Village Board

EAST TROY VILLAGE BOARD MINUTES February 5, 2018 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 and Forty Renucci Excused: Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Pruitt Youth in Government Representative Taylor Grenier Citizen Participation Steve Rostkowski, 2959 North Shore Drive, spoke as a representative of the Lake Association. He reviewed the Association mission statement as well as the history of the work of the Association to enhance and preserve the dam and the lake and how they have assisted and partnered with the Village in efforts to do the same. He also discussed the future development possibilities of this area for the Village. Ivan TeLindert, 2989 South Street, questioned the completeness and accuracy of the reported repair costs. Questioned the wisdom of removing the dam as he feels it is an asset to the community. Commented on the process of changing ownership of the dam, whether a Lake District would even be feasible and that owning, operating and maintaining a dam is a complex situation and most owners need training and guidance. Jan Rostkowski, 2959 North Shore Drive, discussed the history of inspections and repairs of the dam and urged the dam be repaired and the lake restored. Craig Campbell, 2965 South Street, addressed property values along the lake. Within the last 20 years his property value has increased $100,000 and his initial bank appraisal stated due to proximity of water the property would appreciate quicker than a property not in proximity to the water. Bernie Rivers, 2007 Emery Street, encouraged making an informed, unintimidated, decision keeping in mind that there are 4000+ people in the Village, on both sides of the issue. David Swanson, 3035 South Street, asked the Board to keep in mind when making an informed decision, there is a large portion of residents that are uninformed on this topic. This is an involved issue and the decision needs to be made that works for everyone in the Village and that will come from being fully informed. Stephen Lambrechts, 3237 Douglas St, stated that he understands the original need for the dam when it was constructed but feels that need has passed, he has heard arguments that there is a need for the water from the lake to fight fires but the Village is upgrading water mains on the Square which should supply adequate water source for safety. He has also heard the argument  EAST TROY VILLAGE BOARD MINUTES February 5, 2018 Page 2 of 7 regarding home values but if these homes are paying the same amount of taxes as similar homes of value, size and age in other parts of the Village and receiving the benefit of being located near the lake he suggested being specially assessed for maintenance of the dam. He addressed this an opportunity to return the stream to a natural state with financial assistance from the State. He thanked the Board for their service and stated he related to the need to do what is right for the community even if it does not please everybody, as he serves on the School Board. 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 – 1/15/2018 2. Operator’s Licenses – Neosys Macea 3. Consider approval of Special Event Application for Cream City Cycle Club, bike ride rest stop August 26, 2018 on Village Square Motion by Trustee Alexander, second by Trustee Johnson to approve the consent agenda. Advisory Vote – Motion carried. Village Board – Motion carried. Miscellaneous Business 1. Consider request for direction on the Dam Grant DPW Equitz stated staff is looking for direction on applying for the dam grant. He referred to draft applications, which were included in the packet, stating the scores are very similar. In the past it has been stated there would be a better score for removal grant, but that is not necessarily the case. Engineer Nunn reviewed the scoring criteria, noting the repair grant received 10 more points than the removal grant. She stated during the last funding cycle there were 26 applications and 25 received funding. The funding awarded really comes down to how many owners submit for a grant funds and the costs associated. a. Discussion related to repair costs to taxpayers Trustee Johnson reviewed the memo provided by Administrator Suhm. He reviewed fund balance and options to potentially fund up to $300,000 and not issue bonds. He and other Board members also expressed concerns regarding continued maintenance and the need to determine if a Lake District would be formed to assist with continued maintenance if repair work is done. The need to work together and figure out a maintenance schedule, processes and the burden of the associated costs was discussed. President Seager reviewed prior history of the Lake Association and efforts to form a Lake District for dam responsibility in 1999 and 2004. The Board also discussed with a grant cycle of every two years if the repair grant is not awarded, they could request another extension from the DNR and apply for either a repair or removal grant during the next grant funding cycle. If the Village would end up in a situation where they are awaiting another two-year grant cycle this could be an appropriate time to review the potential of proceeding with an aquatic species grant application to address the cattails/weeds. If the Village does proceed with the repair work it would not ensue until Spring 2019.  EAST TROY VILLAGE BOARD MINUTES February 5, 2018 Page 3 of 7 The Board also addressed some concerns expressed via e-mail by Lake Association members questioning why the Village is not pursuing stoplogs versus gates to save money. The Board discussed gates are necessary due to employee safety concerns. In addition, if a new mechanism other than gates is installed to remove stoplogs it would still require an employee to be on the dam area during dangerous water levels. This would continue the inability to remove stop logs during times of high waters and result in potential flooding. In addition, it could result in the Dam not passing flooding requirements with the DNR. Motion by President Seager, second by Trustee Johnson to apply for the repair grant. Trustee Renucci questioned if the Village is still reviewing whether there is an option to do something that does not impact tax bills. It was clarified the Village still has the option to repair or remove. In addition, it was discussed there will need to be a plan in place for maintenance so the situation does not recur. DPW Equitz reminded the Board by approving applying for the repair grant a $13,000 flood study will need to be performed, however, they will be suspending the more expensive study that was required for removal at this time. Advisory – Motion carried. Village Board – Motion carried. b. Discussion related to property ownership in flowage area In response to prior questions related to ownership of the flowage area, Attorney Pruitt reviewed a Wisconsin Supreme Court decision issued 13 days ago (Movrich v. Lobermeier January 23, 2018). He stated from reviewing the decisions it can be determined these issues are very fact intensive and there is no steadfast rule. If a stream is navigable, riparian owners own to the center of the stream. When there is a dam, riparian owners still own to the center of a streambed. However, the Village will also need to look back to when the dam was created and whether somebody maintained flowage rights. The dam in East Troy was constructed in 1840, which makes the situation less clear. At that time, it was only supposed to apply to non-navigable streams and now it is considered a navigable body of water. In addition, a subdivision was created and the original title may have gone to the center of the stream, but now owners that have bought lots in the subdivision have a legal description that may conflict with this. Based on this information, it is a situation that will require investment of time and money to determine who owns the land should the dam be removed. He stated, it would be helpful if we could obtain more information on flowage rights from when the dam was created in 1840. In addition, land records between 1840 and the 1950s, up to when the subdivisions were created, will need to be reviewed because many of the legal descriptions refer to subdivision plats. 2. Consideration of Awarding Bid for Lift Station Will Hein from Applied Tech was present to address any questions. DPW Equitz reported he had checked on references for the lowest bidder, August Winters and Sons, and feels the bid can be awarded. He discussed the project is over the budgeted amount. However, the intent is borrowing for the project through the Clean Water Loan Fund.  EAST TROY VILLAGE BOARD MINUTES February 5, 2018 Page 4 of 7 Motion by Trustee Alexander, second by Trustee Johnson to award the south street lift station project to August Winters and Sons for $1,022,000 and approve the construction related services proposal from Applied for $58,800. Advisory Vote – Motion carried Village Board – Motion carried. a. Scopes of engagement for financial services and bond counsel to provide financial services related to Clean Water Loan Fund borrowing for the lift station project Motion by President Seager, second by Trustee Johnson to approve the scopes of engagement for financial services and bond counsel. Advisory Vote – Motion carried. Village Board – Motion carried. b. Consideration of Resolution 2018-02 – Reimbursement Resolution (allows project expenditures prior to receiving borrowing proceeds to be reimbursed by borrowing) Motion by Trustee Johnson, second Alexander to approve Resolution 2018-02. Advisory Vote – Motion carried. Village Board – Motion carried. 3. Consideration of request for extension of lease from the East Troy Food Pantry, Inc. Staff had no concerns. Staff reported no concerns with renewing the lease. Motion by Trustee Renucci, second by Trustee Alexander to approve the lease. Advisory Vote – Motion carried. Village Board – Motion carried. 4. Holiday Decorating Committee Update (Kaplan) Linda Kaplan reported the holiday committee met and discussed the snowflake decorations. They preferred three styles of snowflakes. She stated she was looking for direction on whether the quote provided was acceptable. The next step would be to enter into an agreement with We Energies. Once the electric has been provided on pole, the Village can mount the brackets on the pole and install decorations. The total cost for electric, snowflake decorations and banners was less than the budgeted amount. Motion by President Seager, second by Trustee Alexander to approve the purchase of the items to gain the 33% discount. Second by Trustee Alexander. Advisory Vote – Motion carried Village Board – Motion carried. 5. Consideration of proposals for prosecution services (from 12/18 and 1/15 Village Board meetings) (Refer to 12/18/17 Packet for additional Materials) Administrator Suhm reported Attorney Ron English of Hippenmeyer, Riley, Blum, Schmitzer, Fabian & English had been in direct contact with Judge Cotter as well as Chief Swendrowski and Clerk of Courts Alesha Froelich. The initial appearance and juvenile nights have been switched beginning in March and there were not concerns about scheduling conflicts.  EAST TROY VILLAGE BOARD MINUTES February 5, 2018 Page 5 of 7 Motion by Trustee Johnson, second by Trustee Alexander to approve Hippenmeyer, Riley, Blum, Schmitzer, Fabian & English for prosecuting attorney services. Advisory vote – Motion carried. Village Board – Motion carried. 6. Direction to East Troy Area Emergency Services District representative (Trustee Johnson) related to the review of and provisions within the agreement Trustee Johnson reviewed the changes to the agreement and items he was seeking direction from the Board on, which included: Fire Chief voting rights: Trustee Johnson explained the district believes this should remain in the agreement. The Chief cannot vote on budgets or emergency assessments. The reason the district favors this is the volunteer firefighters have expressed a desire to keep this provision because they feel he serves as a voice for the volunteer squad. The Board agreed to leave this provision in the agreement. Commissioners being elected officials: The Board agreed this is difficult for municipalities with a three-member board and it should not be required that commissioners are elected officials. Substitutions: Discussed substitutions should be allowed when Commissioners cannot attend, but this individual should be authorized by the governing body of the municipality and the district notified of the substitute prior to the individual serving as a substitute. Votes apportionment: The Board discussed keeping the voting rights based on property value. Also discussed the option of providing per-call basis billing to the smaller municipalities with one vote. Adjusting quorum restrictions: With the vote apportionment, it is not able to be modified to prevent a quorum when only two people are present unless each municipality gets the number of representatives as votes. Discussed it would be difficult to find numerous people to serve on the commission. This was not modified. Discussed the issues with requiring two signatures on checks and contracts because of voting apportionment and quorum issues. Trustee Johnson wondered if this could be modified so it is not a quorum when conducting routine matters such as signing checks or contracts. He stated he would discuss these matters with the auditors. He also expressed a desire to increase the percentage of contingency funds due to cash flow issues at the beginning of each year when the worker’s compensation premium is due. 7. Consideration of DPW vehicle purchase DPW Equitz reported the 2018 capital budget included replacement of a 2005 pickup truck. He obtained the quote through State of Wisconsin vehicle purchasing program, which is the program utilized for purchasing squad cars. Motion by Trustee Johnson, second by Trustee Alger to approve purchase of the pickup truck. Advisory vote – Motion carried. Village Board – Motion carried. 8. Consideration of Utilities Administrative Intern  EAST TROY VILLAGE BOARD MINUTES February 5, 2018 Page 6 of 7 DPW Equitz explained he was approached about a potential internship by a college student that lives in the community. He explained administratively he could use assistance with the GIS system. He also stated he thought this was a way to promote this industry because the student has an interest in wastewater. She was only seeking a 40-hour internship to meet her graduation requirements. The Board discussed if the internship goes well, it may be good to develop a relationship with the University. DPW Equitz asked for Board direction on future intern inquires for positions within his department and others within the Village and what they would like to see as an approval process. Trustee Jacoby expressed he would like to see more internships across the board. Board members discussed they would like to see information in Department Head reports. The consensus was unless a department is hiring an intern for a six-month long 40-hour a week position, they had the authority to approve provided the cost can be covered in the budget. Attorney Pruitt advised if the Village develops an ongoing relationship with an educational institution he would recommend a clinical affiliation agreement. This would require some level of insurance coverage on behalf of the university. He forwarded the template to staff. Ordinances & Resolutions 1. Resolution 2018-01 – Preliminary resolution declaring intent to levy special assessments for sanitary sewer lateral improvements for properties abutting Church Street between School Street and Austin Street Motion by Trustee Renucci, Second by Trustee Alexander to approve Resolution 2018-01. Advisory Vote – Motion carried. Village Board – Motion carried. Engineer Nunn stated the resolution includes direction to her to prepare report. She will get that to Administrator Suhm. With the report we need to state how assessments will be structured. Administrator Suhm advised the several have been 10 years at 2% interest. Reports 1. Airport Annual Fuel Farm Totals – Trustee Jacoby stated he has attended one meeting. He took a tour and learned a lot about the airport. 2. Parks & Recreation Board Minutes – 11/13/2017 3. Room Tax History Report 4. ET Area EMS Minutes – 12/19/2017 5. ET Area EMS Financial Statements – Trustee Johnson reported 2016 audit was late due to the change in the clerk’s position. The main findings in the report are a lot of the same things such as segregation of duties, which is difficult due to staff size. There was an adjusting entry for capital assets that have been disposed of and a new process is in place for tracking capital assets. Closed session 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 and property purchase).  EAST TROY VILLAGE BOARD MINUTES February 5, 2018 Page 7 of 7 Motion by President Seager, second by Trustee Johnson 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 and property purchase). Trustee Johnson Y Trustee Renucci Y President Seager Y Trustee Alexander Y Trustee Alger Y Trustee Jacoby Y Reconvene in Open Session Possible action on closed session matters Motion by Trustee Johnson, second by Trustee Alger to accept the draft offer for purchase to MLG for the two parcels and authorize staff and counsel to make minor modifications necessary to document while maintaining the substance as presented. Motion carried. Motion by Trustee Johnson, second by Trustee Alexander to begin the process to detach the four to six properties north of Honey Creek Road from TIF 3 for inclusion in the new potential TID 4. Motion carried. Adjourn Motion by Trustee Johnson, second by Trustee Alexander to adjourn at 9:58 p.m. Motion carried. Respectfully Submitted, Eileen Suhm Administrator Clerk/Treasurer