Village Board

EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 1 of 7 Call Meeting to Order, Pledge of Allegiance 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, Mary Nugent, Matt Johnson, Forty Renucci, and Jason Smalley Excused: Trustee Joe Wisnewski Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Clerk Alexander Citizen Participation Barb Hotz, 2019 Division St., spoke understanding the need for growth but expressed concern with large developments that would add excessive traffic and noise. She is concerned with harming the historic charm and quiet neighborhood of the area around the former Chester Brynes school. Consent Agenda 1. Approval Minutes – 8/16/2021 2. Consider approval of Temporary Class B license for St. Peter’s Fall Festival, October 3, 2021, at St. Peter’s Catholic Church, 1975 Beulah Ave. Temporary Operators to be: Eugene Pawlak and Felix Puczylowski 3. Consider approval of crosswalk flashers for Highway 20 and Brynes Street, $3,232.75 to be taken from surplus 4. Consider granting approval of a. Special Event Permit for the East Troy Chamber of Commerce Bluegrass Festival, Sept. 11 & 12, 2021, 10 am - 6:00 pm, estimated attendance 1,500-2,000. b. Consider approval of Temporary Class B license for East Troy Chamber of Commerce Bluegrass Festival, Sept. 11 & 12, 2021. Motion by Trustee Renucci, second by Trustee Smalley, to approve the consent agenda. Motion carried. Ordinances & Resolutions 1. Resolution 2021-19 – Final Resolution Levying Special Assessments for Church Street, Main Street and Village Square a. Public Hearing President Seager opened the public hearing at 6:34 pm. Engineer Tim Lynch, Lynch and Associates, provided an overview of the four different assessment reports which divided the project into sections and explained a possible tiered option for assigning engineering, legal and administration costs. He explained that this project was a very complex project with extensive multiple calculations for each property. Mike Zei, 1950 Fremont St., who owns property at 2056 Church St., discussed the work being done at his property. He understands the work, however, is disappointed that his sidewalk, which is in good shape and fairly new, will need to be re-done due to the changes in the street level and for drainage. He feels he is being overcharged to replace sidewalk that didn’t need repair. He stated he is in favor of the project and thanked the Board for their work. Tom Senft, on behalf of American Legion Post 188, 2870 Church St., stated that the sidewalk will remove the angle parking for 5 cars and pointed out that there was no driveway approach on the north side of the property included in the project plan. They would like a firm price to add an approach there.  EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 2 of 7 Tim Barr, owner of 3 properties on the Square, was disappointed that the Notice of Assessment did not include breakdowns of what the charges are for. He asked what grants were received and if this assessment practice was standard for the Village projects. DPW Equitz explained that there was a $1 million grant for the project, $250,000 for the County’s portion and $750,000 for the Village’s portion, that there was a letter sent in property owners in November 2020 making them aware the project was scheduled, that there would be assessments, that the assessment process is per ordinance for Village projects and that he would provide a breakdown of the project numbers and the project plan detail for Mr. Barr. Emery Barnes, 2020 Division St., has property that extends east to Church St. that includes a storage garage and is an unbuildable lot. He expressed concern with the cost of the project. It was confirmed that his assessment was for curb and gutter and a driveway approach. President Seager reminded residents that individual breakdowns of the charges are available in the Engineers Report which is available on the Village web site, at the Clerk’s office or they may contact either the Administration office or DPW directly to receive that information. Lynch and Associates developed the report. Mike Kittleson, 2061 Church St., expressed shock to receive the assessment and requested a breakdown of the charges. He also expressed concern with possible apartments developed on the former Chester Brynes property. Trustee Renucci clarified that the proposed term for repayment of the assessment is 10 years. Darin Poweleit, 2070 Church St., purchased the property earlier this year and asked when the approval of this project was voted on. DPW Equitz explained that this was a unique project in that it is actually a Walworth County project that the Village partnered with the County and while the County awarded the bid, the Village Board did approve the County to accept the bid and that was this past spring. The letter was sent in November 2020 to make residents aware that the project was scheduled and that there would be assessments although the project had not yet been bid. The actual bid award occurred in the spring of 2021. Troy Andritsch, 3049 Main St., questioned the process to address damages to property as he had damage to his driveway and water service this morning. DPW Equitz was not aware of any damages and arranged to visit the property Tuesday to assess the damages. His neighbor also had damages and both parties were assured by DPW Equitz that these issues would be looked at tomorrow and that the construction inspection and oversight would be addressing these situations. DPW Equitz assured the residents that their property would be restored, and they would not be charged. The contractor did make a mistake and the inspector did stop the work. Mr. Andritsch also complained about open holes not coned off, open sidewalks and drop offs, trip hazards and no barricades. President Seager and DPW Equitz encouraged Mr. Andritsch and his neighbor to contact DPW Equitz and/or Engineer Lynch on any issues or concerns and that the Village welcomes input to make this a safe process. Gene Rozmarynowski, 2966 Main St., was disappointed that the Notice of Assessment did not include breakdowns of what the charges are for and had to request a breakdown. He asked about the funding  EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 3 of 7 from the grant amount ($750,000 to the Village) and stated that he feels the engineering costs should not be charged to the residents because everyone in the Village uses Main Street. He feels the charges are too much, that the Village should pay more of the engineering costs and would have opposed the project had he known his cost. DPW Equitz explained that a clean-out is the pipe at the surface that allows the contractor to clean future blockages and assists the contractor install the pipe liner. The contractor will clean out the line, televise the line and install a liner into the clay pipe to extend the life of the lateral. Jeremy Tess, 2026 Division St. whose property extends through to Church St., expressed concern with his drive and garage and maintaining this as it is and how curb and gutter will be installed to maintain his driveway. He also owns 2035 Church St. and asked what would happen with this lot as there is nothing there and asked if there will there be curb and gutter across this lot as he is concerned with using this as a parking area for his trucks. He asked what he could develop on this lot as it is unbuildable, there is no sewer and if there is curb and gutter it is difficult to use for parking. He expressed his concern with the costs of the assessments for many of the residents. He spoke about the Robertson’s property and the effect of the project on their property. Trustee Renucci explained that the Board was aware of the situation and had visited the property. DPW Equitz explained that his properties are scheduled for mountable curb and gutter and offered to discuss options available to him to change the curb and gutter to driveway approach. President Seager offered to speak with him regarding the usability of his 2035 Church St. and DPW. Andrew Hanke, 3015 Main St., requested that the Board not pass this resolution because he feels that the water mains on Church St. supply the entire Village and doesn’t feel that the Church St. residents should pay for a public improvement. Mark Rhode, Rhodes Towing at 2606 Main St., explained that the original plan had storm sewers on Main Street east of the Square, but the plan changed to use spillways and leave the ditches. He is concerned that the ditches have already been graded and are not draining as they should to the east. He expressed his concern with future plans and if storm sewers would be installed in the future they would be assessed again. He would have preferred to have the storm sewers installed now to complete the job. President Seager explained that the cost was almost four times more to install the storm sewers and this was the next best solution. Should there be grading issues these can be reviewed by the engineer. This road project has been needed for many years and when the County came to the Village that they were planning the project, the Village partnered with them and added areas that were needed to complete connectivity with curb and gutter and sidewalks. This is a long-term type of project, and it is good that the County finally identified the need. Keri Schroeder, 2977 Main St., asked who is overseeing the quality of the project and identified the ramp at Beulah Ave. as being about 6 “ larger than the sidewalk. She also confirmed that the proposed term repayment period is 10 years. President Seager explained that the inspection services are a combination of County inspectors and Village Engineers and Engineer Lynch assured her that they would review that ramp.  EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 4 of 7 Ann Zess, East Troy Brewery, express shock at the amount of the assessment and the cost for replacing sidewalks that still have life and if, when the Square sidewalks were redone in the 90’s , the businesses on the Square were special assessed for that project. President Seager stated that it would need to be researched to determine when the current ordinance was adopted and what was in place prior. DPW Equitz stated that there are some sidewalks that may have life left but with the project changes removing the walk from the front of the building and moving the curb to achieve the correct pitches and cross-slopes the entire concrete needs to be removed for the final product to be right. Mike Zei asked how the $750,000 grant funds were applied. DPW Equitz explained that the assessments were based on the Village ordinances for the items that are assessable. Sidewalk repair/replacement at is assessed at 50%; if it doesn’t exist today, it is 100% paid for by the Village, so with the widening of some of the sidewalks on the Square the difference between what exists today and the final product is 100% on the Village and what is there today is assessed at a 50%/50% split, like a residential property. The only utilities being assessed is private sanitary sewer lateral pipe from the main in the middle of the street to the basement, the work is being done in the right of way and can be assessed back to property owner because it is owned by the property owner. The majority of the old sanitary sewer laterals are 6” clay pipes and over time roots will infiltrate the joints and grow inside the pipe, creating blockages and the pipe becomes brittle. The lining process is that the contractor goes in through the main via the manhole in the street and installs a sock-type material that is then heated to create a pipe within a pipe that is also structural and seals the pipe. The assessment charge is for the lining at the connection at the main, the T or Y, to the property line to ensure the owner there won’t be a problem within the right of way that would require the need to excavate the road. This process provides a cost savings over excavating the road to correct this type of problem and also helps prevents ground water infiltration. President Seager discussed the special assessment for the individual properties that receive added value with the addition of the curb and gutter and lateral improvements. The $750,000 is not assessed to specific property but to the roadway project as a whole. Mike Zei felt that the grant was awarded only due to the addition of the sidewalk on Church St. to connect the Square to the East Troy Railroad and that is resulting in his sidewalk needing to be replaced and he is being charged for that repair work. DPW Equitz explained that the downtown area improvements as well as the addition of the Church Street sidewalk factored into the awarding of the grant funds but that the Church Street sidewalk was not the only factor. He also explained that Mr. Zei’s sidewalk is to be replaced due to the change in the street elevation and with the addition of curb and gutter resulting in a change in the elevation of the sidewalk. He also explained that sanitary sewer laterals are privately owned from the middle of street to the home and that water laterals are privately owned from the sidewalk to the home, and the utility owns from the sidewalk to the middle of the street. Darin Poweleit asked if the value added to property from this project would increase the property assessment for tax purposes.  EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 5 of 7 President Seager explained that there was a market update for the entire Village this year as the assessment ratio for the Village had dropped and was required by the State to be brought back to 100%. Administrator Suhm explained this was a market adjustment and the assessor considers the market value of the properties. The state assigns the Village an Equalized or Full Market Value and as the market changes, in our case where properties are selling for higher values, the Village moves farther away from that 100% goal. With this adjustment the Village is now at 100% and those assessments were not based on this project because assessments were based as of January 1. Trustee Johnson clarified the assessment vs. tax. Assessment change doesn’t necessarily change the taxes the same because taxes are based on the mill rate. The state restricts the municipality’s amount of levy increase based on new values. As an example, 2020 had a very low build rate and therefore the state will severely limit the amount of levy increase for this year. The assessment relates to the portion of that whole. This is a complicated process because there are other factors that impact the taxes such as the other taxing jurisdictions. Administrator Suhm explained that those variables will not be known until early December due to waiting for that input from the other taxing jurisdictions and offered to speak with him on this separately. He also asked about the clean-outs being installed at this property and DPW Equitz explained that if his pipe is located a distance behind the sidewalk this may indicate a break further into the yard and this will allow for combining a break repair with the clean out installation and offered to discuss with Mr. Poweleit in detail at a later time. He also asked when this project will be finished. DPW Equitz explained that October 15 is the date for substantial completion. This date seems aggressive however the contractor is trying to hold the date. DPW Equitz feels a good goal would be end of October for completion. Mr. Poweleit expressed concerned if project is not done before snow. He is already having problems with rain not flowing due to pitch, debris, and the inlets are blocked to avoid the solids to flowing into the systems by erosion mats. DPW Equitz agreed that they are working to keep the areas cleaned out and keep water flowing but they can’t be everywhere at all times. He encouraged contacting the DPW with issues that may occur and that after hours problems be relayed by calling the Police Department and they will contact DPW. He expressed appreciation for the residents working with DPW to address these issues during the project. Mr. Poweleit asked if there are any alternates to the mesh because of the clogging and Engineer Lynch will visit the area and look at possibilities. Gene Rozmarynowski asked that engineering and legal fees be removed from the bills. Michael Wozny, 2938 Main St; expressed surprise at the amount of the assessment and clarified the loan repayment term is proposed at 10 years at 2% and asked if these are the final amounts. He expressed concern on paying the amount. DPW Equitz explained that this is a preliminary number and not based on final quantities. There will be a final assessment once the work is done, and the amount could change. Administrator Suhm clarified that the special assessment cannot be increased without another public hearing and residents would be notified, but it may be decreased without a public hearing.  EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 6 of 7 Troy Andritsch, asked again about damages for his driveway apron which was not part of his assessment. DPW Equitz assured him that if his property was damaged under construction, it is on the contractor to repair, and the property owner will not be assessed or charged for those repairs. Terry Sorenson, 2955 Main St., stated he has two sections of sidewalk, no curb and gutter and has new water service going to the curb and asked what is included in his assessment charge. DPW Equitz stated that without the specifics he would assume by the charge amount Mr. Sorenson gave that there is the sanitary sewer lateral between the main and the sidewalk included. The line will be televised and the section in the right of way between the middle of the road and sidewalk may still be clay. While they may have newer sewer it ends at the curb and that is the weak point in the system. The bid price for the laterals for 0-25’ was $4,250.00 because the costs are all up front with the televising, cleaning, etc. in preparation to install the liner. A clean out, if needed, was $595.00. The sewer line is located in the middle of the street and the back of the sidewalk is essentially the property line. Mike Flesch, Lynch and Associates stated that he is responsible for computing the assessments and apologized for any mistakes as this was a massive project. The reports have the break downs and are separated into four sections based on the sections of the project and these are available on-line. He stated that an error was discovered earlier today and was not included in the reports for 2097 Division St. for East Troy LLC, the gas station at the corner of Main Street and Division Street. The 6” sidewalk along Main Street was omitted for 579 square feet for an increase in their assessment of $1,880.00 bringing the total to $ 11,768.00. He apologized for the error. Administrator Suhm confirmed that she did contact the property owner prior to the meeting regarding this error and left a message on their voicemail. She also clarified that when she states that assessments can’t increase, that is the assessment based on the assessment reports included in the packets and those figures should match the notices that were sent, however, she encouraged all property owners to check the engineering reports as those report amounts will be what the Village Board is approving when they approve the assessments. The Clerk’s office can assist anyone with viewing the reports and they are available on the Village web site. Stacy Spurlock, on behalf of Legacy Funeral Home, feels they are being charged incorrectly. Their laterals are on Beulah Avenue not on Main Street. DPW Equitz stated that they are aware of this situation and is currently checking on that situation. President Seager closed the public hearing at 7:46 pm. b. Potential action by Village Board Discussion by the Board with the engineer and staff included that one of the main drivers in this project is the sanitary sewer lining, this is not a consistent project as the work varies greatly from property to property and each is unique, the timeline for final numbers is expected within 4 weeks (or less) of substantial completion, the flexibility allowed to the Board on the interest rate, prior projects have offered repayment terms of 2% for 10 years however the ordinance allows the Board to assign an annual interest rate not to exceed 10%, options for assigning the engineering fees such as the proposed possible tiered fees based on the amount of work done, the traditional practice of evenly dividing engineering costs seems lopsided for this project, possible consideration of more equitable distribution of engineering/legal costs even as that may create a more complicated accounting of the project for the assessments, attempt to make the assessments more balanced, there are about 120 parcels involved in the project, the amounts factored in for both engineering and legal costs and projections that  EAST TROY VILLAGE BOARD MINUTES August 23, 2021 Page 7 of 7 engineering costs are not anticipated to decrease from the estimate but legal fees may, perhaps consider alternate options when paying the engineering costs, how the $125,000 engineering and legal fees were determined for the assessed portion of the project by calculating the Village improvements of about $2.1 million and of that the assessed improvements of about $411,600 making the assessment percentage about 19.4% and therefore took 19.4% of the engineering for the assessment portion of the project for the $125.000, desire to make the assessments more defined, possibly removing the engineering costs from the assessments, desire to confirm ordinance language and budget amounts, legal requirements to hold an additional public hearing or not and allowing for the required publication timing, the next meeting is scheduled September 20 and if there is no need for a public hearing there would still be the opportunity to speak on this topic during Citizen Participation. Motion by President Seager, second by Trustee Johnson, to table Resolution 2021-19 to the next meeting to be held on September 20. Motion carried. Closed session Motion by President Seager, second by Trustee Johnson, to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(c) to consider employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercise responsibility (Department Head Evaluation, Director of Public Works) Motion carried on a roll call vote: President Seager Y Trustee Alexander Y Trustee Johnson Y Trustee Nugent Y Trustee Renucci Y Trustee Smalley Y Administrator Suhm and Clerk Alexander left the meeting at 8:02 pm. Adjourn Motion by Trustee Johnson, second by President Seager, to adjourn. Motion carried at 9:06 pm. Respectfully Submitted, Lorri Alexander Clerk Note: Recordings of the meeting may be found on our YouTube Channel - Link: https://www.youtube.com/channel/UCGPfzVwLzE2Pqt4-g450Klg