Village Board

EAST TROY VILLAGE BOARD MINUTES Packet materials associated with August 6, 2018 this meeting can be located at www.easttroywi.gov Page 1 of 5 Call Meeting to Order; Pledge of Allegiance Deputy Clerk Alexander 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, Alan Boyes, John J. Jacoby, Matt Johnson and Forty Renucci Excused: Others: Chief Swendrowski, DPW Director Equitz, Deputy Clerk Alexander, Attorney Pruitt Citizen Participation No citizen participation. 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 – 7/16/2018 and 7/23/2018 COW 2. Operator’s Licenses – Raime A. Townsend, Barbara L. Jones 3. Liquor License - Consider approval of Reserve “Class B” Combination License for East Troy Brewery Co., premises located at 2905 Main St., known as East Troy Brewery Co., Brent Fiedor, Agent (contingent upon payment of fees) 4. Consider approval of Parade Permit for High School Homecoming Parade, September 28, 2018, 1:30 – 2:30 p.m. (This event will coincide with the Farmers Market – both applicants are aware and have approved) 5. Consider approval of Parade Permit for ET High School Cross Country 5K Run, “Your Theme for Our Team”, August 18, 2018, 8:45 am to 10:00 am, route attached, to use a Police Department “rolling” start and finish. (contingent upon receipt of fees) 6. Consideration of request to utilize funds set aside for computer upgrades in the municipal building (Police, Admin, Court, DPW Director, Building Inspector and Park and Rec Director) Motion by Trustee Alexander, second by Trustee Jacoby, to approve the consent agenda. Motion carried. Miscellaneous Business 1. Discussion/Consideration of library capital budget requests for 2019 Library Director Gartman presented his capital budget for consideration for the 2019 budget. Motion by Trustee Boyes, second by Trustee Alexander, to approve – motion was  then withdrawn as a point of procedure as this capital budget information was only being submitted for consideration during 2019 budget discussions. 2. Consideration of awarding bid for sanitary sewer location to 2905 Main Street and discussion/consideration of private portion of project The bids for both the public and private portions of the project were received and came in higher than expected, probably due to the timing. In order to accommodate the private portion of this project Attorney Pruitt suggested drafting an Assessment Agreement that the property owners would sign, waiving their right to a Public Hearing and agreeing to be assessed for the private portion of the project. DPW Equitz stated that the low bid was $75,835 by Bradford Construction and $55,715 was the public portion and $20,120 was the private portion. The Village would extend the same payment options as offered to other property owners with the improvements that were done on the east side of the Square. Motion by President Seager, second by Trustee Johnson, to have the property owner, Ted Zess, speak. Motion carried. Ted Zess stated that they agreed with the proposed agreement. Motion by Trustee Johnson, second by Trustee Jacoby, to approve awarding the bid to Bradford in the amount of $75,835 contingent on the property owners waiving the public hearing and agreeing to the private portion subject to the same payment terms as offered to the other business owners on the Square. Motion carried. 3. Consideration of Union Street storm sewer extension project DPW Equitz explained that this is a storm sewer project at the rear of 2888, 2886, 2892 and 2894 Main St. on Union St. Kinove is planning to redevelop the area of the rear parking to tie in roof drains and re-do the parking lots. They have received Plan Commission approval however one of the issues the Plan Commission was concerned with was storm water runoff. They plan was install drains that tie in to an inlet that would bubble over and allow the water to run down the road. After review by the Village Engineer it was felt that this plan isn’t the best answer and would potentially cause more problems, especially being on the north side with little sun and in the winter there are icy conditions. The storm sewer extension wouldn’t answer all the problems but does have value to the Village by connecting the private drains and runoff from the parking areas to the installed inlets and then the Village would add a couple additional inlets to deal with storm water and runoff on Union St. If the Board approves this plan DPW Equitz would like to bid this project as soon as possible. He has concerns that this project may come in with a cost greater than expected, again due to the timing, but would like to get firm price. This would be a Village project within the Village right of way with no private components. Atty. Pruitt explained that an Obstruction Agreement with Kinove is in process. Discussion then included this being a redevelopment project, investing in the infrastructure on the Square, benefiting properties and the possibility of an option for cost sharing with the property owners. Engineer Nunn explained that the bid could be written with a split completion dates.  Motion by Trustee Johnson, second by Trustee Alexander, to have DPW Equitz put this project out for bid with the split construction dates of 10/31/2018 and 5/31/2019. Motion carried. 4. Consideration of request by Mr. Richard Huebner for sewer credit Mr. Huebner was present and addressed the Board requesting he receive a credit from the sewer fund for the corrected water billing he received as he felt the charge was unjust. Attorney Pruitt expressed unease at the suggestion to dip in to the sewer fund to pay a water fund obligation. The bill was for water that was used, and the Village followed the procedure required by the Public Service Commission (PSC) in back billing the rate error. Trustee Johnson expressed concern of possible audit issues if this was considered. He has spoken with Administration and procedures are in place to prevent future errors. There is no dispute that the quantity of water was used, this is the lawful rate, no one else has requested such a credit and all 17 affected customers need to be treated fairly. Mr. Huebner expressed his concern that the error continued for so long and his opinion that it is poor business practice. Trustee Johnson empathized with Mr. Huebner but felt that everyone receiving a back bill needed to be treated the same. Trustee Renucci expressed his opinion that the Village should consider a credit for these billings. The discussion covered the points that the billings were for water that had been used but billed at in incorrect rate, that that deferred payments options were offered and that this affected 17 multi-family customers for a total amount of about $30,000. Motion by President Seager, second by Trustee Boyes, to deny the request for credit. Motion carried, 5 to 2, with Trustees Jacoby and Renucci voting no. 5. Consideration of appointments to Dam Committee The question was asked if a committee should even be formed at this point for this issue. President Seager reviewed the original purpose of the committee to look at the entire area, future needs, impact on the community and investment – including the dam itself. Several Trustees express their concern on the lack of diversity in the applicants for the committee and if that would result in the decision being brought back to the Board for a final decision anyway. A suggestion was made to table the formation of the committee, schedule a decision by the Village Board for the next meeting and then form a committee to consider the remaining planning items for the development of the area (such as cattail management, dredging and the former Trent Tube property). Trustee Boyes expressed his concern that the Board decision needs to be an ongoing project from “day one” to ensure that more will be done than just the decision on the dam. The timeline and deadlines were discussed and if a decision was made at the August 20 meeting, with the deadlines in mind. Engineer Nunn asked if the Board would like to see cost options for some of the aesthetic points and the decision deadlines at the August 20 meeting. Motion by Trustee Jacoby, second by Trustee Johnson, to table the formation of the Dam Committee. Motion carried. Direction to staff was to include this topic and decision on the August 20 Board agenda. Direction to Lynch & Assoc. to bring costs for options to the August 20 Board meeting. Trustee Jacoby thanked the citizens who had submitted letters of interest to serve on the committee.  6. Consideration of appointments to ad hoc committee for CDA (Community Development Authority) Attorney Pruitt explained the purpose of the proposed ad hoc committee for the CDA to discuss and set goals and assist in drawing the agreement for the CDA so that once the CDA was formed they members could “hit the ground running” with a plan and direction. President Seager reviewed the suggested number of members (5-7) and the backgrounds of the committee members as presented by Graef. Trustee Jacoby appreciated Administrator Suhm’s offer to work with the committee to start this process as he sees this opportunity as a “knowledge transfer” from Administrator Suhm to the committee. Trustee Jacoby volunteered to work with the committee. As President Seager has the authority to appoint members to this committee he will put together a committee and bring it back to the Board at the next meeting for review. 7. Consideration of retainer letter for Attorney Lawrie Kobza, Boardman Clark, for services related to water utility rate case Attorney Pruitt explained that during discussions with the Public Service Commission (PSC) it was indicated that our pending rate case may go to a hearing. John Cameron, Ehlers, suggested that the Village consider working with Atty. Kobza in this matter as this is her specialty area of law. DPW Equitz explained that the Village is one of the first municipalities to go through this process including the issue of impact fees. Atty. Pruitt discussed the PSC’s stance regarding impact fees and suggested that John Cameron, Ehlers, speak to the Board at a future meeting to apprise them of the details of the case. He stated that this is a very specialized area of law and felt the Village would be better served by an attorney who specialized in utilities. This is a somewhat time sensitive matter as document requests have already been received but no hearing dates has been set yet. Motion by Trustee Johnson, second by Trustee Jacoby, to approve retaining Attorney Lawrie Kobza, Boardman Clark, for services related to water utility rate case. Motion carried. 8. Consideration of request for a police squad (utility vehicle) Purchase – Chief Swendrowski explained his memo and the changes Ford is making to the law enforcement vehicles in 2019. Trustee Johnson questioned the timeframe and delivery schedule. Chief Swendrowski stated that to order the vehicle now may see delivery in December. Trustee Johnson then questioned if we would be able to keep the expense in the 2019 budget. The current replacement schedule of law enforcement vehicles was discussed and how to ensure the continuation of that schedule. With the increases in the vehicle costs coming in future years the need to increase budgeted amount was also discussed. Motion by Trustee Johnson, second by Trustee Alexander, to approve the purchase of a new squad car while trying to keep payment in the 2019 budget and to bring it back to the Board if it would need to be paid out of 2018 budget funds. Motion carried. Reports  1. Booth Lake Memorial Park Minutes – 06/20/2018 2. Parks & Recreation Commission Minutes – 05/14/2018 – The Archery Range is now open; the Grand Opening will be in September and the parking lot will be paved later this month. 3. East Troy Area Emergency Service District Minutes – 5/29/2018 (from 7/16 Meeting) 4. East Troy Area Emergency Service District Minutes – 06/19/2018 – Trustee Johnson explained that they are working towards better reconciliation of reports from Andres and timely distribution of fire dues. 5. Update from DPW Director regarding Highway G bridge construction project (Walworth County project) – DPW Equitz will be attending a meeting with Walworth County later this week for more updates on the project DPW Equitz and President Seager recognized Engineer Sarah Nunn for her dedication and helpfulness in the past two years she has been working with the Village and thanked her for making a difference in the Village of East Troy. Adjourn Motion by Trustee Johnson, second by Trustee Alger, to adjourn at 7:59 p.m. Motion carried. Respectfully Submitted, Lorri Alexander Deputy Clerk