Village Board

EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 1 of 7 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 Excused: Others: Deputy Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Gray Citizen Participation Tricia Harris, stated she is a community member and owner of a building on the square for many years. She expressed concerns regarding inspections and requiring building owners to follow regulations and codes. She stated she was a member of Rebel CrossFit for several years. The owner of business needed to vacate the unit she was leasing at 2111 Lenk Avenue. Ms. Harris listed issues she was aware of at this location such as air quality, heat, and fire extinguishers with expired tags. She also stated there was standing water after the heavy rain in July and the heat that followed contributed to mold issues. She stated the Village lost a great business member of five years. She encouraged fairness when dealing with issues such as these and not ignoring them. Steve Rostokowski, 2959 North Shore Drive, stated he had a proposal and a question. The proposal from East Troy Lake Association as well as others in the community was when things begin to progress regarding the Dam decision if there are special committees established they be included in the process. The question related to how the dam became categorized as a hazard by the DNR. He stated he could not see how a small dam that was once considered a low hazard downstream could become hazardous enough to not allow the water back in the impoundment. He would like to see water back in impoundment and would like the Village to contest the DNR’s decision to potentially reclassify. Butch Rabay, 1672 Thomas Drive, stated he last spoke before the Board on July 17 about the roads in the Lake Bluff subdivision. He stated he was back to make a proposal as it relates to the disregard of the contract between Bielinski Homes and the Village of East Troy. He stated, the contract has been in place for 10 years and has not been enforced by the Village of East Troy. Prior to any further development taking place in the subdivision he would like there to be public hearings about any proposal or any grant of continuation of the Lake Bluff subdivision because of the contract problems. He proposed at least two public hearings, one on a Saturday and one at a Board meeting so people that live in the area could have an opportunity to express their disappointment with regard to Bielinski Homes in carrying out their contract obligations. Adjourn to Closed Session  EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 2 of 7 Adjourn to closed session pursuant to Wis. Stats. 19.85(1)(f) Considering social or personal histories of specific persons, which if discussed in public, would be likely to have substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations (operator’s license application) Motion by President Seager, second by Trustee Alexander to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(f) to consider social or personal histories of specific persons, which if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations. Trustee Alger Y Trustee Jacoby Y Trustee Johnson Y Trustee Renucci Y Trustee Zess Y President Seager Y Trustee Alexander Y Reconvene in Open Session 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 – 9/18/2017; 9/25/2017 2. Operator’s Licenses – Jordan A. Webb Motion by Trustee Alexander, second by Trustee Zess to approve the consent agenda. Motion carried. Miscellaneous Business 1. Consider for approval the Sidewalk Café Dining Policy and Application form Deputy Clerk Alexander reviewed the memo regarding sidewalk cafés and the recommended policy as well as requirements for the policy pertaining to the downtown design district. The Board discussed the following items related to the proposed policy and application:  The dates allowed were specified as May 1 to November 1. They questioned if this was necessary, but understood it was likely related to snow.  The requirement that a five‐foot pedestrian pathway be maintained and the difference in sidewalk widths on different sides of the square.  The Insurance requirements, which mirror the requirement for special events and use of public property.  Prohibiting outdoor heaters and music  The application fee, whether it was necessary and how it compared to other communities  The idea of the area being considered nonsmoking because it is an extension of premesis  EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 3 of 7 After discussion, the Board determined they would make two modifications to the proposed policy and application. Only free‐standing heaters would be prohibited and the dates would be changed from April 1 to November 15. Motion by Trustee Johnson, second by Trustee Alexander, to approve the proposed policy and application subject to the two modifications discussed. Motion carried. 2. Consideration of letter of intent for acquisition of land held by the Crucible Materials Environmental Response Trust (from 9/18/2017 meeting) It was clarified the letter of intent gives the Village and Trust exclusive negotiating rights on the properties, but does not obligate the Village to purchase the properties. Discussed the option for the 90‐day extensions within the letter of intent. The Village could use this time to determine if a letter of exemption would be available for these properties, such as the one the Village was able to obtain for the archery range property, or another avenue to ensure the Village will not be liable for remediation in the future. Motion by Trustee Zess, second by Trustee Jacoby to approve the letter of intent dated September 18, 2017. Motion carried. 3. Discussion regarding economic development firm presentations and possible action to select a firm (from 9/25/2017 meeting) The Board and staff discussed impressions of the firms that presented at the 9/25/2017 meeting. Comments were made regarding the preparedness of Graef and their responses regarding addressing the lack of development in the business park. Motion by Trustee Johnson, second by Trustee Zess to select Graef to engage in Strategic Planning. Motion carried. 4. Discussion and possible direction to staff regarding the frequency of Village Board meetings (Seager) (from 9/18/2017 meeting) President Seager discussed the frequency of three board meetings per month and the administrative burden that accompanies this many meetings. He proposed reducing the frequency to the first and third Monday of the Month with the fourth Monday being optional. The Board also discussed combining any Committee of the Whole discussions with a regular meeting, likely the first Monday of the Month. Budget time was identified as a time when more meetings may be desired. The Board agreed to change to this frequency on a trial basis. Motion by President Seager, second by Trustee Jacoby to direct staff to rewrite ordinance to identify two meetings a month and make the third meeting optional with a COW added to first meeting of month. Motion carried. 5. Consideration of Change Order #2, increase of $1,499.70, for the 2017 Street Paving Administrator Suhm noted she made an error on the agenda and the amount should state $4,303.70. DPW Equitz explained the change order and reported with the change the project will still be within the budgeted amount.  EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 4 of 7 Motion by Trustee Renucci, Second by President Seager to approve the change order. Motion carried. 6. Consideration of recommendation to accept bid from Visu‐Sewer for the 2017 Sewer Lining Project in the amount of $39,270 DPW Equitz explained the sewer lining process and the fact that the Village is trying to do a little every year to revitalize the sanitary sewer system. He reported, last year was the first time they did this. They found that not being allowed to use the sewer during this time did not cause issues. However, he reported order did become an issue. It was easily remedied by pouring water down floor drains. This project will entail five sections of pipe, from manhole to manhole, being relined. Motion by Trustee Johnson, second by Trustee Alger to approve selection of Visu‐Sewer for total of $39,270. Motion carried. 7. Consideration of action to be taken regarding the condition of curb and gutters in the Lake Bluff subdivision DPW Equitz reported discussions with Bielinski began in spring regarding the condition of the curb and gutters in phase one of Lake Bluff, but no progress has been made. He discussed a recent proof roll was performed and the base failed. The Village Engineer, Sarah Nunn, had sent a letter to Bielinski requesting a timeline to address the issues found and stating for the Village to accept the improvements, they must meet Village specifications. They responded stating they would only budget to replace 25% of the curb and gutter. DPW Equitz stated he is not comfortable accepting the curb and gutter without this being addressed because it will cause future problems for the Village of East Troy. The Board discussed the recourse within the developer’s agreement is for the Village not to issue permits. The first phase includes 77 lots and 16 vacant lots remain now, they are at approximately 80% completion. Motion by Trustee Johnson, second by Trustee Jacoby to stop the issuance of building and occupancy permits until the Village accepts a solution from Bielinski. It was questioned what sort of bond Bielinski provided for the Bielinski subdivision, cash or a letter of credit. Staff will review this. Vote on the motion carried. 8. Consideration of action to be taken regarding Airport South Side drainage DPW Equitz asked permission for Craig Henry, Hangar S18 owner, to speak. Motion by President Seager, second by Trustee Renucci, to allow Craig Henry to speak regarding his hangar issues. Motion carried. Mr. Henry stated he is a resident of East Troy and hangar owner at the airport. He stated he was part of the group that wanted to put the expansion in on the south side of the airport. He also stated the airport is what introduced him to East Troy and he later moved here because of that.  EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 5 of 7 He reviewed the history of his hangar stating it was built in 2003. The hanger to the north as well as the hangar to the northeast of his hangar were built at the same time with the same builder. He stated when his was built there was a disagreement regarding how the hangar would be set. He submitted all plans and when building was complete the occupancy was delayed because the building inspector stated the area where there was a dip more than 12 inches on his lot would need a culvert. He was ordered to fill that in and install a drain culvert with gravel and a silt screen in order to receive occupancy. In 2006 he received a letter stating he made these modifications without any approval. He went before the Board and explained the building inspector had required the culver and the Board advised he could disregard the letter. The letter was sent to him again a couple of weeks ago when staff reviewed the airport drainage plans and saw the discrepancy, but did not have the minutes. He stated the culvert does not affect him in a positive or negative way and questioned why he would spend money now to fix a problem caused by the building inspector in 2003 to 2004. He further explained in 2009 some of a hill between his hangar and another was removed. After this occurred he began to have water issues in his hangar. He distributed pictures of water in his hangar after the heavy rains in July of 2017. He also explained in 2015 he met with DPW Director Miller and had a contractor come out and speak with him regarding how to fix the issue. He stated he has close to $8,000 invested in trying to address the water issues and is aware of the lease terms regarding water shedding from buildings. However, he believes it has been proven this is an infrastructure issue. He also detailed issues he is experiencing in his hangar due to the water issues. He reported he is happy with the Village Engineer’s proposal regarding installing drain basis. His only concern would be making sure it is big enough and deep enough to prevent freezing. DPW Equitz stated the culvert that Mr. Henry mentioned is not contributing to the water issues he is experiencing today. The issue is between the hangars, east‐west and north‐south. The water drains off the taxiway and runs towards the south. Mr. Henry is getting water in on the north side of his hangar, S18. He stated the owner of S20 was not present at the meeting, but he understands this hangar is getting water on the west side and north side. Sarah Nunn, Village Engineer, explained the water drainage and issues, which do not allow the water to continue straight south between buildings. She stated water is coming into the 15‐foot opening between the hangars and there is nowhere for the water to go. Because of the small space between buildings, they will be limited in how deep they can be buried. She reported almost all the drain pipes at the airport have about six inches of cover. She suggested installing heat tape in the pipes to address freezing and ice concerns. However, she stated it would need to be plugged in during winter and spring to allow the snow melt to drain. The Board discussed other options such as a combination of curbing and paving between the buildings, but she stated that still would not be ideal. There would likely be issues with snow and ice buildup. In addition, it would likely be more expensive than installing pipes. The potential of installing gutters on the buildings was also discussed. Some of the buildings will allow for easy installation of gutters, but others will not. In addition, this will not address the issue of water draining from the taxiway. French drains have also been investigated, but there is not enough land area to allow for this solution. Also discussed a suggestion of exploring a pump, but determined that is not a cost‐effective solution. Trustee Renucci left the meeting.  EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 6 of 7 DPW Equitz made it clear the letter from 2006 does not address the drainage problem causing the current water issues and apologized to Mr. Henry for the second letter being sent. Motion by Trustee Johnson, second by Trustee Jacoby to issue a letter to Mr. Henry for his documentation stating he is in compliance with what he needs to do. Motion carried. The cost to install the drains was projected to be a maximum of $38,000. Sarah Nunn stated installing the sewer pipes will solve the water issues, her only hesitation is the potential icing issue. She reiterated they could run a heat tape If a hangar owner will provide electricity they can hook it up to. Mr. Henry did not object to this and stated this is the only viable option that has been presented by engineers. However, he did state the Village needs to explore working as a group. He has observed in the past one problem being addressed and becoming another hangar owner’s problem. Sarah discussed the timeline, stating the construction industry is backed up trying to complete things before winter. In addition, they will have to run a pipe across the access to hangar 20 and not sure how they will feel about gravel in that area of their approach over the winter. Due to these issues it was not clear at the time of the meeting if this project will be completed in fall of 2017 or spring of 2018. Motion by Trustee Johnson, second by Trustee Zess to direct DPW Director Equitz and Lynch Engineering to bid the work out based upon the estimate that was put together and for staff to look into potential funding through what is available in the airport fund balance. Motion carried. 9. Final Budget Review Session Discussed ongoing expenditures for the archery range will be operational. DPW Equitz reported any new targets will be capital, but replacement will be further than five years out. Administrator Suhm reviewed her memo. She also summarized debt issuance for the capital projects fund and the tax rate impact, as well as water and sewer. She also explained the option of capitalizing the interest in 2018 for the borrowing or levying for it in 2018. Motion by Trustee Johnson, second by Trustee Alexander to levy for the interest on the debt issue that will occur in 2018. Motion carried. Reports 1. Airport Advisory Minutes – 08/14/2017 2. Parks & Recreation Minutes – 06/20/2017 3. Parks & Recreation Minutes – 08/14/2017 4. East Troy Area EMS Minutes – 06/20/2017 5. East Troy Area EMS Minutes – 07/18/2017 6. East Troy Area EMS Special Meeting Minutes – 07/25/2017 7. East Troy Area EMS Minutes – 08/22/2017 Adjourn to Closed session  EAST TROY VILLAGE BOARD MINUTES October 2, 2017 Page 7 of 7 Adjourn to closed session pursuant to Wis. Stats. 19.851(c) to consider employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (department of public works) Motion by President Seager, second by Trustee Johnson to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(c) to consider employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Motion carried on a roll‐call vote at 8:30 p.m. Trustee Jacoby Y Trustee Johnson Y Trustee Renucci Excused from Meeting Trustee Zess Y President Seager Y Trustee Alexander Y Trustee Alger Y Reconvene in Open Session Possible action on closed session matters No action taken. Adjourn Motion by Trustee Alexander, second by President Seager to adjourn at 8:38 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator