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01/07/2013January 7, 2013 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 January 7, 2013 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. PLEDGE OF ALLEGIANCE Assistant to the Village Manager Jennifer Maltas led those in attendance in reciting the Pledge of Allegiance. Ms. Maltas will be leaving her position with the Village. She thanked the Village for all of their support. Mayor Rosenthal and the Board of Trustees thanked Ms. Maltas for all her great service to the Village. MINUTES OF PREVIOUS MEETING Trustee Oppenheim made a motion to approve the minutes from the December 17, 2012 Board of Trustees meeting. Trustee Benton seconded the motion. The motion passed unanimously. a Trustee Oppenheim made a motion to approve the minutes from the November 26, 2012 Committee of the Whole meeting. Trustee Struthers seconded the motion. The motion passed unanimously. BILLS AND PAYROLL Trustee Farkas made a motion to approve the bills and payroll dated January 7, 2013. Trustee . Oppenheim seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6) NAYS: None (0) PRESENTATION OF THE GFOA Mayor Rosenthal presented the Government DISTINGUISHED BUDGET AWARD Finance Officers Association budget award to Village Treasurer Eric Burk. Mayor Rosenthal noted this is the 22nd consecutive year this award was received by the Village. Mayor Rosenthal thanked Mr. Burk and the Finance Department for their good work and noted this award demonstrates that the Village's budget is a transparent policy document. Board of Trustees Meeting January 7, 2013 Page 2 of 6 PUBLIC COMMENT There was no Public Comment on non - agenda items. REPORTS REPORT AND RECOMMENDATION OF THE PLAN COMMISSION RE: REQUEST FOR APPROVAL OF A TEXT AMENDMENT AND SPECIAL USE FOR THE JOY OF THE GAME FACILITY AT 158 S. WAUKEGAN ROAD IN DEERBROOK SHOPPING CENTER TO Manager Street reported that the Plan Commission held a Public Hearing on November 13, 2012 to consider the request for a text amendment and special use for the Joy of the Game facility located at 158 S. Waukegan Road in the Deerbrook Shopping Center to allow additional programs and services. The Plan Commission voted 6 -0 to ALLOW ADDITIONAL PROGRAMS send a favorable recommendation to the Board. Mr. AND SERVICES Street noted that if the Board accepts the report a liquor license will also need to be considered at the next Board meeting to allow a catering company to offer alcohol. Dan Shapiro, Plan Commission Chairman, Josh Carl and Mike Nekritz, from Joy of the Game were present to answer questions. Mr. Nekritz reported they will offer some educational programming and bring in opportunities for special education kids as well. He noted they would like to expand some of the services Joy of the Game provides including private parties, some educational programs and classes. Mr. Nekritz added they want to offer tutoring and ACT preparation for their students as well. b Mr. Carl noted there was a change in ownership about 19 months ago and they wanted to ensure the community and the Board was aware of the products. He stated their programming has grown based on the needs of the community. Mayor Rosenthal reported they currently offer sports - related parties but wanted to also offer the opportunity for people to gather and watch sporting events on TV as well. They also want to offer the availability of a DJ. Mr. Carl noted the Board did not want this to become an entertainment venue. He stated their events would have a sports theme and could be related to basketball tournaments. They have hosted a number of charity events that offer a combination of sports and dancing. Mr. Carl noted they would only offer alcohol during private parties. Trustee Oppenheim made a motion to accept the report and recommendation of the Plan Commission to consider text amendments and a special use for Joy of the Game. Trustee Benton seconded the motion. The motion passed unanimously. CONSENT AGENDA ORDINANCE DECREASING THE An ordinance decreasing the number of Class E NUMBER OF CLASS E LIQUOR liquor licenses from 15 to 14, decreasing the 1 Board of Trustees Meeting January 7, 2013 Page 3 of 6 LICENSES FROM 15 TO 14; DECREASING THE NUMBER OF CLASS C LIQUOR LICENSES FROM 6 TO 4; AND DECREASING THE NUMBER OF CLASS J LIQUOR LICENSES FROM I TOO —I R There was no Old Business. number of Class C liquor licenses from 6 to 4 and decreasing the number of Class J liquor licenses from 1 to 0. First Reading. This will stand as a First Reading of the Ordinance. OLD BUSINESS NEW BUSINESS ORDINANCE 0 -13 -01 ESTABLISHING Mr. Burk reported the Ordinance provides for THE FISCAL YEAR OF THE VILLAGE a transition year from May 1, 2013 through OF DEERFIELD — 2R December 31, 2413. He stated the levy will still be passed in December and will be collected the following June and September. The audit revenue recognition will remain the same. The budget revenues from the 2012 levy, which was passed last month, will be collected in June and September of 2013 of the transition year. Then, the levy will be passed in December 2013 and will be collected in June and September of 2014. Trustee Farkas made a motion to adopt the Ordinance. Trustee Struthers seconded the motion. The motion passed by the following vote: AYES: Benton, Farkas, Jester, Oppenheim, Struthers (5) NAYS: Seiden (1) ORDINANCE AUTHORIZING TEXT An Ordinance authorizing text amendments to the AMENDMENTS TO C -2 OUTLYING C -2 outlying commercial district to strengthen COMMERCIAL DISTRICT TO retail. First Reading. STRENGTHEN RETAIL —1 R This will stand as a First Reading of the Ordinance. ORDINANCE APPROVING AND Management Analyst Andrew Lichterman AUTHORIZING A GROUND LEASE reported that after frequent requests from residents, BETWEEN U.S. BANK NATIONAL commissions, and service clubs for US Bank to ASSOCIATION AND THE VILLAGE OF . improve the appearance of their corner park DEERFIELD — 1 R property, staff negotiated a lease for the northeast corner of Deerfield and Waukegan Road. The lease provides the Village with the framework to improve the property and allows the property to be used as a public plaza. The lease is for 15 years and the Village will pay rent of $1 per year. The bank will continue to pay the property taxes and reimburse the Village of certain costs, in Board of Trustees Meeting January 7, 2013 Page 4 of 6 the event the lease is cancelled early. Mr. Lichterman noted US Bank representatives have confirmed acceptance of the lease as presented. If approved, the lease will commence on April 1, 2013. Trustee Struthers believes this will be an improvement to the downtown. Trustee Farkas noted that any structures added to the leased premises remain the property of the Village. Trustee Seiden noted if US Bank terminates the lease before 15 years, they would reimburse the Village on a pro -rata basis for the initial improvements made to the premises. Mr. Lichterman noted the lease agreement guarantees the first five years. This will stand as First Reading of the Ordinance. ORDINANCE AMENDING ARTICLE 12 Ms. Maltas reported the Sustainability (SPECIAL PURPOSE BOARDS AND Commission is proposing allowing representatives COMMISSIONS) OF CHAPTER 2 of Deerfield -based businesses to be full- voting (ADMINISTRATION) OF THE members on the Sustainability Commission. She MUNICIPAL CODE OF THE VILLAGE noted a lot of what the Commission works on OF DEERFIELD RE: SUSTAINABILITY impacts and relates to businesses. She added that COMMISSION MEMBERSHIP— 1 R no more than one -third of the membership, or three members, could be corporate members at any one time. Sustainability Commission Chairman Matt Wylie believes having businesses represented on the Commission would be beneficial to the Village. Trustee Farkas questioned whether an individual or the corporation would be the member. Ms. Maltas noted the definition states the commission member must be a representative of a Deerfield -based business. They want to find someone that has an interest and expertise in sustainability. Trustee Struthers questioned what would happen if the representative got transferred or left the company. Mr. Coblentz noted the individual is appointed and must remain employed by the Deerfield business. Trustee Farkas believes there may be potential to gain a lot of knowledge. This will stand as the First Reading of the Ordinance. ORDINANCE RE: CONSTRUCTION Ms. Maltas reported this is part of the 60% AND DEMOLITION DEBRIS Recycling Task Force report. The Sustainability DIVERSION — 1 R Commission considered this during three meetings. The Commission analyzed the draft from SWALCO and the survey of different communities and put together a report. The major components include the requirement to divert material to a recycling facility when a new principle structure is built, when there is demolition of a principle structure or when the renovation or demolition is greater than or equal to 1500 square feet. The ordinance proposes that from March through December, 2013, at least 50% of construction debris must be diverted. As of January 1, 2014, at least 75% of construction debris must be diverted. The builder must submit the name and contact information of the recycling agent as well as confirming documents. There is an Board of Trustees Meeting January 7, 2013 Page 5 of 6 exemption for unusual situations that do not set a precedent. Ms. Maltas noted the nearest recycling center is in Northbrook. Mayor Rosenthal asked why the Village is only requiring 50% diversion the first year, especially if Northbrook and Highland Park already require 75% of construction debris to be diverted. Ch. Wylie reported that the Commission is generally cognizant of how people do business and how this may impact some businesses. Trustee Oppenheim questioned how much difference this would make to a builder and noted many builders are already used to doing this. Ms. Maltas noted Code Enforcement Officer Clint Case did not think there would be a lot of backlash. Trustee Struthers believes it would be easier to start with 75% and publicize it. Mayor Rosenthal questioned what would be an example of an exemption. Ms. Maltas noted an exemption would be if there was a hazardous material situation where the material could not be recycled. Mayor Rosenthal asked the Board if they have reservations about starting at a 75% diversion requirement to be consistent with neighboring municipalities. Trustee Oppenheim would be inclined to start with 75 %. Ch. Wylie noted if the Board's sense is to accept a higher percentage from the start, the commission would not discourage that. Trustee Oppenheim noted requiring a different percentage would be more confusing for the builders. Mayor Rosenthal asked that the Ordinance be amended to start with 75% diversion requirement. This will stand as First Reading of the Ordinance. DISCUSSION NEW YEARS Mayor Rosenthal asked Chief Sliozis to report on New Years in Deerfield. Chief Sliozis stated it was quiet in town and there are no major incidents to report. Mayor Rosenthal thanked residents for making smart choices. ELECTRIC VEHICLES Trustee Farkas noted he is working with the Sustainability Commission on putting together a forum on electric vehicles. The general plan is to hold a half -day forum in the spring. The forum would be educational in nature and would be open to the public to meet, discuss and learn about electric vehicles and the infrastructure that supports them. NEXT MEETING Mr. Street reminded residents that the next Board of Trustees meeting would take place on Tuesday, January 22, 2013 in observance of the Martin Luther King holiday. ADJOURNMENT There being no further business or discussion, Trustee Seiden made a motion to adjourn the meeting. Trustee Struthers seconded the motion. The motion passed unanimously. The meeting was adjourned at 8:22 pm. Board-of Trustees Meeting January 7, 2013 Page 6 of 6 APPROVED: Mayor ATTEST: Village Clerk 1 1