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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 Board of Trustees Meeting December 17, 2012 Page 2 of 11 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 Board of Trustees Meeting December 17, 2012 Page 3 of 11 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 Board of Trustees Meeting December 17, 2012 Page 4 of 11 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 Board of Trustees Meeting December 17, 2012 Page 5 of 11 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 Board of Trustees Meeting December 17, 2012 Page 6 of 11 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: �I 1 1 Board of Trustees Meeting December 17, 2012 Page 7 of 11 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. Board of Trustees Meeting December 17, 2012 Page 8 of I l 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 1 Board of Trustees Meeting December 17, 2012 Page 9 of 11 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 Board of Trustees Meeting December 17, 2012 Page 10 of 11 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. I 1 1 Board of Trustees Meeting December 17, 2012 Page 11 of 11 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