Village Board

EAST TROY VILLAGE BOARD MINUTES June 4, 2018 Page 1 of 6 Call Meeting to Order; Pledge of Allegiance Deputy Clerk Alexander verified the meeting was posted according to law. Roll Call: Deputy Clerk Alexander called the meeting to order at 6:30 p.m. Present: Trustees John Alexander, Alexander Alger, Alan Boyes, John J. Jacoby, Matt Johnson and Forty Renucci Excused: President Seager, Administrator Suhm Others: Chief Swendrowski, DPW Director Equitz, Deputy Clerk Alexander, Attorney Pruitt Motion by Trustee Alexander, second by Trustee Renucci, to appoint Trustee Johnson as chairperson. Motion carried. Citizen Participation: None 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 – 5/21/2018 2. Operator’s Licenses – Consider approval of 2018-2020 New and Renewal Licenses per attached list – per contingencies noted 3. Liquor Licenses - Consider approval of 2018-19 Liquor Licenses for Class A & B Beer, Class A & B Combination, Class C Wine, (all subject to D.O.R. compliance for payments), per attached list – per contingencies noted 4. Consider approval of East Troy Chamber of Commerce, First Fridays Family Fun Night Square Takeover, July 6, 2018, 5 pm to 8 pm, Vanessa Lenz, Chamber Director, Event Chairperson. a. Consider approval of Temporary Class B Beer License for the East Troy Chamber of Commerce First Fridays Family Fun Night Square Takeover, July 6, 2018, 5 pm to 8 pm, Vanessa Lenz, Chamber Director, Event Chairperson. 5. Consider approval of Permits for East Troy Lions Club 4th of July Celebration from June 28 to July 1, 2018: a. Special Event Permit (June 28 to July 1, 2018) for Rossmiller Park (East Troy Amusement Park), 3090 Graydon Ave. Food Stands, Grandstand, ball fields and fields for carnival, food sales, ball games, kiddie parade, music/beer tent, car show, truck/tractor pull, petting zoo, Wayne the Wizard, Gong Show, main parade, fireworks, raffle, children’s pedal tractor pull, wrist wrestling, dart tournament, etc. with Graydon Ave. closed from West St. to Bellview Ave. b. Temporary Class “B” License for June 28 to July 1, 2018 (beer tent, Grandstand (June 30, 2018), tractor pulls and ball games). (Contingent upon receiving insurance certificate) c. Parade Permit (July 1, 11am – 3 pm) Route map attached i. Announcements on Village Square from Gazebo d. Fireworks Permit (July 1, dusk) (Contingent upon receiving insurance certificate) Motion by Trustee Alexander, second by Trustee Alger, to approve the consent agenda. Motion carried.  EAST TROY VILLAGE BOARD MINUTES June 4, 2018 Page 2 of 6 Miscellaneous Business 1. Consider approval of maintenance of the TJ Properties Retention Pond on Energy Dr. Atty. Pruitt provided history of the retention pond and explained that in 2002 the Village did public project converting a private stormwater retention pond to a regional retention pond and costs were paid for by the benefiting property owners. In conjunction with that a permanent maintenance responsibility was placed on the Village with necessary easements and access easements to maintain the pond. The Village has performed maintenance in the past but there has been no consistent maintenance of the pond and surrounding property. The Village held a Public Informational Meeting with property owners potentially impacted by this project and at that time Village engineers reviewed properties having drainage to the pond and discovered that about six acres of public right-of-way also discharge to the pond. Atty. Pruitt’s opinion is that the Village has maintenance responsibility for the pond based on the 2002 agreement. DPW Equitz explained that previous legal opinion was that the Village should not maintain the pond until the Village took ownership of the pond and that has not happened. When Atty. Pruitt became the Village council he was asked for his opinion. Due to this new legal opinion DPW Equitz explained that the Village has not engaged in maintenance since prior to 2010 and it is very overgrown. DPW could do the work to clear the property but going forward to accommodate regular mowing there would need to be additional work done because the pond was not designed to specifications that we would build upon and the banks are too steep to safely mow. DPW Equitz suggested a future capital project to line the banks with rip rap to avoid mowing he has a preliminary estimate for this work but feels it is high and there is the possibility dredging could be needed in the future. It was asked if the property owners have any responsibility in maintaining the property access. Atty. Pruitt explained that condo properties have shared responsibility to pay toward maintenance of common areas which include the pond and access to the pond. Discussion included the responsibility of maintenance of the access to the pond and the property adjacent to the pond, the cost of on-going maintenance of stabilizing the banks as well as regular mowing, the possibility of charging the benefiting property owners a portion of the project costs and exploring options for stormwater that do not use this pond. The Village benefits for stormwater discharge at the pond and is responsible for maintenance of the pond however the Village doesn’t hold all financial responsibility. To determine the actual division of responsibility there would need to be survey work to determine the benefiting properties. Engineer Nunn stated that are about 15 benefiting properties, assuming the original benefiting properties are included. It was recommended that a map would be helpful to identify these properties.  EAST TROY VILLAGE BOARD MINUTES June 4, 2018 Page 3 of 6 Direction was given that a proposal for potential alternate sites and a determination of the benefitting properties be done and brought back to the Board for review. 2. Consider approval of cost of streetlight relocation in conjunction with Highway G Bridge This work was expected but it was not expected that the Village would be invoiced for the work. The utilities needed to be moved for the bridge project and the streetlights have been relocated to the new poles. Motion by Trustee Alexander, seconded by Trustee Boyes, to approve the payment of $2,327.00 to move the lights from the general fund. Motion carried. 3. Update on status airport farm lease and consideration of termination of current lease and re-bidding of the airport farm lease DPW Equitz explained that the current lease holder for farming the farmland at the airport holds a 3-year lease and 2018 would be year two. The December payment was not made and both written and phone call attempts to contact the lease holder went unanswered. Atty. Pruitt sent a letter to the lease holder who then contacted the office. The lease holder has not paid or planted for the first half of 2018 due to health issues. At this time, he has broken the lease. DPW Equitz has had some interest from other parties and suggested re-bidding the lease. It is possible that another party may be able to still plant winter wheat which would provide some income from this land for 2018. The current lease holder has had no benefit from the lease in 2018 because he has not been able to plant and current legal fees for this situation are about $336.00. Atty. Pruitt explained options. Additional legal fees are estimated to include processing the termination and drafting a new lease for re-bidding the lease. Additional costs would include the Village staff handling weed control. Motion by Trustee Jacoby, seconded by Trustee Johnson, to terminate the existing lease by agreement that will absolve the outstanding invoice and penalties if the existing lease holder agrees to make the Village whole for legal fees incurred and to be incurred and once he signs off on that agreement and the Village will re-bid the lease. Motion carried. Final direction to staff is that if there is no response by July 1 bring item back to the Board to consider proceeding to file an Unofficial Eviction with a 30-day notice. 4. Consider approval of closing the contract for Square water main project and final payment DPW Equitz reported that the Square project is virtually done with only a few minor punch list items. The project went well and the contractor was great and very helpful. There were some changes and overages at the end of the project. One issue was that there were some underground utilities that were not where they were expected due to lack of documentation from the installations in the 20’s and 30’s, and on Church the trenches were deeper and wider than anticipated. Engineer Nunn explained her spreadsheet recap of materials used. DPW Equitz explained that this new construction is being entered into our GIS systems so that there will be better information going forward. Trustee Johnson pointed out that the $22,478.00 overage  EAST TROY VILLAGE BOARD MINUTES June 4, 2018 Page 4 of 6 equates to a 2.3% overage on a project of almost one-million-dollar project. DPW Equitz explained that there had been some issues with businesses on the Square that experienced problems with their water fixtures due to a water main break and he will bring those damages to the Board when all invoices are submitted. He expects that damage amount to be about $1,000.00. DPW Equitz also explained that while the cost of the removal of the 3 underground storage tanks that were found was not included in this overage, the removal of those tanks was accomplished under the approved amount allowed for that removal project. DPW Equitz was very complimentary and thanked Engineer Nunn, Tia - the on-site inspector, all the Lynch staff and the contractor. He expressed that we had “made our community just a little bit better”. Motion by Trustee Alexander, second by Trustee Jacoby, to approve final payment to Globe for $947,228.03 for the Square Water Main Project. Update on the tank removal – Friday afternoon, June 1, DPW Equitz received the all clear on the removal and the project came in at $17,600.00 which was under budgeted amount. Ordinances & Resolutions 1. Resolution 2018-17 – Resolution designating authorized representative for financial assistance from State of Wisconsin Environmental Improvement Fund (Clean Water Loan Fund for South Street Lift Station Borrowing) Appoints Administrator Suhm as the representative for questions on the loan. Motion by Trustee Alexander, second by Trustee Alger, to approve Resolution 2018-17. Motion carried. 2. Resolution 2018-18 – Approving 2017 Compliance Maintenance Annual Report (CMAR) DPW Equitz explained that this is the “Wastewater Report Card” and is a reporting done to the DNR. The financial low rating was because we have not reviewed sewer rates within the last three years and that will be completed by the end of 2018. Motion by Trustee Johnson, second by Trustee Alexander, to approve Resolution 2018-18. Motion carried. 3. Ordinance 2018-06 - Approving amendments to Section 289-4(B) and 289-5(B) relating to the regulation of length of lawn and grasses on Village-owned properties Atty. Pruitt explained that the goal was to allow the grass at the Airport to grow longer to then be cut and baled and the question arose whether to allow the longer grass length only at the airport or to include all Village properties. The proposed ordinance amends two areas of the code. He also pointed out that if this is passed our zoning code would also need to be addressed as it specifies the cultivation of hay require a conditional use so that would be another step to go through unless the zoning code is amended and that would require a public hearing.  EAST TROY VILLAGE BOARD MINUTES June 4, 2018 Page 5 of 6 Trustee Boyes expressed his opinion that this is not a good idea because government should not change laws to benefit themselves. While he recognized the reasons for the ordinance he doesn’t feel this is the way to solve the problem and is also concerned that there are no height limits. DPW Equitz explained that the ordinance stems from the issues found at the airport and is an attempt to save time and money. Trustee Boyes recognized the DPW staff work but expressed that he did not feel the ordinance was fairly treating everyone. DPW Equitz explained that the recent airport managers contract was written with the intent to make this change. Without it there may be additional work for DPW staff. Trustee Jacoby also didn’t like the ordinance and felt longer grass would create more hazards at the airport. He also asked that as the Village has acquired additional land, when will it require additional staff to accommodate mowing. It was pointed out that those lands are currently being farmed. Trustee Johnson questioned if the Village should be applying for natural lawn permit for these areas. Trustee Renucci pointed out that natural lawn permits allow for no grass cutting during the year. Motion by Trustee Johnson, second by Trustee Alexander, to table until more direction is available regarding the termination of the airport farm lease and the mowing at the airport and to provide staff time to provide information on the questions and concerns raised here. Roll call vote: Trustee Johnson Y Trustee Alexander Y Trustee Renucci Y Trustee Alger Y Trustee Boyes Y Trustee Jacoby Y 4. Ordinance 2018-05 - Recommendation from Plan Commission to approve ordinance adding compliance with FAA stormwater regulations within 10,000 feet of the airport to chapter 483 of the Municipal Code (from 5/21/18 Village Board meeting) Engineer Nunn explained that the FAA Advisory Circular that had been questioned is currently in draft form and the language in the ordinance states that the most current document should be considered so if Circular 43C is adopted it would apply. Another question was asked about existing stormwater ponds and if they would need to comply. The circular was included in the packet materials and has extensive descriptions of the different types of ponds. Engineer Nunn summarized the language that existing ponds that are not causing problems will require no action, however should a problem arise in the future the municipality has authority to require corrective action. Regarding the dam impoundment the language does not specifically prohibit the pond but does encourage working with the FAA for direction on changes in land use. Engineer Nunn recommended once the decision is  EAST TROY VILLAGE BOARD MINUTES June 4, 2018 Page 6 of 6 made regarding the impoundment the Village reach out to the FAA to inform them of the decision. Motion by Trustee Alexander, second by Trustee Boyes, to approve Ordinance 2018-05. Motion carried. Reports 1. ET Area Emergency Services District – Annual Meeting Minutes 5/23/2017 2. ET Area Emergency Services District –Meeting Minutes 4/24/2018 Adjourn Motion by Trustee Alexander, second by Trustee Jacoby, to adjourn at 7:48 pm. Motion carried. Respectfully Submitted, Lorri Alexander Deputy Clerk