Village Board

EAST TROY VILLAGE BOARD MINUTES November 7, 2016 Page 1 of 3 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 and Ann Zess Excused: Trustee Dusty Stanford Absent Trustee Fortune Renucci Others: Chief Boyes, DPW Director Equitz, Administrator Suhm, Attorney Gray Citizen Participation John Jacoby, 2980 North Street, thanked the Board for giving him his three minutes. Prior to the change in Citizen Participation he would have been asked for comments during the meeting. He thinks the way the citizen participation is worded on the agenda is incorrect in regards to the Board not being able to respond. He believes they can respond, it is just advised that they do not respond. He also mentioned that he does not like the way the logo on the water tower turned out good and feels it is difficult to read from the freeway and he does not agree with the direction “Village of East Troy” is facing. He stated that trick-or-treating turned out well and he felt the Art Walk went well. He praised Vanessa from the Chamber for organizing events such as the Art Walk. Vanessa Lenz, representing the Chamber of Commerce, upstairs 2894 Main Street, spoke regarding the Special Event of Santa on the Square which is on the agenda tonight. It is a legacy event and this year they are requesting the ability to take photos outside from the bandstand depending on the weather and also going to be doing a s’more station and cookie decorating outside. 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. Approval Minutes – 10/17/2016, 10/24/2016 2. Operator’s Licenses – Benigno Dominguez 3. Consider Approval of Special Events – Application for Chamber of Commerce Santa on the Square, Dec. 3, 5 - 8 pm Motion by Trustee Johnson, second by Trustee Seager to approve. Motion carried. 2017 Budget Presentation Public Hearing on 2017 Budget President Timms opened the public hearing at 7:55 p.m. No comments were made and the public hearing was closed.  EAST TROY VILLAGE BOARD MINUTES November 7, 2016 Page 2 of 3 Miscellaneous Business 1. Ordinance 2016-14 – 2017 Budget/Levy Motion by Trustee Johnson, second by Trustee Seager to approve Ordinance 2016-14. Motion carried. 2. Set the garbage and recycling special charge for 2017 tax roll Motion by Trustee Seager, second by Trustee Zess to approve the garbage and recycling special charge for the 2017 tax roll. Motion carried. 3. Direction regarding policy for citizen participation Attorney Gray is seeking direction for this policy. If a topic is going to be a public hearing it should be posted that way so that all members of the community understand the topic to be discussed and have the opportunity to be heard. She understands the frustration of not having people be allowed to comment. President Timms discussed that if an item is an agenda item, the applicant and/or their spokesperson(s) may come up and speak. Attorney Gray made the point that the general public is not allowed to come up and speak unless it is noticed that way on the agenda. Trustee Johnson questioned definitions of a public hearing and the notice requirements of public hearings. He also asked about the committee of the whole (COW) meetings as there is no action taken at a COW, so how does that affect the conversation. Attorney Gray responded that the same rules would apply and that an invited representative of a topic would be allowed to speak but that would not allow any public comment unless the agenda specifically identified that it will be allowed. Trustee Seager feels that dialog is necessary at a COW meeting. Attorney Grey restated that open discussion is the purpose of a COW but it is needed to notice that there will be public comment allowed at that time. Trustee Seager asked if at a COW could the time limits be changed and not be limited to three minutes. Attorney Gray confirmed that the State and the District Attorney’s office may find this not acceptable as a violation of the open meeting laws and impose fines - Trustees could be individually fined and the Village’s liability insurance would not cover this. If members of the general audience will be allowed to comment it must be noticed. Trustee Zess felt that this point is critical to be able to hear from those with information on a topic and clarified that spokespersons of an agenda topic are allowed to speak but that if general audience comments are to be allowed it must be noticed. Discussed there is no time limit for presentations pertaining to agenda items. Trustee Johnson questioned if something has changed with the State or County that this has become an issue now. Attorney Gray stated other communities have been conducting meetings as the Village had previously but it is becoming more noticeable and many are making changes to comply. Trustee Johnson asked, and Attorney Gray, agreed that the DOJ and laws around this topic are vague and not well defined. Attorney Gray explained that up until about 10 years ago it was common for citizen participation to be a back and forth exchange and then there was an Attorney General’s opinion issued that required the limits on citizen’s participation. Trustee Johnson questioned contacting the Attorney General’s office for clarification on this point. Trustee Seager expressed concerned about identifying the number of people allowed to speak on an agenda item and Trustee Johnson expressed concerned how prescriptive we are in the ordinance regarding time limits. Attorney Gray will draft the policy and bring it back to the Board. 4. Police Squad Computer Replacements (Chief Boyes)  EAST TROY VILLAGE BOARD MINUTES November 7, 2016 Page 3 of 3 The Police Department confiscated funds in a drug seizure and received a little over $16,000 and just over $13,000 went to the school district. The Police Department would like to utilize the Village portion of these funds to upgrade the squad computers. The project equates to just over $15,000 for new mounting brackets, printers and computers. This use should be an allowable expense because they will be used for drug enforcement. The old computers might be worth about $100 and they could be wiped and possibly used elsewhere such as in the Public Works Department. One will likely be used to replace the computer in the booking area and one for a backup. Funds where in the 2017 budget for upgrading these computers so those funds may be reallocated. Motion by Trustee Douglass, second by Trustee Zess to approve the computer replacement utilizing drug seizure funds. Motion carried. 5. Discuss need for November 21, 2016, Village Board meeting The meeting for November 21 is cancelled. There may be a meeting on November 28 if needed. Reports 1. Emergency Services Minutes – 9/20/2016 2. Park and Recreation Minutes – 10/25/2016 3. Village President’s Report – October 2016 Adjourn Motion by Trustee Johnson, second by Trustee Seager to adjourn at 7:20 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator