Village Board

EAST TROY VILLAGE BOARD MINUTES April 25, 2016 Page 1 of 5 Call Meeting to Order; Pledge of Allegiance Administrator Suhm verified the meeting was posted according to law. Roll Call: President Timms called the meeting to order at 6:30 p.m. Present: President Timms, Trustees Fred Douglass, Matt Johnson, Forty Renucci, Scott Seager, Dusty Stanford and Ann Zess Excused: Others: Deputy Chief Swendorwski, DPW Miller, Administrator Suhm, Attorney Gray Citizen Participation Tom Senft, 2141 Church Street, spoke regarding item 1 under miscellaneous business. He stated his understanding was that the property would possibly be used as an archery range. He urged the Board to move forward with the property and not delay the project again. Douglass Ide, 2933 Elm Street, stated the last time he attended a Board meeting he thought the archery range was a done deal and expressed frustration it was not moving forward. He encouraged the Board to finalize the project. He also expressed concerns the Village is listening to a neighbor complaining about Contract Comestibles’ operations and he feels it is holding up their construction project, which interferes with an arrangement he has made to utilize the Contract Comestibles property to access his driveway for parking his boats. President Timms welcomed Trustee Matt Johnson to the Board. Consent Agenda (One motion and second will approve all of the following items. Any item may be pulled from the list and voted on separately.) 1. Consider approval of Special Event Permit to Friends of East Troy Airport for Airport Open House, Sunday, August 14, 6 am to 6 pm, for Fly-In and Pancake Breakfast (contingent upon receiving Certificate of Insurance prior to event) 2. Committee Appointments: Linda Kaplan Plan Commission 4/30/2019 Sam Taber Airport Advisory 4/30/2018 Don Voland Airport Advisory 4/30/2018 Anna Mack Booth Lake Memorial Park 4/30/2017 John Alexander Law Enforcement Hearings 4/30/2020 Linda Kaplan Law Enforcement Hearings 4/30/2020 Joyce Ketchpaw Reed Law Enforcement 4/30/2020 Allan McCoy Library Board 4/30/2019 Mary Anne Rivers Library Board 4/30/2018 Geraldine Mayotte Park & Recreation 4/30/2018 Annie Belka-Van Buren Park & Recreation Board 4/30/2018 Steve Rostkowski Park & Recreation Board 4/30/2019 Bernie Rivers Zoning Board of Appeals 4/30/2019  EAST TROY VILLAGE BOARD MINUTES April 25, 2016 Page 2 of 5 Jim Holm Zoning Board of Appeals 4/30/2019 John Grudnowski Board of Review 4/30/2017 Linda Kaplan Board of Review 4/30/2017 Mike Miller Weed Commissioner 4/30/2017 Ann Zess Booth Lake Memorial Park 4/30/2017 Fortune Renucci Library Board 4/30/2017 Fredrick Douglass Emergency Services 4/30/2017 Dustan Stanford Park & Recreation Board 4/30/2017 Scott Seager Plan Commission 4/30/2017 Matt Johnson Airport Advisory 4/30/2017 President Timms requested that item number 2 be removed from the consent agenda. Motion by Trustee Stanford, second by Trustee Seager to approve the remaining item on the consent agenda. Motion carried. President Timms explained he removed item number 2 because he wanted to make some modifications. He recommended renewing Trustee Zess’ appointment on the airport advisory committee, renewing Trustee Renucci’s appointment to Booth Lake and appointing Trustee Johnson to the Library Board. Motion by President Timms, second by Trustee Stanford to approve the appointments as modified. Motion carried. Miscellaneous Business 1. Discussion/Consideration related to obtaining ownership of property located between 2535 and 2080 Energy Drive (RA137200002), with presentation by a DNR representative. Michael Prager from the DNR spoke regarding the village taking ownership of the land and addressed liability concerns related to contamination. Mr. Prager explained he works in the remediation and redevelopment program which focuses on cleanup of contaminated properties. He explained when the owners of the property claimed bankruptcy the state became involved. A trust was created for ownership and remediation of the properties. The trust acquired several properties, however, the one under consideration is not part of the remediation trust. He explained it was determined there was no reason to place it in the trust because the property was not directly contaminated. There was only migration from the adjacent property. This particular property is still owned by Crucible Materials which no longer exists. He explained there has been a motion to abandon it and donate it to the DNR, but the DNR does not wish to take ownership of the property. He stated if the Village wishes to proceed it could request that the DNR accept the donation and assign the property to the Village. Other than potential closing costs, there would be no cost for the land to the Village.  EAST TROY VILLAGE BOARD MINUTES April 25, 2016 Page 3 of 5 Mr. Prager also explained there are state statutes that would protect the Village. In particular, he mentioned an offsite exemption because the contamination on this parcel was groundwater migration from the property located at 2056 Young Street. They needed to address that contamination on the property in consideration, but that remediation has been complete and closed by the DNR. The only requirement would be that the Village as an owner of the property would provide access if there are any future remediation efforts necessary. The Village will not be held liable for any contamination. Trustee Renucci questioned if the DNR would put something in writing stating the Village will not be liable for any contamination. Mr. Prager explained the DNR has closed the remediation that involved the property in question and wrote a closure letter that details any residual contamination. He did explain if there were ever to be a building on the property they would need to evaluate if vapors would come into the building. He also explained he letter regarding liability is not necessarily required due to state statute protections, but stated the DNR could honor such a request if that was still desired. Motion by Trustee Stanford, second by Trustee Douglass to approve requesting the DNR to move forward with the property and authorize the Village to spend $700 to receive remediation letter. President Timms explained the Board already approved the letter at a prior meeting, but this discussion was to determine if the Board was comfortable moving forward without the letter. Trustee Johnson questioned the typical turnaround time for the DNR to issue the requested letter. Mr. Prager stated the goal is to get them done in 60 days. If there is a reason the Village would need it sooner he can see if it can be expedited. Vote on the motion carried. Motion by Trustee Stanford, second by President Timms to have DNR move forward with transferring ownership of the property to the Village. Motion carried. 2. Consideration of allowing split ownership of two hangars at the East Troy Airport (from 4/18/2016). Trustee Zess stated she spoke with the owner of the hanger and Attorney Gray and she would like to try to accommodate the hangar owners. President Timms suggested after discussing the requrest with DPW Miller and Walter Watkins, Airport Manager, one of the owners should purchase the entire hanger and rent the other side to the second party. Attorney Gray stated it is a liability issue. At this time if the Village needs to go after a party related to the hangar it is joint. Once it is split it will be whoever’s side of the building is affected. She stated it is a policy decision the Board will need to make. Concerns were expressed if the parties have a disagreement the Village may end up in the middle of the disagreement. Motion by President Timms, second Trustee Stanford to table the issue, notify the five owners of the Village’s concerns and give them an opportunity to explain their rational. Motion carried. 3. Consideration of sewer main relining projects: a. Mill Street at a cost of $24,860 to be taken from 2016 budgeted funds.  EAST TROY VILLAGE BOARD MINUTES April 25, 2016 Page 4 of 5 b. Additional areas to include Center Street, Church Street and School street, encompassing an area of the square, up to $37,000 to be taken from 2016 budgeted funds and 2015 carryover in the sewer utility. Asking at a minimum the Village reline Mill Street. Motion by Trustee Douglass, second by Trustee Stanford to approve. Motion carried. Administrator Suhm clarified the intent was to approve both items, a. and b., which was confirmed. 4. Consideration of request to amend the Connect Communities special event application approved 4/18/2016 to add a car show. Motion by President Timms, second by Trustee Stanford to allow Vanessa Lenz, Executive Director of the Chamber of Commerce, to speak. Motion carried. Ms. Lenz explained she has been working with somebody who has experience with car shows. She stated the proposed car show will utilize the twenty interior parking spaces around the square. The hours of the car show will be Saturday, May 14, 2016, 2:00 – 5:00 and it will be held in conjunction with the Connect Communities open house. Board members expressed concern related to traffic flow and pedestrian crossing during the car show. Deputy Chief Swendrowski stated there are already a lot of different events on the square with people crossing the streets during the event. He did not see an issue with letting them try the event. He did state he planned to have no parking signs posted by 6:00 a.m. so there are not issues with vehicles parked in spots that will need to be moved at the time the event is set to begin. Motion by Trustee Stanford, second by Trustee Johnson to approve the amendment to the Connect Communities special event application to include the car show. Motion carried. Reports 1. Village President’s Report – March 2016 Trustee Johnson inquired if President Timms had anything to report regarding the proposed renovations to the village square. President Timms reported nothing has transpired since the last meeting. He explained he has received feedback from people who are in favor of the project and people who are not in favor of the project. He stated the next step would be to come up with more ideas and return to the Village Board with a concept and potential costs. Motion by Trustee Renucci, second by Trustee Stanford adjourn to Committee of the Whole. Motion carried. Adjourn to Committee of the Whole Legal update and discussion related to legislative changes affecting room tax distribution, reporting requirements and establishing a commission or designating a tourism entity  EAST TROY VILLAGE BOARD MINUTES April 25, 2016 Page 5 of 5 Administrator Suhm began the discussion by explaining the memo issued to the Board and future decisions the Board will need to make related to creating a commission or designating a tourism entity and the distribution of the room tax received. Vanessa Lenz, Executive Director of the Chamber of Commerce, presented a slideshow to the Village Board highlighting improvements in services and marketing the Chamber has made over the past year. She explained there are two arms to their entity which include the chamber business functions and tourism. They believe the Chamber of Commerce would meet the statutory definition of a tourism entity. She explained their governing board will include Josh Patel of Quality Inn, and an individual from the East Troy Electric Railroad. It already includes a Village Board member. At the conclusion of the presentation Ben Keating, Chamber of Commerce President, presented a new site they plan to launch, visiteasttroy.com. The Board had some questions related to whether or not the chamber will qualify for spending 51% or more of their revenue on tourism. There was further discussion regarding including staff time in this expense and how to prorate the staff time. The Board wanted to assurance any marketing for tourism would include all businesses within the Village, not only chamber members. Representatives from the Chamber assured the Board this was their plan. Ryan Jonas, East Troy Electric Railroad, stated they understand the statutory requirements and wanted the Board to be aware they have 20,000 customers annually. The room tax has been an important source of revenue for them. The Board requested the chamber include the railroad in marketing efforts due to the loss of revenue they will experience when the changes take effect. Vanessa Lenz and Administrator Suhm will work to clarify questions regarding how to proceed. The three questions the Board requested clarification on were:  Can the Village switch to a commission or different tourism entity if at some point the tourism entity designated is no longer working out?  Would the Chamber be required to do some sort of time tracking for staff expense related to tourism promotion?  How does the Chamber need to demonstrate they meet the 51% of expenditures test? Adjourn Motion by President Timms, second by Trustee Stanford to adjourn. Motion carried at 8:08 p.m. Respectfully Submitted, Eileen Suhm Administrator