Village Board

EAST TROY VILLAGE BOARD MINUTES February 20, 2017 Page 1 of 4 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: Chief Boyes, Administrator Suhm, Attorney Gray Youth in Government Representatives Alexander Schahczinski and Alexander Marshman Citizen Participation John Jacoby, 2980 North Street pointed out the information under citizen participation on the agenda may need a correction because the board can make a motion to allow somebody to speak during the meeting after citizen participation has concluded. He stated he felt the approval of the Cream City Cycle Club event seemed like a no brainer. He also questioned the type of insurance required for Cream City versus Sidewalk Chalk festival. He stated he would like to think if he were to bring a request like this to the Village it would be something that would be considered for him as well. He suggested with prior conversations regarding moving events away from the square this event could be moved. He also commented it would be nice to see the maps in the handout for ordinances or resolutions, relating to the ordinance listed on this agenda. 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 – 2/6/2017 2. Consider approval of Special Event Application for Cream City Cycle Club, bike ride rest stop August 27, 2017 on Village Square 3. Consider Approval of Special Event – Annual Sidewalk Chalk-Art Festival, Randy Timms- Chairperson, Village Square sidewalks, May 5 & 6th, 2017, 8:00 am to 5:00 pm. Requesting waiver of all fees ($70 ($20 application fee, $50 refundable deposit) and insurance) Trustee Zess requested removing item 3 from the consent agenda. Motion by Trustee Stanford, second by Trustee Johnson to approve the consent agenda with item 3 held. Motion carried. Trustee Zess questioned if the Village should be waiving the insurance requirement for item 3, stating she believed every other organization that has held an event has been required to supply a certificate of insurance. She clarified it is not a Village event so the Village would not be providing insurance. In addition, she expressed concerns about whether or not this was setting a precedent.  EAST TROY VILLAGE BOARD MINUTES February 20, 2017 Page 2 of 4 Attorney Gray questioned if it were a school-sponsored event. President Timms stated the school would treat it like a field trip. The event is held during the week because the teachers bring the students to the square. Attorney Gray questioned if the school district would be able to provide a certificate of insurance for the students. The Board discussed overall general support of the event, but concerns discussed included: • Whether waiving fees and insurance would be setting a precedent and being fair to other event applicants • Other individuals have not been able to hold events because they did not have insurance • The students attending will be from the middle school, high school and one or two of the parochial schools on Friday • The event is also being held on Saturday. The Milwaukee Sketch club and Plein Air clubs were invited to come on Saturday. Saturday would not be covered by the district insurance, however, they can come to the square and create art at any time in a park. Questions were raised whether this created liability for the village because they were invited • Attorney Gray discussed the Hold Harmless on an event application is another layer of protection for the Village. Attorney Gray explained state statute provides immunity if the Village is not charging a fee to enter the park or event or found to be negligent • Typically the Village receives a certificate of insurance in the amount of $1 million from the entities holding an event • The potential to partner with an organization for the event that has the ability to provide insurance Motion by Trustee Stanford, second by Trustee Renucci to approve waiving the fees along with getting proof of insurance from school Board. Advisory Vote – Motion carried. Village Board – Roll Call: Trustee Johnson N Trustee Renucci Y Trustee Seager Y Trustee Stanford Y President Timms Abstain Trustee Zess N Trustee Douglass Y Ordinances & Resolutions 1. Ordinance 2017-02 – Amendment to Village’s land division regulations (chapter 495) regarding the review of land divisions in the village’s extraterritorial review jurisdiction and references to construction standards  EAST TROY VILLAGE BOARD MINUTES February 20, 2017 Page 3 of 4 a. Public Hearing Joe Klarkowski, N7701 State Road 120, stated the ordinance amendment was discussed at the prior Town of East Troy Board meeting, so he was also speaking on behalf of the Town of East Troy. He stated he is aware there is always interpretation involved with ordinance, but he had concerns regarding the draft amendment. Within the draft ordinance section 2 is titled general street design standards. He stated although the heading is general street design standards, the amendment strikes the language stating the article does not apply to land divisions within the extraterritorial jurisdiction. He expressed concern, stating the Village cannot impose street standards within the extraterritorial area. State Statute does not allow control over street standards in the extraterritorial jurisdiction. He also pointed out section 3 discusses construction and dedication of streets and roads and that would only apply to roads that would be dedicated and become village streets and this section also requires curb and gutter. In addition, he mentioned section 6 directly references curb and gutter. Mr. Klarkowski recommended prior to approving the ordinance, Attorney Gray and Attorney Mills (Town of East Troy attorney) discuss the modification. With no further comments, President Timms closed the public hearing at 6:57 p.m. b. Possible acceptance of Plan Commission’s recommendation to approve Motion by Trustee Stanford, second by Trustee Douglass to table. Motion carried. Advisory Vote – Not taken. Village Board – Motion carried. Miscellaneous Business 1. Police Traffic Grant Update – Informational (Deputy Chief Swendrowski) Deputy Chief Swendrowski informed the Board of a traffic grant the police department received and how the police department plans to utilize the funds. 2. Recommendation from Plan Commission to approve the one-lot certified survey map (CSM) for a property (Parcel No. RA314100003) off of Executive Drive and Corporate Circle; MLG Investments LLC applicant; Joe Bukovich, agent Motion by Trustee Johnson, second by Trustee Seager to approve. Motion carried. Advisory Vote – Not taken. Village Board – Motion carried. 3. Contract amendment with Strand and Associates for village square water study per Village Board discussion at 2/6/17 meeting, additional $3,500 Motion by Trustee Zess, second by Trustee Douglass to approve. Advisory Vote – Not taken. Village Board - Motion carried. 4. Approval of and discussion regarding financial planning services with Ehlers, $18,000 Motion by Trustee Johnson, second by Trustee Stanford to approve.  EAST TROY VILLAGE BOARD MINUTES February 20, 2017 Page 4 of 4 Advisory Members- Motion carried. Village Board - Motion carried. 5. Discussion of and possible direction to staff regarding Village Board agenda format The Board discussed the format of the agenda and the consensus was to keep the format the Village has been using. Trustee Johnson expressed a desire to have topics on the agenda listed so it is easier to identify which items are for discussion or action. General discussion occurred regarding listing items as discussion only, discussion and possible action or approval on future agendas. 6. Consideration of resurrecting member appointments to joint review board for Tax Incremental Financing (TIF) district, pertaining to new state legislation requiring an annual report and meeting, as well as Walworth County’s proposal to consolidate annual meetings Motion by Trustee Johnson, second by President Timms to approve the Village President and citizen member Mary Nicoson. Advisory Vote – Motion carried. Village Board – Motion carried. Motion by Trustee Johnson, second by Trustee Stanford to instruct the joint review board to coordinate with Walworth County. Advisory Vote– Motion carried. Village Board - Motion carried. Reports 1. Annual Airport Fuel Flowage Report – The Board observed fuel sales are trending down. 2. Library Board Minutes – 12/13/2016 – Trustee Johnson reported there will not be a January report, that meeting was canceled. 3. DRAFT Plan Commission Minutes – 2/13/2017 4. Municipal Court January 2017 5. January 2017 Financial Report – Administrator Suhm explained the high expense for parks was attributed to the annual payment to Booth Lake being made in January and the high expense in in ambulance and EMS are attributed to a quarterly payment made in January. Adjourn Motion by Trustee Stanford, second by Trustee Johnson to adjourn at 7:18 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator