Village Board

EAST TROY VILLAGE BOARD MINUTES December 4, 2017 Page 1 of 5 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 Tim Pruitt Youth in Government Representatives – Taylor Grenier and Cameron Otto Citizen Participation Marianne Rivers, 2007 Emery Street, discussed the dam issue and questions she hoped would be addressed under agenda item one. Butch Rabay, 1672 Thomas Drive, discussed the developer’s agreement with Bielinski Homes and concerns related to the history of addressing the curbing issues. 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.) Approval Minutes – 11/20/2017; Amendment of Special Event Application Fee for 2018 Municipal Fee Schedule; General Fund Balance Transfer to Capital Projects Fund Balance Motion by Trustee Alexander, second by Trustee Johnson to approve the consent agenda. Advisory vote – Motion carried; Village Board – Motion carried. Miscellaneous Business 1. Discussion/Consideration of dam removal and repair options Chris Goodwin, Ayres and Associates, and Gary Randall, Lynch and Associates, spoke to the Board regarding the dam. Ayres and Associates is a group of water resources engineers that focus on dams. Mr. Goodwin addressed comments from citizen’s participation related to whether the Village would be obligated to keep the dam for a certain number of years if it accepted grant funds. He stated he had not encountered a situation where a dam repair was done and it was removed afterwards, as it would be unusual to invest funds for repair only to then remove it. There is nothing in the rules from the DNR that states a dam needs to be maintained for a specific number of years. He also discussed sediment questions. Motion by Trustee Renucci, second by Trustee Johnson, to allow for further citizen participation. Motion carried. Steve Rostkowksi, 2959 North Shore Dr., discussed sediment and water sheds. Steve Kuhl, 2905 North Shore Dr., questioned the current silt level and Mr. Goodwin responded that the assumption is that is almost at the maximum. Jan Rostkowski, 2959 North Shore Dr.; MaryAnn Rivers, 2007 Emery St.; John Krimpelbein, 3031 South St.; and Joyce Reed, 3057 South St. all asked question of Mr. Goodwin. Mr. Goodwin addressed many questions, including: • sediment • water shed flow • dam repair and removal options • dam maintenance  EAST TROY VILLAGE BOARD MINUTES December 4, 2017 Page 2 of 5 • cattail maintenance • 3D model scanning • dredging and maintenance • options for sediment management and removal • dam gates • either option, repair or removal, would be designed to withstand a 100-year flood • options such as hydraulic and mechanical dredging • storm sewer design • dewatering of the shores and the estimate of about five years • conversations with the DNR about sediment contamination levels; based on that discussion treatment will probably not be required. Mr. Goodwin explained that the dam requires maintenance, like any other piece of infrastructure. The inspections from the 1980s and from about 20 years ago are about the same and the requirements have remained fairly consistent for many years. He explained, the DNR has not been changing rules, but modifying them to keep up with needs. He explained the studies and maintenance that have been done in East Troy are very typical for dam ownership. Dredging was discussed and Trustee Johnson questioned if dredging was a need or a want and discussed a potential partnership with a lake district (a lake district has power of taxation and can own a dam. An association cannot tax and cannot own a dam). Any amount of dredging needs to be defined - if nothing is to be dredged, the cost is closer to removal, but if dredging is done that alone is estimated at $1.4 million to $2 million. Mr. Randal explained that maintenance dredging is not as expensive as dredging when it has not been done in a number of years. He stated as a community everybody needs to understand and realize that the dam will cost money and it will take money to maintain it. If it is desired to be a usable water source it would be best for the residents and Village to come to the table and find common ground. Trustee Johnson explained the repair options in comparison to the Village’s annual budget, with revenue just over $9 million dollars, which includes water and sewer revenue. He stated removing the water and sewer revenues, it is $4.8 million dollars of revenue. The capital projects fund for 2018 is $790,000 which covers items like sidewalks and roadwork. The General Fund for the vast majority of the services we provide to the community is $2.7 million dollars. He stated to put it in perspective, dredging and repair the cost is that of one year of our general operations. He explained, the Board understands that this is a large and expensive project and wants to make an informed decision. DPW Equitz has not heard back from the DNR on the request for extension but they are typically reasonable about granting extensions so he is optimistic. Gary Randal, Lynch and Associates, summarized the study proposal, explaining it would bring together all previous information related to the dam in addition to the new information from this study. They can take that information and build back what has been done over the years. All the data will be in a model can be looked at in different stages coupling with soil studies, and dredging requirements. In the future when the Village looks at the dam instead of spending money to re- gather the information they will have this to utilize. Part of the study cost will be to collect samples to estimate the amount of sediment, which will provide better answers.  EAST TROY VILLAGE BOARD MINUTES December 4, 2017 Page 3 of 5 Motion by Trustee Johnson, second by Trustee Alexander, to authorize DPW Equitz proceed with the scope of work for $22,500 for cross-sections and sampling and $8,000 for the scanning of the impoundment, up to $30,500. Advisory Vote – Motion carried; Village Board – Motion carried 6-1 with Trustee Jacoby voting no. a. Land assessment information provided for informational purposes Property ownership was discussed, which this is not a simple issue. More research will be required. 2. Consideration of aesthetic options for County Highway G Bridge Project DPW Equitz recently met with the County Engineer designing the Hwy G bridge and was asked if the Village would be interested in aesthetic options. The options allowed were discussed. The Board expressed a desire to have a matching railing on both sides of the bridge and directed DPW Equitz to see if that was an option. Motion by Trustee Johnson, second by Trustee Alger to authorize Jason up to $25,000 for the bridge railings. Advisory Vote – Motion carried; Village Board – Motion carried. 3. Consideration of Leaf Collection Options DPW Equitz looked at leaf collection options as directed by the Board. He has worked with John’s Disposal to add collection dates and did find a landscaper that would work with the Village on a per day basis to collect leaves. The second option is less favorable because of the unknowns. Residents would be asked to push leaves to the curb, but we do not know if it will take a day or three days to collect. He recommended extending pick up dates with John’s Disposal. Nate Austin, John’s Disposal, attended to discuss their service. They suggested changing the collection dates to Mondays so the residents have the weekend prior to bag leaves, put in compost bags and place by the street for five set dates in fall. There would be no limit to the number of bags per household. Discussion included the number of residents that have requested this service, whether people will bag leaves versus burning, additional pick up of brush/branches/grass, the less expensive option of using the paper versus plastic bags, and the possibility of closing the WWTP dump site to increase labor savings. Motion by Trustee Johnson, second by Trustee Jacoby, to approve proceeding with the additional five collections with John’s Disposal with the paper, compostable bags. Trustee Alexander questioned if five pickups were necessary. It was discussed a minimum of five pickups was quoted because the per residential unit rate drops at five. The Village would have six total, with one in spring and five in fall. The contract would be amended and the issue revisited to allow for adjusting the number of collections annually. Advisory Vote – Motion carried; Village Board – Motion carried 6-1, with Trustee Zess voting no. 4. Consideration of draft 3rd amendment to development agreement for Lake Bluff subdivision and related permit issues Attorney Pruitt reviewed the history and current issue with the Lake Bluff subdivision built by Bielinski Homes. Bielinski Homes is looking at finalizing phase one and starting phases two and three. This will require the final road work and repair of the curb and gutter in phase one. In order to determine what repairs are needed, Lynch and Associates suggested an immediate proof roll being done adjacent to the straight curb sections when the asphalt is removed and if it fails that  EAST TROY VILLAGE BOARD MINUTES December 4, 2017 Page 4 of 5 ten-foot section of curb and gutter would need to be removed. Curved sections would not be able to use this method and would need visual inspection. Village engineers have been working to identify standards for the curb replacement and sections that need to be repaired due to cracking or sinking or replaced due to chipping that exceeds ¼ inch in depth. Bielinski Homes may find it more cost effective to replace the work and we would like to include that option with specific standards in place. Attorney Pruitt sated he felt there had been a good faith effort on both sides to try and work this out. The proposed timeline is that the phase one asphalt and curb and gutter work would begin on or before May 15, 2018, and be completed before August 30, 2018. The cost for this work is still unknown. A little over $500,000 in surety bonds remain for this project. Once they get estimates it will be determined if the bonds need to be increased. This amendment would remove the current requirement of not allowing the developer to put in the final course of asphalt until 90% of the homes were built because going forward in future phases the whole road would be constructed at the same time due to new legislation in 2014. The statutory amendment reduced the Village’s authority with respect to security it may require from developer. Now municipalities can keep security for only 14 months from substantial completion, which is defined in the statutes as completion of the binder course. The municipality has the right to accept or decline the road at the end of construction. Concerns were expressed that the agreement has no penalty if the work is not completed on time. Attorney Pruitt explained since this is an old agreement we have the security in place in the form of surety bonds, which may be sufficient to complete work. The Village has the right to require further bond amounts to cover the work for this phase. Attorney Pruitt suggested going forward developer’s agreements address possible road damage by including a requirement of a cash bond to be deposited of a sufficient amount and then have a procedure to take pictures or video of the roadway asphalt once a building permit is pulled to be used for comparison of any damage. The cash bond can be used to cover any repairs that are necessary. Gary Randle, Lynch and Associates, encouraged the use of permitting as an enforcement tool in the future rather than using the developer’s agreement as an enforcement tool. Attorney Pruitt explained there are some loose ends that need to be addressed to finalize this agreement (reimbursement and finalizing the costs for engineering and legal services). He explained, Bielinski has two building permits and one occupancy permit that they would like issued. Attorney Pruitt stated he feels they are on the path to resolving this with a plan of action. He stated they will have an updated estimate by the end of the week and will have an idea at the next board meeting of the costs to finalize the subdivision as well as known costs requiring reimbursement to the Village by Bielinski Homes to date. He recommended releasing the two building permits and one occupancy permit, but would not ask the Board to take specific action on the agreement until it is brought back. Concern was expressed to the representative of Bielinski Homes regarding the length of time that the issue has been discussed without a response from them. The Board discussed their preference to see a finalized document prior to releasing permits. Direction was for Bielinski Homes to provide the required information to Attorney Pruitt so that he may finalize the agreement for Board review.  EAST TROY VILLAGE BOARD MINUTES December 4, 2017 Page 5 of 5 Ordinances & Resolutions 1. 2017-17 Repeal Ord. 362-5 Reservation of Park Space Motion by Trustee Renucci, second by Trustee Alexander, to approve Ord. 2017-17. Advisory Vote – Motion carried; Village Board – Motion carried. 2. 2017-18 Amendment to Parking Regulations to allow parking in the municipal parking lot off of the square between the hours of 5:00 a.m. and 6:00 a.m. without an overnight parking permit Motion by Trustee Johnson to approve Ord. 2017-18. Trustee Johnson withdrew the motion prior to a second. Discussed the parking lot in the ordinance was not identified correctly. Motion by Trustee Johnson, second by Trustee Alexander to table. Advisory Vote – Motion carried; Village Board – Motion carried. Reports 1. East Troy Area EMS Minutes – 10/17/17 – Trustee Johnson reported Trustee Renucci, President Seager, Administrator Suhm and he attended a meeting of the four municipalities served by the East Troy Area EMS to review the agreement. The core agreement dates back to 1992 and there have been a number of amendments. The Board received a copy of the complete document. He reported over next two months the district board will put together revisions. Discussed concerns raised about voting rights and distribution of those voting rights during the joint meeting. The group will meet again February 27. Closed session 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 development) Motion by President Seager, second by Trustee Alexander to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(e) to conduct other specified public business, whenever, competitive or bargaining reasons require a closed session (potential development). Motion carried on 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 Trustee Johnson, second by Trustee Renucci, to authorize Administrator Suhm to execute the Graef work order for $16,500. Motion carried. Adjourn Motion by Trustee Jacoby, second by Trustee Alexander to adjourn at 10:14 p.m. Motion carried. Respectfully Submitted, Eileen Suhm - Administrator