Village Board

EAST TROY VILLAGE BOARD MINUTES September 16, 2019 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, Alan Boyes, Mary Nugent, Matt Johnson and Forty Renucci Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Pruitt Youth in Government Representatives Madeline Otto and Michael Rosin Introduction and Swearing-In Ceremonies New full-time police officer, Michael Cain 2019-2020 Youth in Government participants, Michael Rosin and Madeline Otto Citizen Participation Benny Stichmann, 2043 Bellview Ave., representing his interests on Main Street and Division Street, requested the Village designate a “snow dump” area to lessen the amount of snow accumulation on the Square. He hoped that this area would also be able to be used by businesses from the Square when removing their snow. Val Aide, South St, spoke against using pesticides or insecticides in the remediation of the cattails along Honey Creek due to health issue concerns. She requested other options be used. She also praised the dog park. Steve Rostkowski, 2959 North Shore Dr., praised the dog park and the Tri-Troy meetings. He explained his background in soil structural analysis and requested to be included in upcoming discussions of the Honey Creek area remediation. Jeffrey Haasch , Jackson, Wyoming, spoke about a police incident from 2018, reviewed his actions to date and that he feels he has not received answers to his questions. Becky Magestro, 2559 Mallard Way, voiced concerns about the parking on Autumn Lane and Brookstone Lane. She asked that parking violations be addressed and stated the street parking is a safety issue for walking and driving visibility. Consent Agenda 1. Minutes – 8/26/19 2. Operator’s License – Stephanie L. Moran 3. Consider approval of Chamber of Commerce October First Friday OkTROYberfest, October 4, 5 pm to 8 pm, Village Square, list of food vendors to be provided 1 week prior to event. (Applicant has been notified that bathrooms may not be available.) Contingent upon receipt of fees. a. Consider approval of Temporary Class B Beer License for Chamber of Commerce October First Friday Scare on the Square, October 4, 5 pm to 8 pm, Village Square (Operators to be Vanessa Lenz and Sarah Manke) 4. Consider approval of Temporary Class B license for St. Peter’s Fall Festival, October 6, 2019 5. Consider approving purchase of replacement WWTP pump with funds from Equipment Replacement Fund 6. Consider approval of Temporary Class B Beer License for East Troy Lions Club for Walk of Terror, October 11-12, 18-19, 26,27 and 31 (7 days) at 2108 Church St. (Municipal Parking Lot) 7. Consider approval of Change Order 2 for Sidewalk Project (from 8/26/19 meeting) Motion by Trustee Alexander, second by Trustee Johnson, to approve the Consent Agenda. Trustee Johnson questioned if item 5 needed Board approval and if so, if that was by ordinance or precedent and if this situation could be covered by the Procurement Policy. Attorney Pruitt explained these are restricted funds according to the DNR loan and require board authorization in other communities. Administrator Suhm confirmed generally the use of restricted funds requires specific board authorization.  EAST TROY VILLAGE BOARD MINUTES September 16, 2019 Page 2 of 5 Advisory – Motion carried, Board – Motion carried Miscellaneous Business 1. Update on DNR Trail Grant Application Tim Lynch, Lynch & Associates, informed the Board that the application for the Hwy. 120 Multi-Use Trail Grant was unsuccessful although the Village was strongly urged by the DNR to reapply next year and the feedback from the DNR was extremely positive. The Board will need to decide if they would like to delay this project and reapply for the grant next year or move forward with the original plan and find the necessary funds within the budget. Delaying the project may work well with the Honey Creek area project. Jason explained that the Village has borrowed funds for street projects that included the Multi-Use Trail project. If the Board decides to wait on the Multi-Use Trail project there is the option to utilize the borrowed funds towards another street project. Direction from the Board was for Tim Lynch to come back to the Board prior to reapplication in the Spring of 2020 to confirm that no changes should be made in the application plan. 2. Consider proposal from Lynch & Assoc. for Pre-design of Main Street/Square reconstruction DPW Equitz discussed the project conception and introduced the proposal from Lynch & Associates for the pre-design work for the 2020 design phase. The proposal is an open scope of work as it is an estimate because there are still many unknown aspects of the final design. The 2020 budget will need to accommodate the engineering work needed and they are just beginning to discuss utility work for the project. Walworth County has seen the concept plans and expressed interest in them. This project specifics are deciding on the items that will be included in the final plan of the project, hence this is the pre-design phase. Motion by Trustee Alexander, second by Trustee Johnson, to approve the proposal from Lynch & Associates for the pre-design work for Main Street and Square reconstruction, not to exceed $25,000. Advisory – Motion carried, Board – Motion carried President Seager took Report 6 out of order at this time, it is reported as printed on the agenda 3. Consideration of joint purchase with the Town of East Troy of a brine tank DPW Equitz explained that he is looking at alternatives to granular salt for snow removal operations. Walworth County is moving toward liquid de-icing and he feels the Village should consider these techniques and try them. This would help with chloride reduction and protect the Village from pricing increases for granular salt. He is suggesting a joint purchase with the Town of East Troy of a brine tank, to be mounted to a Village owned vehicle, to use brine as an alternative and pre-treatment for snow events. The brine will be purchased from Walworth County or Mukwonago. This would be considered a pre- treatment for snow events as it prevents the snow from bonding to the surface, making it easier to remove and requiring less salt usage. This would give both municipalities the ability to test this option. He would like to offer a joint-municipal agreement, similar to the bucket truck agreement. DPW Equitz offered to mount the tank on a Village truck. The municipalities would split any service costs, return the vehicle filled with gas and the Village will need to accommodate insurance requirements for employees of another municipality driving a Village truck. The Village and Town DPW departments will coordinate the usage, the truck will be stored at a Village facility and the brine application will be mainly used as a pre-treatment. The Village also intends to try the brine during storms. The truck can be used as a plow truck while the brine tank is installed. The brine tank is easily removed should the truck need to be used for other operations.  EAST TROY VILLAGE BOARD MINUTES September 16, 2019 Page 3 of 5 Motion by Trustee Johnson, second by Trustee Alexander, to approve the purchase of the brine tank using surplus funds. Advisory – Motion carried, Board – Motion carried 4. Consideration of posting building no firearms and/or weapons (item requested by Trustee Boyes – no packet materials) Trustee Boyes explained his request to review the option to post the Municipal Building as a “no firearms/no weapons” building as another layer of protection for employees and visitors. He explained that by State law, currently with the building not posted, police officers do not have the ability to approach someone who is carrying a weapon to discuss their intent. If the building is posted the officers are able to talk to that individual and ask them to remove the weapon from the building. The Police Department and the entire building on Wednesday evenings during Municipal Court already do not allow weapons. Trustee Boyes feels that posting the building would end any confusion on different restriction periods and would give staff an additional layer of protection and allow officers the option to openly question anyone caring a weapon. The question was asked if the intent was to post all Village buildings and Trustee Boyes explained his original discussion centered on the Municipal Building but he would be glad to include all Village buildings. Chief Swendrowski agreed that all Village buildings should be posted as this is a safety issue for all employees. Motion by Trustee Boyes, second by Trustee Nugent, to post Village of East Troy buildings no weapons, including firearms and knives. Discussion followed including points of the effectiveness of a sign to prevent a weapon being carried into the building and if that would provide a false sense of security; that legally a citizen cannot be questioned regarding a weapon, having a license or intent; confirmation that there is no license needed for open carry; if posting would increase security; the need for the addition of metal detectors and guards to truly be secure; the theory that a posted building advertises that absence of individuals carrying weapons and what the impact if this policy would be on the airport. Trustee Boyes reiterated that this step would allow our staff to contact Police and allow them to talk to anyone with a weapon in the building. President Seager asked for both DPW Equitz and Administrator Suhm’s opinions. DPW Equitz asked if there would be any detriment to posting, what the definition would be for a “weapon” and if that would include a pocket knife. Attorney Pruitt explained that the definition usually includes the type of knife or length of the blade as the qualifier. Administrator Suhm stated that she has mixed feeling because while it is good that the police can approach people it would prevent an employee who wanted to have personal protection from doing so. Additionally, there are safety concerns within the building, especially in the Administrative Department as the only department without protection and the safety of the employees is the most important point. She understands that a sign will not deter someone intent on causing harm. Trustee Alger asked if there was currently a rule that employees could carry weapons. Trustee Boyes pointed out that if the Board desired, rules could accommodate allowing employee to carry weapons.  EAST TROY VILLAGE BOARD MINUTES September 16, 2019 Page 4 of 5 Trustee Johnson expressed that he was hesitant to cast a vote on this issue until there is more information on definitions and the impact on employees and the employment manual. Attorney Pruitt suggested that there may be points that warrant waiting to decide. Trustee Boyes expressed that he was pleased that the Board was having this discussion. Trustee Boyes then withdrew his original motion, and Trustee Nugent withdrew her second of that motion. Motion by Trustee Johnson, second by Trustee Boyes, to bring this topic back to the Board by the end of the calendar year. Advisory – Motion carried, Board – Motion carried 5. 2020 Budget review session of operational and modifications to capital Administrator Suhm reviewed the budget documents presented and her memo noting that net new construction is down in 2019 and she reviewed notable changes. She discussed using the borrowed funds originally slated for the Multi-Use Trail for the Bellview/Clayton street project in 2020 to decrease the imbalance on the capital budget, as those funds are earmarked for street projects. There are also Local Road Improvement Program funds that will be applied to this project. Administrator Suhm felt the most important decisions tonight would be 1) using the borrowed funds for the Multi Use Trail or the street projects and 2) future budget meeting dates. The Board consensus was to use the borrowed funds for the street project and reapply for the trail grant in 2020. This would allow for the engineering on the street project to begin and to go out for bid in January 2020. Direction was that the next budget meeting will be on Oct. 7, 2019. Ordinances and Resolutions 1. Res. 2019-05 – Appointing Bond Trust Services as Paying Agent for 2012A General Obligation Bonds Motion by Trustee Johnson, second by Trustee Alexander, to approve Resolution 2019-05 Advisory – Motion carried, Board – Motion carried 2. Ord. 2019-13 - Amend Ch 273 Pertaining to Sale of Fireworks Questions arose regarding the statements referring to “consumer level” fireworks. Motion by Trustee Johnson, second by Trustee Boyes, to table this item until it can be reconciled with state statutes. 3. Ord. 2019-14 - Amend Ch 305-4 (B) & (C) Pertaining to Retail Sales of Intoxicating Liquor for Off-Premises Consumption by “Class B” License Holders Motion by Trustee Alexander, second by Trustee Johnson, to approve Ordinance 2019-14. Advisory – Motion carried, Board – Motion carried Reports 1. ETAESD Minutes – 07/16/19 2. Update on 2954 Main St. 3. Update on Electric Scooters 4. Airport Advisory Committee Minutes – discussion included the replacement of the fuel farm card reader, lengthening the runway, fuel flowage fee rate 5. Library Board Minutes – 08/13/19 6. Lynch & Associates – Dam Update – this item was taken out of order after Misc. Bus 2, it is reported as printed on the agenda  EAST TROY VILLAGE BOARD MINUTES September 16, 2019 Page 5 of 5 Tim Lynch, Lynch & Associates, summarized the work and findings of the reports from Natural Resource Innovations. Their report confirmed the invasive cattails and that there are some good species evident although they are quickly being crowded out. Tim confirmed that the dam removal application was re- submitted to the DNR on September 16 and his firm will be following up and continuing to monitor the progress at the DNR. This project is anticipated for spring/summer of 2020 as part of the larger dam removal project. DPW Equitz stressed funds will need to be set aside for the cattail removal phase of the project as more study is done prior to the final decision on the method of cattail removal. Closed session Adjourn to closed session pursuant to Wis. Stats. 19.85(1)(e) for the purpose of conducting other specified public business, whenever competitive or bargaining reasons require a closed session (potential TID 4 development and other properties, including update on jurisdictional transfer discussions with the County); and 19.85(1)(c) to consider promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercise responsibility (personnel within all departments) Motion by President Seager, second by Trustee Johnson, to Adjourn to closed session pursuant to Wis. Stats. 19.85(1)(e) for the purpose of conducting other specified public business, whenever competitive or bargaining reasons require a closed session (potential TID 4 development and other properties, including update on jurisdictional transfer discussions with the County); and 19.85(1)(c) to consider promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercise responsibility (personnel within all departments) Motion carried on a roll call vote. President Seager Y Trustee Alexander Y Trustee Alger Y Trustee Boyes Y Trustee Nugent Y Trustee Johnson Y Trustee Renucci Y Reconvene in Open Session Possible action on closed session matters Adjourn Motion by President Seager, second by Trustee Alger, to adjourn at 9:50 p.m. Respectfully Submitted, Lorri Alexander Deputy Clerk