Village Board

EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 1 of 8 Call Meeting to Order; Pledge of Allegiance Administrator Suhm verified the meeting was posted according to law. Roll Call: President Seager called the meeting to order at 6:30 p.m. Present: President Scott Seager, Trustees John Alexander, Alexander Alger, John J. Jacoby, Matt Johnson, Forty Renucci, and Ann Zess Others: Chief Boyes, DPW Director Equitz, Administrator Suhm, Attorney Gray Youth in Government Board Members: Taylor Grenier and Cameron Otto Administrator Suhm introduced the four participants of the 2017-2018 Youth in Government Program, explained the program and thanked the Plan Commission and Village Board for their support of the program. Following the introduction, she swore in the participants. Matt Kisting and Nick Schwall will participate with the Plan Commission and Taylor Grenier and Cameron Otto will participate with the Village Board. Citizen Participation Joyce Ketchpaw Reed, 3057 South St., spoke at request of East Troy Lake Association, she spoke in favor of repairing the dam. She reviewed information gathered in 2004 by a committee investigating the options for the dam. She detailed additional possible factors that would alter the initial cost estimates and expressed the request that if the state has given the Village a deadline that the Village file for an extension and complete a study of all cost figures for either option. Bernie Rivers, 2007 Emery St., referenced an email that had been sent to all Trustees and thanked them for considering the points included there. He also added comments on the long-term costs associated with the dam options, concern for liability to the Village should the dam fail and impact downstream communities, reviewed the property assessment values for adjacent properties and urged the Board to reach all residents for input. Larry Gross, 2595 North Sterling Circle, discussed what he sees as a declining sense of pride in our community and in maintaining properties. He reached out to residents in the Sterling Oaks subdivision and encouraged them to take more pride in their property and clean up the neighborhood. Eric Seaverson, 2040 Emery St., stated he is a newer resident and asked for information on the purpose of the dam, such as why was it originally built, what purpose it serves now and question if it is just a lake or if there a technical reason for the dam. He also felt it would be interesting to identify what lake ownership rights would be and how the different options would be impacted with lake residents contributing to the maintenance of the area, as is done in other lake communities. Mary Anne Rivers, 2007 Emery St., stated part of her concern is, as Ms. Reed stated, there is a lot of junk in the pond. The estimate was about 2 million dollars to dredge it if it was clean. If  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 2 of 8 there is pollution found what are the Village’s options? This could alter the costs and needs to be a very serious consideration to find out the options before moving forward. Steve Rostkowski, 2959 North Shore Dr., stated that when the firm of Mead & Hunt did the study it was found that the sediment was clear of pollutants above the dam. The only problem was the Trent Tube brown field that required remediation. He also discussed the trash that is found in the storm sewer system that ends up dumping near the stream. 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 – 8/21/2017, 8/28/2017 2. Operator’s Licenses – Willie D. Saenz 3. Consider approval of Parade Permit for High School Homecoming Parade, October 5, 2017, 3:30 – 4:30 p.m. (This event will coincide with the Farmers Market and the First Fridays Event – both applicants are aware and have approved) 4. Consider approval of the East Troy Area Chamber of Commerce Wine Walk application for the First Fridays Wine & Dine Event, Friday, Oct. 6, to be held at the Village Square with registration on the Square and seven (7) participating businesses located around the Square. The application meets all DOR requirements of permitted Wine Walks. 5. Consider approval of Hangar C-1 Lease Assignment from Jeffery Reese to Wendy Wengel, Marina Cove, LLC, contingent upon receiving proper signatures from Mr. & Mrs. Reese. Trustee Renucci requested that Item #5 be pulled from the Consent Agenda. Motion by Trustee Johnson, second by Trustee Alexander, to approve the remaining items on the consent agenda. Motion carried. Trustee Renucci asked for clarification on the transfer of the land lease as a new lease or a transfer of the existing lease. It was clarified that it is a transfer of the existing lease. Motion by Trustee Renucci, second by Trustee Johnson, to approve Consent Agenda Item #5. Motion carried. Miscellaneous Business 1. Consideration of request for four dogs at a residential unit, and issuance of a Kennel (Multi- Dog) License to Kyle and Lori Gilgenbach, 2592 S. Sterling Cir. a. Public Hearing President Seager opened the public hearing. The applicant clarified they are seeking a fourth dog and would not be operating a kennel. Administrator Suhm clarified it is called a kennel license but can be limited to four dogs. Trustee Renucci questioned the size of the yard and if this would be disruptive to the neighbors. The applicant stated that they utilize a 50-foot run to keep them in the yard. Trustee Renucci asked if the Village has any recourse if there are any noise complaints and Chief Boyes stated that would be handled as any other complaint. Mr. Gross stated that he lives behind the applicant and does not have a problem with the noise. President Seager closed the public hearing. b. Consider action on the request  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 3 of 8 Motion by President Seager, seconded by Trustee Jacoby, to approve the request for a multi-dog license for the Gilgenbach family, not to exceed four dogs and to be issued from the Village Hall by December 31 for the upcoming year they if they will own four dogs. Youth Advisory – Motion carried. Village Board – Motion carried. 2. Discussion/Consideration of options to address DNR Directives on Dam a. Discussion/Consideration of public input options including Polco Platform to be utilized on a trial basis to pose a one-time question to the public Administrator Suhm discussed the Polco platform, possible options in utilizing the Polco platform to seek resident input, the option for a referendum and the concerns about the timing for a referendum as it related to the DNR deadlines and possible grant application deadlines. Discussion included trust in the privacy policy, if residents have privacy concerns about using Facebook or Twitter they may have concerns about using this platform as well, the question would need to be carefully crafted to avoid it being too simplistic or a potentially leading the question, need to address residents that are not computer savvy, having information and computer availability at the library, the timeline, needing more specific costs and information to consider a referendum and the January deadline for the grant application (offered every two years). Sarah Nunn, Village Engineer with Lynch and Associates, offered an option that if the DNR does not require specifications the Village could submit two grant applications, one for removal of the dam and one for repairs to the dam. Plans and specifications are required within six months of the funding notice and this timeline would allow some time to go to referendum if that is the direction the Board would like to go. As for the March deadline, the Village could ask for an extension and discuss that with the DNR, but the impoundment would need to remain low. She explained that the grant process has a set criteria for assigning points and a response to the application could be expected within a couple of months of the application deadline. Regarding extensions to the DNR deadlines, her opinion was that they would not offer overly pushed out deadlines due to specific safety items needing to be addressed. She suggested working with the DNR Dam Safety Engineer to lay out a specific timeline due to a referendum request they would be willing to discuss that with the Village. She estimated for a grant application it would take a minimum of two to three weeks to complete the paperwork. She also addressed the question of extra costs for removing the dam and discussed the recommendation of moving forward with the feasibility study. She stated, the DNR would still require testing the sediment, the storm sewer issue would need to be addressed, removal of sediment could be required, and other items the DNR may require. They would also need to look at soil materials, at what point the impoundment would naturally dewater, and what would be required for restoration of the area. The feasibility study would give a more complete look at what would be needed to remove the dam. She estimated the study would take 45-60 days at a cost of $5,000.  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 4 of 8 Motion by Trustee Zess, second by Trustee Johnson, to conduct a dam removal feasibility study for $5,000 with Lynch and Associates. There was discussion regarding the possibility of an ownership transfer of the dam from the Village to the Lake Association, what the DNR would require of such an arrangement and if the group would qualify as a Lake Association that could own the dam according to the DNR. Discussion included the following: ways to partner with the municipality and the property owners; the municipality maintaining ownership and the lake association paying assessments; the potential of contacting the Army Corp of Engineers was suggested but it was discussed they have been contacted and determined this project was too small; whether the Village considers the surrounding parkland an asset; if the storm sewers will need to be modified; the prior Mead & Hunt report; if the impoundment is utilized by the fire department for insurance purposes; if the Village repairs the dam maintenance costs, repairs and inspection costs will continue; the idea of special assessments to the property owners that abut the impoundment; and the value to the community brought by the impoundment. Advisory Members – Motion carried. Village Board – Motion carried. b. Discussion regarding assessment values No discussion occurred. General comments regarding assessments were made by the public under item a. c. General discussion regarding DNR directives and possible direction to staff No discussion occurred. This was covered during discussion under item a. 3. Consideration of Airport Manager’s Contract Discussion included the length of contract, details of grass cutting and any changes that would need to be made, equipment maintenance, holding tank, emergency plan, snow equipment, quarterly reports and meeting attendance and contract fee. Motion by Trustee Johnson, second by Trustee Jacoby, that DPW Equitz and Airport Manager Watkins work out contract details and bring the contract back to the Board for review and approval before the end of October. Advisory Vote – Motion carried. Village Board – Motion carried. 4. South Street Lift Station preliminary engineering study presentation Jim Smith, Applied Technologies, reviewed the South Street lift station. He stated it was constructed in 1959 and has been running 24/7 since that time. It was recommended the Village consider replacing it due to age and concerns of reliability, as the current facility does not meet code requirements and will not meet capacity for future flows.  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 5 of 8 Future sewer service area could include the west half of the Village. He explained they factored the current population estimate and pumping run times to calculate the gallons per day. The population growth projected the station should ultimately be able to pump 1,000 gallons per minute. The $994,000 project estimate includes the new equipment and housing and entails removing the existing equipment and structure to three feet below grade as well as filling in the area and grading over it once the new lift station is on line. The 2017 budget included $65,000 for engineering and the project would move forward in 2018. Funding would come from borrowing. Discussed the potential of utilizing the DNR Clean Water Fund Loan program, with current interest rates at 1.87 for a 20-year loan. The forms would need to be submitted by the end of October. Discussed and questioned the validity of the population estimates and the needed capacity of the lift station. DPW Equitz stated that he would like to see engineering for the project in 2017 and the bids for construction scheduled for 2018. Motion by Trustee Johnson, second by Trustee Alexander, that DPW Equitz begin engineering for replacement for the South Street Lift Station and use the estimate to go out to bid for potential construction in 2018. Youth Advisory - Motion carried. Village Board – Motion carried. Youth in Government participants were allowed to leave due to the length of the meeting. Motion by President Seager, second by Trustee Johnson, to take a five-minute recess. Motion carried. Upon conclusion of the recess, President Seager called the meeting back to order. 5. Update from Director of Public Works on Highway G Bridge Reconstruction and review of construction plans DPW Equitz shared the plans from Walworth County for the bridge. He noted there will not be a railing between traffic and pedestrians and if the Village desires this it would be at Village cost. Walworth County does not feel it is necessary due to the low 25-mph speed limit. The plan is for the new pedestrian deck to be on the west side and it will be much wider than the existing bridge with 8’ paved shoulder. Chief Boyes voiced his concern to make sure the bridge deck does not ice over in the winter. Also, discussed the proposed lead-in and lead-out sidewalks to the bridge deck which the Village would incur the costs for but the County will bid it with their project so the Village does not incur any administration fees, which could result in some cost savings for the Village. The bridge project is estimated to take four months during which time the bridge will be completely closed. The  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 6 of 8 County is looking at this project in the second half of 2018. Discussed the scheduling of the water main projects on the square to either coordinate or avoid too much project overlap. 6. Consideration of Playmore Park Surface Replacement a. Consideration of Resolution 2017-08, authorizing budget amendment, increasing parks capital $51,660 to be taken from capital fund balance Motion by Trustee Johnson, second by Trustee Alexander, to approve Resolution 2017- 08. Motion carried. b. Consideration of recommendation to contract with Lee Recreation for Playmore Park Surface Replacement in the amount of $51,660 Motion by Trustee Johnson, second by Trustee Alexander, to approve Lee Recreation for Playmore park surface replacement in the amount of $51,660. Motion carried. 7. Consideration of letter of intent for acquisition of land held by the Crucible Materials Environmental Response Trust Motion by Trustee Johnson, second by Trustee Alexander, to table to the first meeting in October. Motion carried. 8. Discussion and possible direction to staff regarding the frequency of Village Board meetings (Seager) Motion by President Seager, second by Trustee Johnson, to table this item until October2. Motion carried. 9. Budget Review Session The Board reviewed the operational and capital budgets. The following changes were made: • Removed the Dam under Miscellaneous Equipment/Projects for $700,000 o The scope of the project is unknown at this time • Moved the Clayton Avenue street project to 2020 • Reduced the 2018 sidewalk project amount to $450,000 o Highway 20 from N. Sterling to Shell/McDonald’s o Hwy ES from Byrnes to Shell/McDonald’s o Byrnes Street o Hwy ES from Gus’s to Townline Road • Changed funding source for Recreational/Walking Trails to fund balance because the proposed recreational path extending from Mukwonago to East Troy has an unknown status at this time • Increased budget amount for South Street Lift Station in the sewer fund to 1 million total, based on presentation from Applied Technologies Ordinances & Resolutions 1. Resolution 2017-06a – Resolution replacing 2017-06, authorizing submittal of petition to exempt the requirement for vehicles to stop at crossings on Young Street and Main Street (Hwy ES) Motion by Trustee Johnson, second by Trustee Alexander, to approve Resolution 2017-06. Motion carried. 2. Ordinance 2017-10 - Amendment of zoning code with regard to indoor commercial entertainment and also outdoor commercial entertainment  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 7 of 8 Motion by Trustee Alexander, second by Trustee Johnson, to approve Ordinance 2017-10. Motion carried. 3. Ordinance 2017-11 - Rezone the property located at the north end of Executive Drive (RA376700001) from Highway Business (HB) to Light Industrial (LI) Motion by Trustee Alexander, second by Trustee Zess, to approve Ordinance 2017-11. Motion carried. Reports 1. August Financial Report 2. Library Board Minutes – 08/08/2017 3. DRAFT Plan Commission Minutes 9/11/2017 4. Court Report – 8/2017 Closed session Adjourn to closed session pursuant to Wis. Stats. 19.85(1)(c) for considering employment, promotion, compensation or performance evaluation data of any public employee over which the government al body has jurisdiction or exercises responsibility (police department) and 19.85(e) for the purpose of deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session (purchasing property and development agreement) Motion by Trustee Johnson, second by Trustee Renucci to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(c)…and 19.85(1)(e)... Motion carried on a roll-call vote. Trustee Alexander Y Trustee Alger Y Trustee Jacoby Y Trustee Johnson Y Trustee Renucci Y Trustee Zess Y President Seager Y Reconvene in Open Session Possible action on closed session matters Motion by President Seager, second by Trustee Alexander, to offer the position of Chief of Police to Jeremy Swendrowski at 95% of the current Chief’s wage rate. Motion carried. Motion by President Seager, second by Trustee Alexander, to have Deputy Chief Swendrowski and Chief Boyes post outside the organization for hire of a Deputy Chief. Motion carried. Adjourn Motion by Trustee Renucci, second by Trustee Alger, to adjourn at 10:49 p.m. Motion carried.  EAST TROY VILLAGE BOARD MINUTES September 18, 2017 Page 8 of 8 Respectfully Submitted, Eileen Suhm Administrator