Village of Northbrook Board of Trustees met March 10.
Here is the minutes provided by the board:
1. ROLL CALL
| Attendee Name | Title | Status | Arrived |
| Sandra Frum | Village President | Present | |
| Kathryn Ciesla | Trustee | Present | |
| Bob Israel | Trustee | Present | |
| Muriel Collison | Trustee | Late | 7:45 PM |
| Heather Ross | Trustee | Present | |
| Johannah Hebl | Trustee | Present | |
| Dan Pepoon | Trustee | Present |
3. MINUTES APPROVAL
A. Board of Trustees - Regular Meeting - Feb 25, 2020 7:30 PM
RESULT: ACCEPTED [5 TO 0]
MOVER: Dan Pepoon, Trustee
SECONDER: Kathryn Ciesla, Trustee
AYES: Frum, Ciesla, Ross, Hebl, Pepoon
ABSTAIN: Israel
AWAY: Collison
4. PUBLIC COMMENT TIME
None.
5. MANAGER'S REPORT
A. Coronavirus Update
Village Manager Nahrstadt opened the conversation. Last week a task force was created with the Village of Glenview, Village of Northbrook, schools, park district, library and two chambers. There will be a meeting held next week and a website was created to keep the public informed on any Coronavirus updates. The website will be updated weekly and will send out a weekly-consolidated message.
Fire Chief Carlson gave a follow up. The Fire Department and Police Department deal with
contagious diseases of blood borne pathogens on a regular basis; they are prepared for the Coronavirus. They have an adequate amount of supplies and are well trained. They reached out to the nursing homes and assisted living facilities; they have a plan for the Coronavirus, which consists of screening visitors, personal protective equipment, staff training, and social distancing and isolation.
Village Manager Nahrstadt stated they have increased the cleaning services for all the buildings and increased the sanitation used for disinfecting public areas. Due to the outbreak, there is a shortage of disinfecting supplies. Staff has discussed implementing policies for self- quarantine and follow the quarantine guidelines established by the Cook County Department of Health. He anticipates the next three months will be very difficult with respect to the virus.
Village Manager Nahrstadt stated a press conference was held yesterday afternoon regarding a State Declaration of Disaster. This will allow the State to work with the Federal Government for resources and equipment; the County established the same thing. The staff will be tracking time, equipment and expenses related to the Coronavirus response in case any Federal reimbursement becomes available.
President Frum stated the County must reach a certain spending level regarding the declared disaster.
In In response to an inquiry regarding who is on the task force, Village Manager Nahrstadt responded the Village of Northbrook, Village of Glenview, School District 30, District 31, District 34, District 27, District 28, both Northbrook and Glenview park districts, libraries and Chambers of Commerce.
President Frum noted she went online to find information on how to protect yourself from the Coronavirus. When washing your hands do the ABCs and wash for 20 seconds. If you were in a public space where people were coughing and sneezing, use sanitizer. Choose a sanitizer that contains at least 60% alcohol. Avoid touching your eyes, nose or mouth, with unwashed hands. Avoid close contact with people and keep a distance of three to six feet. If you are sick stay home; cover your coughs or sneezes; wear a facemask. Clean and disinfect frequently touched surfaces, such as your keyboard. You can view this information online at www.glennviewnorthbrookcoronavirus.info
When asked if Northbrook has any confirmed cases, President Frum responded they have no confirmed cases at this time.
Affordable Housing Update:
Tom Poupard, Director of Development & Planning services noted the Plan Commission held two workshops on Affordable Housing. The next Plan Commission meeting on April 7, 2020, they will be presenting a draft ordinance. Once the Plan Commission reviews the draft ordinance, it will be presented to the Board of Trustees, then back to Public Hearing. Anticipates a joint meeting will be scheduled, with the Plan Commission and the Board of Trustees, to discuss the draft ordinance.
6. WARRANT LIST
A. Review and Approval of Payments to be Made
Trustee Ciesla Moved for the approval of class A & B Warrants dated February 16, 2020 - February
19, 2020 in the amount of $1,560,444.53.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee
SECONDER: Dan Pepoon, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
B. Review of Frontage Deposit List Dated February 28, 2020
Trustee Ciesla Moved for the approval of Frontage Deposit refunds totaling $9,000.00 dated February 28, 2020.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee
SECONDER: Dan Pepoon, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
7. PRESIDENT'S REPORT
A. PROCLAMATION:
A Proclamation Proclaiming March 8-14, 2020 as AmeriCorps Week
B. PROCLAMATION:
A Proclamation Designating April 12-18 as Public Safety Telecommunicators' Week
President Frum noted this is to recognize public dispatchers.
C. PROCLAMATION:
A Proclamation Proclaiming April as Fair Housing Month
D. PROCLAMATION:
A Proclamation Proclaiming April 5, 2020 as Education & Sharing Day
E. Commission Appointment
Appointment of Sally Kroha to the Youth Commission.
GO GREEN MOMENT
President Frum asked for the Board Members consent to send a letter on behalf of the Board of Trustees, to support Go Green's initiative to plant 100 trees within the community. It is important to show support and this will encourage participation in the community. It is the 58th Anniversary for Northbrook and they are recognized annually as a tree friendly City. All Members of the Board are in favor of supporting this initiative.
Marilyn Fish, board member at Go Green Northbrook, discussed how Spring break vacationers increase pollution of the oceans, due to sunscreen use. There are two types of sunscreen, chemical and mineral. The FDA has raised concerns over the dangers of chemical sunscreen absorbed by the skin. Two of the chemicals found in chemical sunscreen: Oxybenzone and Octinxate, cause deformities, leeching, DNA damage and death to coral reefs. Coral reefs provide protection and shelter to many ocean species. They also act as a filtration system for water and control carbon dioxide. Hawaii and Key West, Florida have banned sunscreen's that contain the two mentioned chemicals and requests the public use mineral sunscreens. Mineral sunscreens are a safer alternative for people and the environment. Another issue is the use of aerosol sunscreen, which leave residues on the sand and washes into the ocean. Protect yourself and the environment, by choosing a mineral sunscreen that is not an aerosol.
RESULT: APPROVED [UNANIMOUS]
MOVER: Kathryn Ciesla, Trustee
SECONDER: Muriel Collison, Trustee
AYES: Frum, Ciesla, Israel, Collison, Ross, Hebl, Pepoon
8. GO GREEN MOMENT
President Frum asked for the Board Members consent to send a letter on behalf of the Board of Trustees, to support Go Green's initiative to plant 100 trees within the community. It is important to show support and this will encourage participation in the community. It is the 58th Anniversary for Northbrook and they are recognized annually as a tree friendly City. All Members of the Board are in favor of supporting this initiative.
Marilyn Fish, board member at Go Green Northbrook, discussed how Spring break vacationers increase pollution of the oceans, due to sunscreen use. There are two types of sunscreen, chemical and mineral. The FDA has raised concerns over the dangers of chemical sunscreen absorbed by the skin. Two of the chemicals found in chemical sunscreen: Oxybenzone and Octinxate, cause deformities, leeching, DNA damage and death to coral reefs. Coral reefs provide protection and shelter to many ocean species. They also act as a filtration system for water and control carbon dioxide. Hawaii and Key West, Florida have banned sunscreen's that contain the two mentioned chemicals and requests the public use mineral sunscreens. Mineral sunscreens are a safer alternative for people and the environment. Another issue is the use of aerosol sunscreen, which leave residues on the sand and washes into the ocean. If an individual breathes in aerosol sunscreen, it coats the lungs. Protect yourself and the environment, by choosing a mineral sunscreen, that is not an aerosol.
9. CONSENT AGENDA
RESULT: ADOPTED [6 TO 0]
MOVER: Bob Israel, Trustee
SECONDER: Heather Ross, Trustee
AYES: Ciesla, Israel, Collison, Ross, Hebl, Pepoon
ABSTAIN: Frum
A. RESOLUTION NO. 2020-26
A Resolution Approving the Purchase of Virtual Server Software Annual Maintenance from Zones, LLC
B. RESOLUTION NO. 2020-27
A Resolution Authorizing an Agreement for the Replacement of Low Lift Pump #9 with the Layne Christensen Company of Aurora, Illinois
C. RESOLUTION NO. 2020-28
A Resolution Authorizing the Renewal of an Agreement for Parkway Tree and Stump Removal Services with Advanced Tree Care of Lincolnshire, Illinois
D. RESOLUTION NO. 2020-29
A Resolution Authorizing Renewal of Agreements for Landscape Maintenance Services with BrightView Landscape, LLC of Chicago, Illinois and Right-of-Way Mowing Services with Moore Landscapes. LLC of Northbrook, Illinois.
E. RESOLUTION NO. 2020-30
A Resolution Authorizing the Renewal of an Agreement for Overhead Door Maintenance Services with the Ralph Bradley Corporation d/b/a Raynor Door Company of Northfield, Illinois
F. RESOLUTION NO. 2020-31
A Resolution Approving the Purchase of an ExaGrid Backup Storage System from CDW-G
G. RESOLUTION NO. 2020-32
A Resolution Approving the Purchase of a Tintri Storage System from Storage-IT Solutions, Ltd.
H. RESOLUTION NO. 2020-33
A Resolution Approving the Purchase of Panasonic Laptops From CDS Office Technologies Inc.
I. RESOLUTION NO. 2020-34
A Resolution Authorizing the Purchase of the NICE Inform E911 Data Recorder from Motorola
Solutions of Schaumburg, IL
J. ORDINANCE NO. 2020-11
An Ordinance Granting Approval for a Special Permit for a Music School in Excess of 2,500 Square Feet (3139 Dundee Road – School of Rock) (Plan Commission Docket No. PCD-20-01)
K. ORDINANCE NO. 2020-12
An Ordinance Granting a Special Permit to Allow a Wall Sign in Excess of the O-1 Campus Office District Height Limit of 20 Feet (333 Pfingsten Road – Underwriter Laboratories) (Docket No. PCD20-05)
L. ORDINANCE NO. 2020-13
An Ordinance Amending the Northbrook Municipal Code (1988), As Amended, Regarding the ReAdoption of Building and Construction Regulations
M. ORDINANCE NO. 2020-14
An Ordinance Voluntarily Annexing Certain Territory Contiguous to the Village of Northbrook and
Establishing Zoning Thereof (3722 Maple Ave)
N. ORDINANCE NO. 2020-15
An Ordinance Amending Chapter 8 Civil Emergencies, Emergency Services & Disaster Relief of the Municipal Code
O. ORDINANCE NO. 2020-16
An Ordinance Abating a Portion of the 2019 Property Tax Levy for Debt Service
COMMITTEE REPORTS
10. FINANCE
A. RESOLUTION NO. 2020-35
A Resolution Supporting and Consenting to Approval of Class 6b Classification and Approving a Class 6b Incentive Agreement (555 Huehl – IBYS Partners, LLC)
Tom Poupard, Director of Development & Planning Services noted the Board initially reviewed the request for a 6b incentive last month. The ICDC and School District 225 recommended approval of the Class 6b Incentive Agreement. Opposed to approval was School District 27 and Northbrook Public Library. The Northbrook Park District has not considered it. The ICDC felt the building was unusually shaped and given the size, it might be difficult to fill.
Trustee Ross asked where the $800,000.00 for improvements, in the materials section, came from. She further questioned what the true costs of improvements are. Zach Kafitz, who is representing the applicant, stated the applicant must enter into an agreement with the Village. In the agreement it states they plan on spending a minimum of $700,000.00 and will provide written evidence to show it has been completed. A review of the property was performed and a list of needed improvements was documented.
A question was asked if investing $700,000.00 will increase the value of the building or is it focused on the intended specific use. Mr. Kafitz stated it is for both purposes. The property is in need of the listed improvements, such as electrical, lighting, plumbing and roofing. Any applicant that comes in contact with this property will need to make the needed improvements.
Trustee Ciesla stated she believes the Board does not have the authority to approve the incentive since the building has been vacant for less than two years. This request does not meet the requirements and is not willing to grant an exception. They have had two possible tenants in the last 18 months and the property seems fairly marketable. If the Board would have said yes to Joy of the Game, they would be operating without the need for a 6b incentive. Her vote is no to this request.
Trustee Israel stated he values the fact of bringing light industry to the Village. The applicant might not meet the criteria of being vacant for 24 months; however, there are guidelines that will allow the Board to extend an enforcement to this use, to qualify for 6b. He is in favor.
Trustee Collison stated she was on the fence, when this was first presented. Previously, she had requested to hear back from others. Since School District 27 and Northbrook Public Library are opposed, her vote is no.
Trustee Ross stated Northbrook has granted seven of these requests that were not
within district guidelines, in the past. Based on the ICDC recommendation, 170 employment opportunities, employee benefits, sustainable service and certification, she is in favor.
Trustee Hebl stated she agrees with Trustee Ciesla, because it does not meet the criteria. She is unsure, if sustainability will be looked at as a criteria, in the future.
Trustee Pepoon stated because the property has been actively marketed for more than 2 years, even if it is has not been vacant. We might not be able to get it re-leased. Since the taxes have increased and due to the vacancy, he is in favor.
Attorney Elrod stated the Board is not granting or denying the 6b request, they are the recommending body. Cook County is responsible for administrating the program, they can choose to deny or grant the request. Cook County looks to the municipality for endorsement. If you fail to present a resolution, Cook County will deny it. What is being presented to the Board today is a resolution, providing your endorsement to Cook County. Ultimately, the Cook County Assessor makes the final decision.
President Frum stated her son is on the School District Board, which voted against the request. She expressed this is a good development. Her main concern is for School District 27, which is heavily impacted by the request. School District 27 has requested the Board not approve the request; she agrees and is not in favor.
Trustee Ciesla stated if the applicant came back in six months and meets the criteria for two years of vacancy, she would vote in favor of this request. Mr. Kafitz responded it does meet the requirements under the 6b. One of the issues mentioned was the building’s large size. Although it has been vacant for over one year, it has been on the market since 2017. The two other applicants that were mentioned trying to buy this building, one of them did request a 6b incentive. The applicant will be making a $3,250,000.00 purchase, with a $800,000.00 investment; there are not many companies that can do this. The applicant will bring 140+ job opportunities to the community. This is sustainable, brings a large number of quality jobs to the community and has many other benefits.
RESULT: ADOPTED [4 TO 2]
MOVER: Bob Israel, Trustee
SECONDER: Dan Pepoon, Trustee
AYES: Israel, Collison, Ross, Pepoon
NAYS: Ciesla, Hebl
ABSTAIN: Frum
11. PUBLIC WORKS
12. PLANNING/ZONING
A. PRELIMINARY REVIEW - ZONING & DEVELOPMENT
APPLICATIONS
1. Preliminary Review of a Request to Amend the Zoning Code to allow Inpatient Psychiatric Patient Convalescent Care for ERC/Insight located at 4201 Lake Cook Road
Deputy Director of Development and Planning Services Michaela Kohlstedt stated in 2018, the Board of Trustees approved a series of documents that amended the zoning code, included a rezoning of the subject property and granting various relief, such as amending a restricted covenant and approval of a special permit to allow an inpatient eating recovery facility. The subject property is zoned O2. The property is governed by the zoning code and a restricted covenant that remains in place. The facility opened in 2019; following the 22 weeks of operation, there have been 18 transports by the Fire Department. The majority of the patients transported appeared to not have eating disorders. On February 6, 2020, Village staff members with the Development & Planning Services Department and Fire Department conducted a tour of the facility, where they determined the applicant was operating a secondary use on the subject property. The secondary use was for patients with Psychiatric needs, which had nothing to do with eating disorders. Staff issued a violation letter to the applicant. The applicant responded to the violation letter with a preliminary review application, requesting to amend the Zoning Code and previously approved documents to allow Inpatient Psychiatric Patient Convalescent Care. This would require also amending the restricted covenant.
The applicant stated that treatments for eating recovery diagnosis are similar to treatments for mood and anxiety disorders. In 2018, the applicant presented that patients of the facility would have eating disorders, with mood and anxiety disorders. However, there are patients at the facility that do not have eating disorders. The Fire Department reported they were receiving several service calls and the applicant stated there are things they can do to improve the operations at their facility.
On February 10, 2020, the applicant contracted with two different private ambulance companies; since they made the change the Fire Department has not received any calls for transport.
The Applicant is requesting the ability to remain in full operation while going through the application process. A facility named Sun Cloud is interested in a location at 1535 Lake Cook Road. At the preliminary review they presented a similar need for an eating recovery facility. That applicant has stated that they will also treat substance abuse patients and mood & anxiety disorders.
President Frum asked if the board had previously talked about ambulance contracts and fees for calls. Ms. Kohlstedt responded no. Trustee Ciesla noted President Frum did suggest the Police Department and the Fire Department review the applications.
Village Attorney Elrod stated the Board has more leeway if they want to impose contractual conditions.
Trustee Ciesla asked if the facility is continuing to operate illegally. Ms. Kohlstedt responded yes. Trustee Ciesla stated that is disappointing.
Trustee Ciesla asked if the entire facility serves ages 18-years and under. Ms. Kohlstedt responded yes.
Trustee Collison asked Fire Chief Carlson where they are transporting the 18 patient calls and what types of calls they receive. Fire Chief Carlson responded they transport to the hospital mostly for suicidal thoughts, suicidal ideation and anxiety.
Trustee Ciesla stated there was another company that wanted to come into this site. Their policy was to have Police Officers lock their guns at the front desk and proceed into the building, for example, to break up fights. She asked what the Police Department encountered, when going into facilities. Deputy Chief Strickland responded that with suicidal ideations they complete the involuntary admissions paperwork at the hospital. They have never had any issues locking guns up with this facility.
Trustee Ciesla asked how many squad cars are going out to the facilities. Deputy Chief Strickland responded at minimum two or three squad cars.
Trustee Collison asked if the Police go out for about as many calls as the Fire Department. Deputy Chief Strickland responded most are nighttime calls are they go about the same as fire. President Frum asked since they changed the policy, have they been going to the facility. Trustee Collison questioned the Police Department, asking if they went with a private ambulance. Deputy Chief Strickland responded they do not go with private ambulances.
Trustee Israel stated the prior request use was above age 18-years old and that is why they had the policy for special weapons handling. He asked if any of the patients displayed behavior that might be threatening to others. Dr. Ann Marie O’Melia responded no.
Trustee Ross asked how many patients do not have an eating disorder. Dr. Ann Marie O’Melia responded they have 1/3 mood and anxiety; 2/3 eating disorder.
Trustee Ross asked if the non-eating disorder patients stay is 30 days. Dr. Ann Marie O’Melia responded their stay is typically shorter and she explained.
Trustee Ross asked if the Board decided it was not an appropriate use, where would those children go. Dr. Ann Marie O’Melia responded they do not have a plan. They have not admitted any more children or moved any children. Trustee Ross asked if they know of any other facilities or resources for the children. Dr. Ann Marie O’Melia responded there are group homes for children. Dr. Mc Clanhan stated there is a house in Glenview for adolescents with eating disorders, with only six beds.
President Frum asked if their other facilities perform Psychiatric treatment in Illinois. Dr. Ann Marie O’Melia responded they do not have any other adolescent facilities.
Trustee Hebl asked where the patients’ residency is from. Dr. Ann Marie O’Melia responded they are 50% local to the Chicago area. Dr. Ann Marie O’Melia noted with the Affordable Care Act they can now offer residential treatment.
Trustee Hebl asked from where are they drawing their patients. In response, Dr. O’Melia stated 50% from Chicagoland area and 50% nationally. Trustee Hebl then questioned if they separate the patients from their environment during treatment, such as patients going to different states. Dr. Ann Marie O’Melia responded the patient’s family is very involved in the process. They do on site family groups to educate the patient and the family members.
Trustee Hebl asked the Police Department what their standard procedure is for going out on a call at this site, if they have their sirens on. Fire Chief Carlson responded they assume the call is an emergency and it can be changed. Deputy Chief Strickland responded if they are able to assess the situation, they will communicate to the Fire Department to come in quiet, to not heighten the situation. The standard practice is to follow the code.
Trustee Collison expressed her disappointment. She addressed how the applicant is draining the Police and Fire resources. After she reviewed an application submitted on January 23, 2018, there was no mention of your partnership with mental health services. The applicant previously stated the facility will not have high activity of psych patients with suicidal or active tendencies. The applicant’s classification of calls conflict with what the Police and Fire Department reported. She further discussed why they have certain policies in place for applicants applying for licenses. I do not like what was done her, and does not want to set a precedent. The currently enrolled patients should be allowed to stay until they finish treatment. She stated she is a strong no. Another applicant named Sun Cloud, applied appropriately for this need in the community.
Trustee Ciesla discussed what the applicant previously submitted to the Board and she agrees with Trustee Collison. She is very concerned regarding the Police and Fire resources; having a private service could alleviate the burden. She will consider the private service use after 12 months, when they finish treating the last psych patient.
Trustee Israel expressed how there is a need in the community for mental health services. He agrees with Trustee Ciesla; 12 month wait period.
Trustee Ross expressed her support for having more mental health facilities for children in the community. After reviewing the past testimony, she noticed the applicant stated they will only be treating eating disorders. She agrees with Trustee Collison and Trustee Ciesla recommendations moving forward.
Trustee Hebl stated the residents in the community should have been able to voice their concerns in the past. Future projects that are presented to the Board, will be thoroughly evaluated. She believes the applicant should be penalized for providing false information to the Board.
Trustee Pepoon stated the applicant duped the Board. He stated he did not want to penalize the children. He does not agree with the 12 months wait period to apply, they should reapply now.
President Frum agrees with the Trustees. The applicant did not abide by covenants in the agreement. She believes it is beneficial to the community to have this facility. Since there is a covenant on the property, the Board can request that the applicant not be dependent on the Fire Department for services.
Attorney Elrod discussed the Board has several options. The Board must first determine if they want to amend the covenant. The applicant does not have the right to go to the Plan Commission to seek a zoning change, until the Board makes a decision. If a majority is willing to allow the covenant to be amended, you can give the applicant the ability to go through the process. We cannot just allow it. It is not allowed under our zoning code or the restrictive covenant. Due to the violation, the Board can issue a citation, because there is a violation, then a court-imposed settlement agreement. Trustee Ciesla stated she agrees with the settlement agreement.
Trustee Ciesla noted many great children facilities in the community such as Compass, Northshore and Youth Services. She would like the Board to consider imposing a reasonable penalty. President Frum asked the Board three questions; if they are willing to enter into a
settlement agreement to allow the current patients to finish treatment; the Board agreed; is the board willing to consider lifting the covenant now or with a certain time period.
Trustee Ciesla stated yes to lifting the covenant, but not at this moment. Trustee Collison agrees with Trustee Ciesla.
Trustee Israel stated yes to lifting the covenant and time period 1 year. Within a year, they will be able to see what the burden will be on the services.
Trustee Ross asked if it was lifted to allow new children to seek services, could the operator pay a penalty fine. Trustee Ciesla stated the money received can be used to help with mental health services.
Trustee Ross asked is there a way to continue the service and provide a penalty.
Trustee Collison requested this item be tabled.
Trustee Collison made a motion to continue discussion next meeting; the motion failed. Trustee Ciesla stated she will consider amending the covenant if a fine is imposed.
Trustee Israel stated he agrees with Trustee Ciesla.
Trustee Hebl stated she agrees with Trustee Ciesla.
Trustee Pepoon stated Trustee Ross had an excellent suggestion. The contract services being provided must be part of this settlement. Service for ambulance must be part of the settlement. President Frum requested that staff, Attorney Elrod and petitioner present a plan, at the next meeting April 14, 2020, for the Board to vote on. In the meantime, the applicant must have no new psych patients and can continue use of the contract ambulance services.
Attorney Elrod requested authority from the Board to file a citation.
Trustee Collison made a motion to allow the filing of a citation; second Trustee Ciesla; all in favor.
13. COMMUNITY
14. PUBLIC SAFETY
15. LEGISLATION AND COMMUNICATION
16. REMARKS FOR THE GOOD OF THE ORDER
17. CLOSED SESSION
18. ADJOURN
Trustee Ciesla moved, seconded by Trustee Collison to adjourn the meeting at 9:07pm. On voice vote, all were in favor.
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