Village Board

EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 1 of 9 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: Chief Boyes, DPW Director Equitz, Administrator Suhm, Attorney Tim Pruitt Youth in Government Representatives Cameron Otto and Taylor Grenier Citizen Participation Ivan TeLindert, 2989 South Street, expressed his concerns regarding the dam. He stated that he moved to East Troy in 1957, built his current home on South Street in 1968 due to the location on the water. In 60 years, he has seen many Boards come and go and many feasibility studies done. He feels that the East Troy Lake should be a viewed as a valuable asset to the community. He discussed community assets that will, to a certain extent, benefit some residents more than others but still remain valuable assets to the community – the Airport, the Library and the East Troy Lake. Past Village Boards that have conducted dam studies ended up recommending remaining with the status quo. The newspaper article about dam removal said nothing about what would be lost if the dam would be removed. He hoped the study to be presented tonight would clear up things, but after review of the materials, it did not. He felt this was much old information in the study. He is concerned about the outfall from the storm sewer. He is concerned that there may be legal issues. He discussed the previous use of the impoundment water when it was used to fight fires. He sincerely believes if most communities had a body of water like the East Troy Lake they would relish having it and not consider destroying it. Tom Senft, 2141 Church Street, discussed Item 4 on the agenda, consideration of request to provide curbside leaf pickup services. He stated when he moved here in 1972 there was always curbside pickup of the leaves. Maybe five years ago there was a problem with the street sweeper vacuum so leaves could not be picked up and the DPW purchased a different machine to take care of all the needs. He questioned where it has been used other than the Village Square. He stated that he has a short bed pickup and has made six trips already and estimates he has six to ten more to drop off leaves. He feels there are a lot of people with the same issue, many elderly, bagging leaves and taking them to the site by the treatment plant. He feels this is a disservice to taxpayers. The taxpayers have lost this service but the taxes have not gone down and he would like the Village to begin the pickup again. Butch Rabay, 1672 Thomas Drive, agreed that leaf pickup is needed to avoid burning leaves that add to pollution. He then wanted to complement Board for decisive decision on October 2, regarding the roads in the Lake Bluff subdivision and the discontinuing the issuance of building permits and occupancy permits. He stated there was an oversight and an individual building a house will need an occupancy permit in the next couple of weeks. While he applauded the  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 2 of 9 Board’s decision to withhold the permits from Bielinski Homes he feel that Ms. Deanovich needs an occupancy permit and he would agree with that being issued. He then cited the newspaper article regarding Bielinski Homes and stated that after reading the article he agrees with it 100%. Bev Deanovich, 2550 Honey Creek Circle, stated she is the third party listed under agenda Item 1. She wanted to thank Mr. Rabay and the Board for getting her on the agenda. She stated she would like to encourage the Board to approve Resolution 2017-09. Liz Walker Addy, 3244 Central Avenue, stated she does not care either way the way the dam issue goes but she wants a good decision made so down the road that the Village is not putting more and more money into the dam. She stated she asked how much money the Village has put into the dam over the years, but could not get an answer unless she paid for it due to the work that would need to go into finding the answer. She compared it to repairing an old car until the cost of repairs come to the point of enough is enough. She is a long-time resident of East Troy and never knew there was a lake there. To the people that live there, this is a luxury and something special that she would fight for if she lived on it. However, she questioned why other taxpayers pay for it. She agreed that we could go down the line and list all the items that people are taxed for, such as the airport, but hopes the decision will look at what the future is going to hold. Steve Rostkowski, 2959 North Shore Drive, stated he agrees 100% that a good decision needs to be made for the future. This may now be the seventh generation enjoying the lake and we need to think about the next generation and what they are going to have. An important thing is to decide what are you going to say or provide for the next generation if the dam is removed. Phyllis Gaines, 1993 Emery Street, stated she is a long-time resident and a realtor for 20 years. She moved here for the quality of life, low taxes and in general, great things in East Troy. As a realtor, she has also bragged about the schools and the low tax rate. She stated she cannot state that about the taxes anymore. She found out the Village mill rate is $20.62 per $1,000 – if your home was assessed at $100,000 you would pay $2,062.00 per year. She stated mill rates in some surrounding communities are: Brookfield at $13.72, Eagle at $14.43, Mukwonago at $14.44, Vernon at $13.72, Lake Mills at $17.94. Her reason for bringing this up is that she would not like to have our community lose people because we provide services that are not necessary anymore. She asked that the Board look at things in a way to be sure the Village is not providing things that are no longer needed and look to economize or better utilize the tax money. She feels it is really a struggle to keep up with the tax increases. 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 – 10/12/2017, 10/16/2017, 10/20/2017 2. Operator’s Licenses – Elyssa R. Firle, Lori K. Kimball, Anandi M. Patel 3. Consider approval of renewal of 2-Year Natural Lawn Permit to Joe & Lura Asby, 1849 East Drive. (neighbors within 300’ have been notified, no objections received) 4. Consider approval of Lease Assignment for Hangar E-1, Gerald and Judy Roeder  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 3 of 9 Motion by Trustee Johnson, second by Trustee Renucci, to approve the consent agenda minus the minutes from 10/12/17. Advisory Vote – Motion carried. Board Vote – Motion carried. Motion by Trustee Johnson, second by Trustee Zess, to approve the minutes dated 10/12/17. Advisory Vote – Motion carried. Board Vote – Motion carried with Trustee Alexander abstaining. Miscellaneous Business 1. Resolution 2017-09 – Excluding Third-Party from non-issuance of building and occupancy permits in the Lake Bluff subdivision, 2838 Oakmont Drive Motion by Trustee Johnson, second by Trustee Alexander, to approve Resolution 2017-09. Advisory Vote – Motion carried. Board Vote – Motion carried. It was confirmed current homes under construction are Bielinski Redi-Homes. 2. Presentation/Consideration of Dam removal feasibility study Sarah Nunn, Village Engineer, presented the dam feasibility study. The study includes the minimum DNR requirements if the dam were to be removed. There are other items that could be included, such as piping the storm sewer outfalls, but she stated the study was to present the minimum requirements. Reviewing sediment contamination levels, she stated there were samples from 1999 and 2006 presented to the DNR and based on the levels found in those samples the DNR did not see a concern. One of the requirements, if removal is selected, would be to do more soil samples. She reported they are not seeing any potential contamination issues if sediment were to be removed. Engineer Nunn reported partial removal of the dam is not feasible so the cost of complete dam removal would be approximately $324,000. That includes the assumption that sediment sampling will yield similar results as in the past and the storm sewer outfall would be a rip-rap channel. The sediment would remain in place over time and effectively become part of the residential yards. The timeline for removal is estimated at three to four months construction and then dewatering of the materials and allowing the existing lake bed to dry out, which would take multiple years. Engineer Nunn stated with removal the area would be dewatered over time and once it dries out there will not be cattails because it will not be saturated soil. She stated there may be other types of weeds. As far as sediment removal goes, it could be removed with the current lake level but would depend on how the dredging would be done. With the current information, the DNR is not indicating a list of additional requirements. The stream channel shown in the report was based on an early 2000 study of the lake when Crispell- Snyder did cross sections for the depth of the natural river channel. She stated as the creek creates a winding path, it will be necessary to armor some of the bends.  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 4 of 9 The storm sewer outfall could be a rip-rap channel or be piped. There is really no way to prevent debris from coming through the storm sewer outfall. A rock outfall would need to be cleaned up periodically. There are seven storm sewers that go into the area. A cistern setup has not been considered because there have been no concerns raised from a firefighting standpoint on the Village’s water capacity. DPW Equitz suggested checking with the fire department whether they would still use water from the impoundment. It was asked if the Village were to utilize this area for a different purpose, how long would it be for the soil to stabilize and Engineer Nunn estimated it would take multiple years. The Board has until March 1, 2018, to inform the DNR what decision has been reached. Engineer Nunn has spoken with the DNR briefly and discussed that the Village is working on options and potentially going to referendum and the DNR indicated that they would consider an extension if there is a plan of action. Once a direction is decided, plans will need to be prepared, which may be four to six months out from construction. This means that if this is awaiting a referendum decision, construction may not occur until 2019 and that may raise other concerns about the area staying dewatered. DPW Equitz requested direction from the Board on what further information they would like to have to be able to make a decision. The question was asked if the dam were removed and there was a significant rain event again what would the outcome be? Do we have any idea what good the dam did and can we get this information or model? Engineer Nunn stated it can be modeled as far as what the flood plain would look like. The Board questioned if the $715,000 repair estimate is the bare minimum and if additional costs would be necessary to complete the project correctly. In addition, they questioned what realistic costs of dredging would be. It was questioned whether there should be some consideration of what would potentially be done with the area, beyond the minimum, in both retaining or removal of the dam and how much would be invested into the area for what purpose. This could impact the total project costs making removal or repair look more feasible. They expressed the desire to obtain more information on the total project. DPW Equitz agreed that the real question is what the Village wants from this area. It was that discussed if the Village removes the dam and received grants that would give the Village more funds to add enhancements such as a park or trails. Other factors would include how much sediment needs to be removed, on-going maintenance of the dam if retained, if removed what would the restoration involve and what would the impact of another 100 or 500-year flood be, the storm sewer issue and the weed control for the property owners. Administrator Suhm confirmed that a referendum could be on the April 2018 ballot. The Board discussed property ownership if the dam is removed. Engineer Nunn explained the legal descriptions on the deeds they reviewed were written to the normal high-water level or the 100-year flood elevation of Honey Creek, so property owners would gain property out to that point. It was questioned if that would result in added value to the property if they acquired more land. Discussed currently these properties have a 10% increase in assessed value of land due to the proximity to the water. It is difficult to state if the water were not there whether the value would decrease because the assessments are also based on sales and until there are sales to use for comparison this cannot be answered.  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 5 of 9 Engineer Nunn asked if there is a preference as far as the amount of sediment removal based on future use – she questioned whether it was envisioned to make it a waterway that you can canoe or boat on. Trustee Johnson stated the more information, the better – if sediment is dredged he questioned if it will continue to fill back up with sediment and what the recurring costs would be, such as how often would the Village have to dredge, clean the storm sewer channels, mow or maintain land, and other ongoing operational costs. President Seager stated that this is not the first Board to make decisions on the future of the dam and we are in this position due to the DNR. The DNR has made requirements that have been abided by over the years. He asked to what degree can we repair and maintain this dam, keep the body of water and keep the DNR from returning in future years and making additional requirements, requiring more funds spent. Engineer Nunn responded, ultimately, we have no control over what the DNR regulations will be. She stated they can change at any time and we do not know what the future dam requirements may be and the same goes for the sediment removal. What may apply in ten years is unknown. Direction was to prepare a request to the DNR for extension on the project decision and develop options and costs for both removal and repair to allow clear options for a referendum. The Board stated they are looking for the base project and cost, plus options as well as pros and cons for each possibility. 3. 2018 Budget a. Presentation – Administrator Suhm presented the 2018 budget. b. Public Hearing on 2018 Budget – President Seager opened the public hearing and closed the public hearing with no comments made. c. Ordinance 2017-16 - 2018 Budget/Levy Motion by Trustee Johnson, second by Trustee Alexander, to approve Ordinance 2017-16 the 2018 budget levy. Advisory Vote – Motion carried. Village Board – Motion carried. 4. Consideration of request to provide curbside leaf pickup services DPW Equitz explained the history of the leaf pickup service stating it was discontinued around 2005 to 2006. In 2014 the current street sweeper was not purchased. However, it was not selected with picking up leaves in mind. The sweeper has a smaller capacity than the previous equipment. The currently use the sweeper to clean-up the curb lines of leaves and keep them out of the storm sewer. DPW Equitz stated they could pick-up leaves, however, other projects would suffer. It was questioned what it would cost to make one pass through the Village to pickup leaves. DPW Equitz estimated it would take one full week, with one individual under current conditions, not piles placed in the roadway. If there were piles it will not be able to be done with just one employee, it would require two employees and they would need to use the large hose on the back of the machine to pickup piles and at the height of leaves dropping, he estimated it would take even longer with two employees. It was questioned if there are companies that the Village could contract with to provide the service. The Village of Mukwonago offers a pickup of bags five times a year through John’s Disposal and we have two brush collections a year, one in fall and one in spring. When the Village was picking up leaves it started on October 1 and the machine ran until the leaves were all picked up so there was not a specific schedule.  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 6 of 9 DPW Equitz explained that we could offer this service in the past because of the work load of the department and we did not face the same regulations or the CMOM program including the additional maintenance points of the sewer system, water flushing, etc. He also explained there have been subdivisions added to the Village and our older subdivisions now have mature trees, which would add to the process. Youth in Government member, Taylor Grenier, explained the Key Club International has raked leaves. If there are elderly people they could contact the Key Club and have their name on a list for service hours. DPW Equitz was asked to look into whether there are companies the Village could contract with to provide the service. 5. Consideration of awarding contract for airport drainage improvements DPW Equitz presented the bids received for the airport drainage project. Lynch & Assoc. recommended going with the low bid contractor with a substantial completion date by the end of the year. Motion by Trustee Zess, second by Trustee Renucci, to approve the bid from RLP Diversified for $23,890.00. Motion by Trustee Zess, second by Trustee Renucci, to amend motion to include engineering costs. Advisory Vote – Motion carried. Village Board – Motion carried. Vote on original motion: Advisory Vote – Motion carried. Village Board – Motion carried. 6. Consideration of vacant DPW utility operator position and position posting options DPW Equitz stated he is looking to have flexibility in hiring someone with proper certifications, however, if they get the right applicant they could hire someone and train them, allowing them to obtain certifications. Motion by President Seager, second by Trustee Alexander, to allow for the listing of the position of operation and posting the position as needed. Advisory vote – Motion carried. Village Board – Motion carried. 7. Set the garbage and recycling special charge for 2018 tax roll Motion by Trustee Alexander, second by Trustee Renucci, to approve the residential charge at $165.00 per residential unit. Advisory Vote – Motion carried. Village Board – Motion carried. 8. Consideration of renewing with Anthem for 2018 health insurance  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 7 of 9 Motion by Trustee Johnson, second by Trustee Jacoby, to approve Anthem as Health Insurance carrier for 2018. Advisory Vote – Motion carried. Village Board – Motion carried with Trustee Alexander abstaining. 9. Consideration of Memorandum of Understanding from the WI Dept. of Transportation regarding installation of sidewalks with the Highway 20 reconstruction project Motion by Trustee Johnson, second by Trustee Alexander, to approve the memorandum of understanding. Advisory Vote – Motion carried. Village Board – Motion carried. a. Possible direction to staff on another segment of sidewalk to address if postponing highway 20 (scheduled for 2018 in budget) Direction to staff was to reallocate funds for that section to another sidewalk that was on the priority list such as the three identified sections and to consider North Street between Division Street and Beulah Ave. 10. Discussion of village board meeting schedule in conjunction with holidays (Administrator Suhm - no packet materials) The Board confirmed they would be available for a meeting November 20 and December 18. 11. Discussion and possible direction to staff regarding consent agenda items (Trustee Johnson - no packet materials) Discussed including more items such as contract approvals on the consent agenda and continue to utilize the option to pull individual items off the consent agenda if needed. 12. Discussion and possible direction to staff regarding winter parking ordinance Trustee Jacoby discussed the winter parking ordinance. He brought to the Board’s attention there is a one-hour difference between the hours of “overnight parking” and “winter parking”. Chief Boyes stated they are enforcing an ordinance stating November 1 start date and they cannot ignore the ordinance. He questioned if it would be simpler to open the municipal parking lot stating parking can start at 5:00 a.m. It was noted that winter parking is an extension of overnight parking around the square by an hour, but there is no signage downtown on the Square that states that. The signs at the entrance state the winter parking hours but it is not clear when you are parking on the Square or Union Street. There needs to be better signage that is consistent. DPW Equitz expressed concerns regarding the clearing parking areas and if they are not able to be adequately cleared they become icy and slippery. Chief Boyes offered the option of doing away with winter parking ordinance and having certain streets that no cars can be parked on (winter snow routes) between certain hours with over a 2” snowfall or open the municipal parking lot.  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 8 of 9 Direction is to bring back to the Board, have the Village Attorney review the ordinance so that the ordinance is clear. The Board decided to start with allowing parking in the municipal lot as an ordinance change and revisit in the future if needed. 13. Discussion and possible direction to staff regarding modifications to the library parking lot/and adjacent parking for the park area In conversations with the Library Board the parking lot is a municipal lot and there have been issues with people speeding through the library portion from the park portion of the lot. There were concrete barriers put in place to slow down drivers. People are slowing down, but it is an ugly solution. There has been discussion of separating the parking lots and creating an entrance specifically for baseball and skate park parking and having the library portion being specifically for library parking. Discussion included the uses of this parking lot and Chief Boyes explained the library board wanted the barriers installed and the barriers have reduced complaints of speeding. DPW Equitz go up with Trustee Jacoby to review the situation, discuss options and costs. The barriers will be removed this week for snow removal. Reports 1. East Troy Area EMS Minutes – 09/19/2017 – Discussed a diesel fuel spill at Road Ranger that did not make it to the storm sewer and Chief Barutha had raised a concern this has happened in the past. The Village Engineer reviewed the matter and DPW Equitz reached out to Chief Barutha to work on a procedure for notification of the appropriate parties when this occurs. Road Ranger is supposed to notify County Emergency Management and the DNR and to insure this is being done. Closed session Motion by President Seager, second by Trustee Alexander, to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(e) to conducting other specified public business, whenever, competitive or bargaining reasons require a closed session (potential developments) and 19.85(1)(g) to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved (medical claims). Motion carried on a roll-call vote. Trustee Zess Y President Seager Y Trustee Alexander Y Trustee Alger Y Trustee Jacoby Y Trustee Johnson Y Trustee Renucci Y  EAST TROY VILLAGE BOARD MINUTES November 6, 2017 Page 9 of 9 Reconvene in Open Session Possible action on closed session matters Motion by Trustee Johnson, second by President Seager, to authorize Jason and Eileen to contract for cleaning services and notify employees. Motion carried. Adjourn Motion by President Seager, second by Trustee Jacoby, to adjourn at 10:29 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator