Village Board

EAST TROY VILLAGE BOARD MINUTES November 18, 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 Excused: Youth in Government Representative Michael Rosin Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Pruitt Youth in Government Representatives Madeline Otto Citizen Participation Val Aide, 3050 South St., discussed her concern with the vegetation growth in the impoundment area and that the cost of the removal will continue to rise if the remediation project is delayed. Consent Agenda 1. Approval Minutes – 11/4/2019 Motion by Trustee Renucci, second by Trustee Johnson, to approve the consent agenda. Motion carried, with Trustee Nugent abstaining Miscellaneous Business 1. Municipal Court Updates/Direction/Decisions Judge Cotter and Court Clerk Froehlich were present to explain the memo and answer questions. a. Consideration of new skip tracing contract with Credit Management Control Motion by Trustee Johnson, second by Trustee Boyes, to approve the contract with Credit Management Control for skip traces. Advisory – Motion carried, Board – Motion carried b. Consideration of minimum balances with the state debt collection and potential write- off of debt Judge Cotter explained that the court currently has $70.44 owed in their system and requested this amount be allowed to be written off. Motion by Trustee Johnson, second by Trustee Alexander, to write off the outstanding court balance of $70.44. Advisory – Motion carried, Board – Motion carried c. Consideration of uncollectable debts with state debt collection and potential write-off of debt Judge Cotter explained that there is currently $13,963.13 owed from people that can’t be found due to deportation, moved out of state, reside in jail or have used an alias. The State Debt Collection Program has identified these debts as uncollectable and the amount in our accounting system inflates the appearance of collectible debt. Discussion included the length of time State Debt Collection attempts collection (two years) before declaring a debt uncollectable and the option of utilizing another collection agency. Direction was to maintain accounts as open by creating a separate accounts receivable category or line item that identifies this amount as Returned from State Debt Collection. This way the amounts remain open and can be collected if the people are found.  EAST TROY VILLAGE BOARD MINUTES November 18, 2019 Page 2 of 5 d. Update regarding warrant and commitment fees Judge Cotter explained, due to a change in applicable charges there are some old warrant and commitment fees on our books that are no longer allowed to be collected. These charges are still in our accounting system and the amounts inflate the appearance of collectible debt. These charges need to be noted on the financial statements and will also need to be written off. e. Consideration of policy direction regarding collection/write-off of nominal amounts of over/under payments Judge Cotter explained that sometimes a fee is either under- or overpaid by small amounts. He would like an approved policy on handling these small amounts. He suggested using a limit for under of $9.99 since $10.00 as that is the lowest ticket amount. Discussion included if this would affect Walworth County’s unclaimed property policy. Direction to staff to create a policy to address the under- and overpayments and bring back to the Board for approval. 2. Consideration of AT&T proposal for colocation on water tower located on Young Street property Jim Jermain, AT&T, Regional VP for External Affairs and Michael Gehrke, MasTec Network Solutions, Project Manager presented their proposal for a co-location on the Young St water tower. They expressed their desire to invest in the community, bring the AT&T service to the area as the best and fastest network and provide their Firstnet (which is a voluntary nationwide network for first responders). Discussion included the revenue offered for the lease of the co- location, term of the proposed lease, installation plans and concerns of interference with the police radio and water systems antennas located on the water tower. Mr. Gehrke stated that the installation of all equipment needs to be on the top to radiate the most coverage and cannot be located on the stem of the tower due to possible interference from the nearby cell phone tower. Installation plans included points that all costs of installation would be paid by AT&T, the water tower would need to be drained, there may be some remediation to the tank after installation that would be paid for by AT&T and any intermodulation studies with the frequencies used by the Police Department and Department of Public Works to determine possible interference would be paid for by AT&T. Studies would need to be done to determine best placement of antennas and that would determine if the Village antennas would need to be moved. AT&T would assist with any changes in placement and work with the FAA to insure all antennas are in compliance with airport safety needs. DPW Equitz discussed this proposal with Strand Engineering, who has experience with this, and their recommendations for success included good planning and being sure that the contract is written to keep control of the project with the Village during the project and into the future, that AT&T’s plan is reviewed by the Village Planner, and also the lease amounts offered seemed low compared to other communities. Mr. Jermain and Mr. Gehrke stated this is a proposal, a starting point, and can be negotiated. Once the plan moved forward there may be the possibility of the Village leasing additional space if there is room and that should be considered in the contact.  EAST TROY VILLAGE BOARD MINUTES November 18, 2019 Page 3 of 5 AT&T was asked how they would handle the impact if the water tower needed to have major work or be replaced. They explained the procedure for utilizing a temporary cell tower for the antennas and there would be no cost to the Village. The representatives were agreeable to paying for studies to determine if the tower is structurally sound and there would be no interference. The Village would need a Memorandum of Understanding and a deposit for contracted services prior to moving forward. AT&T would like to build in summer 2020. Motion by Trustee Johnson, second by Trustee Alexander, to direct staff to work with legal counsel and AT&T (with input from AT&T, Strand Engineering and Radicom) to draft a MOU and collect a deposit for required studies and come back to the Board with a draft contract. Advisory – Motion carried, Board – Motion carried, with Trustee Boyes voting no 3. Consideration of recommendation from Plan Commission on nonconforming use determination for a trucking operation located at 2787 Main Street and involving four adjoining parcels (RXUP 00146, RXUP 00146E, RXUP 00146C, and RXUP 00154) Trustee Renucci explained the project that came before the Plan Commission. This validates the compliance of the original use when the business was started and provides guidelines for the property owner as to the allowed use. The point of a determination is when a property becomes a determined legal nonconforming it is not allowed to expand or change the operation. This designation protects both the Village and property owner. This determination covers the use as it was allowed originally which will not allow for outside storage of materials. The non-conforming use designation travels with the property should it be sold. The determination states that if the property continues with the current use it is considered legal non-conforming. However, should the use change it would need to conform to the current zoning code. Clarification was requested if the properties were combined for the non-conforming designation as a whole unit or as each property. Current issues with outside storage of materials has been handled with Code Compliance, Zoning Administrator Schwecke and Benchmark Landscaping who can use the materials. Motion by Trustee Johnson, second by Trustee Alexander, to approve nonconforming use determination for a trucking operation at 2787 Main Street, as presented with the two additional changes to clarify that the limitations apply to all four properties in total and cannot be severed to individual properties and any prohibited activities the owner has until December 31, 2019 to remediate. Advisory – Motion carried, Board – Motion carried 4. Consideration of Well 7 VFD (variable frequency drive) replacement DPW Equitz explained the need to replace the drive due to failure. Well 5 is currently down for rehabilitation and this repair was an emergency. He is requesting the authorization of the transfer of funds designated for the Well 6 VFD to Well 7 to cover the replacement. He will budget for the addition of a VFD for Well 6 in a future year. Motion by Trustee Alexander, second by Trustee Alger, to approve the use of funds from the Well 6 project to cover the Well 7 Variable Frequency Drive. Advisory – Motion carried, Board – Motion carried 5. Discussion regarding holiday schedule and December meetings Direction was to hold Village Board meetings on December 2 and 16, 2019 Ordinances & Resolutions  EAST TROY VILLAGE BOARD MINUTES November 18, 2019 Page 4 of 5 1. Resolution 2019-08 Adopt 2020 Municipal Fee Schedule Discussion of the fee for Winter Parking Permits led to several questions including the fee amount and policy. Motion by Trustee Johnson, second by Trustee Alger, to table. Advisory – Motion carried, Board – Motion carried Direction to staff to review fees and policy and bring back to the Board 2. Resolution 2019-09 Adopting updated salary structure (replaces resolution 2019-06 due to corrected step placements in attachment) Administrator Suhm explained her memo and the corrections. Motion by Trustee Johnson, second by Trustee Alger, to approve Resolution 2019-09. Advisory – Motion carried, Board – Motion carried, with Trustee Alexander abstaining. 3. Resolution 2019-10 – Adopt 2019-10a or 2019-10b with respect to whether the Village will opt in or out of the negotiation class for the federal opioid litigation case Chief Swendrowski and Administrator Suhm were asked for their opinions and how much time they felt would be required to proceed. They both indicated they favored staying in the class action as it would require less staff time for research and preparation since neither option offered any guarantees. Remaining in the class action allows for involvement with no time or cost outlay. Should any settlement be received the Village can set those funds aside for related costs such as Narcan or officer training. a. 2019-10a Continue to be a class member of the negotiation class Motion by Turstee Alexander, second by Trustee Johnson, to approve Resolution 2019-a. Advisory – Motion carried, Board – Motion carried b. 2019-10b Retain law firm of Phipps, Deacon, Purnell, PLLC as outside counsel to handle opioid related claims asserted by the Village in state court Reports 1. Municipal Court – September 2019 2. Municipal Court – October 2019 3. October Financial Report 4. October Airport Report 5. October Variance Report 6. Dam October Financial Report – DPW Equitz explained that the Village has not received the permit for removal and the Army Corp of Engineers are requesting an archeological study. 7. Park and Recreation Minutes – 10/14/19 8. Library Board Minutes – 10/08/19 9. DRAFT Plan Commission Minutes – 11/11/2019 Motion by President Seager, second by Trustee Alexander, to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(c) to consider promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (regarding employee of DPW Dept) and Wis. Stats. 19.85(1)(e) for the purpose of conducting other specified public business, whenever competitive or bargaining reasons require a closed session (Offers to Purchase Property) at 7:56 p.m. Carried on roll call: President Seager Y Trustee Alexander Y  EAST TROY VILLAGE BOARD MINUTES November 18, 2019 Page 5 of 5 Trustee Alger Y Trustee Boyes Y Trustee Johnson Y Trustee Nugent Y Trustee Renucci Y Reconvene in Open Session Possible action on closed session matters Motion by Trustee Johnson, second by Trustee Boyes, to approve the promotion of Tom Pluess to WWTP Manager and to grant a week of vacation, starting January 1, 2020 to be used by his anniversary date. Motion carried. Motion by Trustee Johnson, second by Trustee Alexander, to approve the CDA offer to purchase property at 2919 Main St. as set forth in the Offer to Purchase. Motion carried, with Trustee Alger abstaining. Adjourn Motion by Trustee Johnson, second by Trustee Alexander, to adjourn at 8:22 p.m. Motion carried . Respectfully Submitted, Lorri Alexander Deputy Clerk