as not doing manhole evaluations,
would reduce the costs, but are not recommended by staff as the information will still be needed.
Trustee Seiden questioned whether the contract could be cancelled. Ms. Little reported the
contract could be cancelled. Trustee Seiden thought the sewer lining project was important. Ms.
Little noted the Village has not undertaken the sewer lining contract this year. Mayor Rosenthal
added the sewer lining is something that should be done, because it is preventative. She noted it
is not critical that the specific sewers be completed immediately as they can be lined next year.
Trustee Benton noted that by completing this exam, the Village could avoid more extensive
repairs. Trustee Jester added that the inspection could find areas that need immediate attention
as well.
Trustee Oppenheim made a motion to authorize the sanitary sewer assessment system by
RedZone Robotics at a price not to exceed $573,637.15. Trustee Struthers seconded the motion.
The motion passed by the following vote:
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
DISCUSSION
THANK YOU Mayor Rosenthal thanked the Police Department
for their hard work during the Toys for Tots Charity
Drive Thru event in Deerfield last Saturday. She noted Deerfield residents turned out in
numbers, even with the rainy weather.
ILLINOIS HOUSE BILL 30 Mr. Street received a letter from the Village
Attorney relating to Illinois House Bill 30, which is
the compassionate use of cannabis pilot act. He wanted to make the Trustees aware of the act
before legislation is passed. Mr. Coblentz reported that the bill is moving forward and could
create Statewide licensing and registration for medical cannabis dispensaries. Mr. Street noted
the Board may have to consider various regulations in the near future.
HAPPY HOLIDAYS On behalf of the Village Board and staff, Mayor
Rosenthal wished happy holidays to all.
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APPOINTMENT OF FINANCE
DIRECTOR
Mr. Burk on his appointment.
DBR CHAMBER LUNCHEON
noted that it was well attended.
ADJOURNMENT
ATTEST:
Village Clerk
Manager Street announced his appointment of Eric
Burk as Director of Finance for the Village. Mayor
Rosenthal and the Board of Trustees congratulated
Trustee Farkas thanked the DBR Chamber for their
annual holiday luncheon meeting last week and
The meeting was adjourned at 9:43 pm.
APPROVED:
Mayor