Village Board

EAST TROY VILLAGE BOARD MINUTES January 6, 2020 Page 1 of 3 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 Excused: Trustee Forty Renucci Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Geary, Deputy Clerk Alexander, Youth in Government Representatives Madeline Otto and Michael Rosin Citizen Participation Steve Rostkowski, 2959 North Shore Dr., has information on the historical aspect of the impoundment area as well as the dam and offered to present his information to the Board or to the Park & Recreation Board. Consent Agenda 1. Approval Minutes – 12/16/19 Motion by Trustee Johnson, second by Trustee Alger, to approve. Advisory – Motion carried, Board – Motion carried Miscellaneous Business 1. Consideration of utility customer request for sewer credit Mr. Stanford addressed the Board and requested a credit be applied to his recent utility bill. He discussed the history of the water meter equipment upgrades and the advantage that allows for notices of high usage. He reviewed his last bill and the usage records provided by the Village. He was disappointed that he was not notified of a change in his water usage, although he is unsure if there was a leak at his property as the usage is no longer registering high. He suggested that the Board consider revising the current credit policy to reflect the newer technology that is now installed. He does not feel that he is responsible for the consumption shown on his bill as he does not believe there was a leak because he did not need to repair anything. He also stated that a water issue can “self-heal”. DPW Equitz explained the use of the meters, history of the meter upgrade project and that not all meters were installed with the radio reading capabilities at the start of the conversion. To accommodate the system, it was reprogramed to read in 1-gallon increments, but the vendor failed to inform the Village that we would need to return to update the initially installed radios (the box installed on the outside of the home) as well. All meters that were installed in the first 1.5 years are in the process of being upgraded. This will take a few months and during this time some issues may not be caught. In this situation the Village did not receive a notification of high usage at Mr. Stanford’s residence. DPW Equitz was able to determine that Mr. Stanford’s radio was included in the initial installation and has now been corrected. The Board was informed that since the Village began using this system at least 50 customers have benefited from the notifications. Mr. Stanford feels that he should have received a notification of high usage at his residence and he should receive a credit to his bill because he did not.  EAST TROY VILLAGE BOARD MINUTES January 6, 2020 Page 2 of 3 The current policy for leaks allows for a credit to the sewer potion of the bill if the usage is more than 150% of the two-year average. The additional usage for Mr. Stanford does not meet this criteria and he maintains there was not a leak at his residence. The Board was informed that this enhanced feature of the current meter system is not a guarantee of notification as the system is not monitored 24/7 and future water losses may occur. The Board is not authorized to offer a credit for water usage because that is regulated by the Wisconsin Public Service Commission. The Village Board does have regulation of the sewer utility and has a policy in place for sewer credits in the case of leaks. Action on this matter may set a precedent for the future and that the Village cannot accept responsibility or the control of water used in private residences or businesses. In considering changing the current policy a statement should be included that would limit the liability of the Village for residential/business water usage. Attorney Geary stated that the current policy is a good compromise to keep the best of all options and covers the Village adequately. Mr. Stanford stated that he feels the information shows inconsistent usage during overnight hours and that he was unaware of a leak and if there was one it may have “self-healed”. He restated that he did not receive any notification of a higher than normal usage and requested a credit for $118.90, which he feels is the increase over his average bill. The decision by the Board was to have DPW Equitz have staff send the meter at Mr. Stanford’s residence to the lab for certification testing. Once the results of that test are received the issue will be brought back to the Board. Mr. Stanford was assured that should the equipment be found to be faulty the Village would endeavor to “make him whole”. Trustee Johnson stated that should the meter be found to be functioning properly and the water was used at his residence, then he would be responsible for the water used as this situation does not qualify for a credit based on the policy as it currently stands. Mr. Stanford was asked to work with staff in completing a Deferred Payment Agreement for the disputed amount to not incur any penalties on the unpaid portion until the matter is resolved. 2. Consideration of general property and liability policy renewals for 2/1/2020-1/31/2021 5.86% increase for 2020 Administrator Suhm reviewed the insurance policy renewal costs for 2020. Insurance for the Airport is not included in these figures as they are on a separate schedule. Policy renewals exceed the budgeted amount by $4,000 however the recommendation is to renew the policies as stated. Motion by Trustee Johnson, second by Trustee Alexander, to approve the insurance renewals for property and liability insurance coverage through EMC, cyber liability through BCS and crime with Hanover. Advisory – Motion carried, Board – Motion carried Trustee Boyes requested additional information on the offered crisis coverage and Administrator Suhm will bring that information to the Board at a future meeting. He also asked for more information on the Airport insurance coverage. 3. Consider proposal for Applied Technologies to update the Phosphorus Final Compliance Alternatives Plan DPW Equitz reviewed memo and that this permit is the next step in the Water Quality Trading path that has been chosen for the future endeavors to lower our phosphorus discharge. Applied  EAST TROY VILLAGE BOARD MINUTES January 6, 2020 Page 3 of 3 Technologies proposal is to assist with preparing this plan. Contacting individuals regarding the project is the Village’s responsibly and has begun. The Village been working with Applied Technologies since the beginning of the project. As The Village looks ahead to our next permit cycle we would like to continue working with the same company for continuity. This project will require more work as it is a new plan not one being updated. Motion by Trustee Alexander, second by Trustee Boyes, to approve the proposal from Applied Technologies. Advisory – Motion carried, Board – Motion carried Ordinances & Resolutions 1. Ordinance 2020-01 – Recommendation from Plan Commission to approve amendment to chapter 510 related to the Natural Resources Site Evaluation Worksheet Motion by Trustee Johnson, second by Trustee Alexander, to approve Ordinance 2020-01. Advisory – Motion carried, Board – Motion carried Reports 1. Booth Lake Minutes – 10/16/19 2. Booth Lake Minutes – 11/20/19 3. Airport Minutes – 09/09/19 4. Update regarding Joint Library Building Memorandum of Understanding – this is a very initial and preliminary agreement for review. 5. Historical Evaluation of Dam – this report is the last request from the WI DNR and the Army Corp of Engineers related to the review of the application for the removal of the dam. We are now waiting for a ruling on the permit application or a request for further information. Closed session 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 (TID 4 development and agreement, offer to purchase property, sale of village property, and boundary agreement). Motion carried on a roll call vote: President Seager Y Trustee Alexander Y Trustee Alger Y Trustee Boyes Y Trustee Johnson Y Trustee Nugent Y Adjourn Motion by President Seager, second by Trustee Alger, to adjourn at 8:25 p.m. Motion carried Respectfully Submitted, Lorri Alexander, Deputy Clerk