Village Board

EAST TROY VILLAGE BOARD MINUTES March 7, 2022 Page 1 of 5 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, Matt Johnson, Forty Renucci, Jason Smalley and Joe Wisnewski Excused: Trustee Mary Nugent Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Geary, Clerk Alexander Citizen Participation No citizen participation. Consent Agenda 1. Approval Minutes – 2/21/2022 2. Consider extending completion date for Conditional Use for Leon Davis, LD’s BBQ 3. Consider approval of Temporary Class B license for East Troy Railroad 2022 Special Dinner Trains – per list – 17 dates for Beer and 2 dates for Beer/Wine 4. Consideration of lease renewal with SkyKnights for grass/parking areas 5. Consideration of the First Amendment to the vacant land purchase agreement with Quernemoen East Troy, LLC Motion by Trustee Alexander, second by Trustee Smalley, to approve the consent agenda. Motion carried. Miscellaneous Business 1. East Troy Area Chamber of Commerce Room Tax Report – Vanessa Lenz, Executive Director Vanessa Lenz, Executive Director, discussed the success of the December 2021 month-long celebration of East Troy Lights, the addition of new features and the New Year’s Eve Ball Drop. She discussed the 2022 plans to bolster this momentum, bring back their events on the Village Square, promote that there is always something to do in East Troy, continue to build on the successful events they currently sponsor and develop new traditions. She stressed that they promote the interaction with the community and businesses in their events and that this support and access to resources helps make their events special and unique. She discussed the improvements to the Village Square and commended the Village on maintaining a vision to the future. Discussion included working to bring new people into the Village, plans to provide an interactive map with information on activities in the area, building the Good Neighbors publication, consideration of a billboard, bringing back the Visitor’s Guide, partnering with other groups and highlighting winter activities to promote hotel stays. Other suggestions included possible promotions during large Milwaukee events in the future and the possibility of working with students to develop a mobile app to engage visitor. She ended by thanking the Village for their support. 2. Consideration of support for East Troy Lions Club 4th of July fireworks John Biersack, East Troy Lions Club, asked if the Village would consider again providing financial support for the 4th of July fireworks this year for $10,000. Motion by Trustee Johnson, second by Trustee Smalley, to use surplus funds and/or Village Board budgeted funds to fund $10,000 for the 2022 4th of July fireworks. Motion carried.  EAST TROY VILLAGE BOARD MINUTES March 7, 2022 Page 2 of 5 3. Consideration and discussion regarding American Rescue Plan Act (ARPA) and Bipartisan infrastructure funds and potential projects DPW Equitz and Engineer Lynch explained that ARPA and bipartisan infrastructure funds have become available to municipalities. Engineer Lynch explained the infrastructure funds plan and that this is a still an evolving program. He presented suggestions based on the current information to see if the Board would like to pursue application for these funds. He explained that there are two pending deadlines – the first is FFY 2022 (Federal Fiscal Year) with a grant application deadline of April 1, notification of award in May 2022, the DOT would need to process it by August 1 and the project needs to be encumbered by the DOT by November 2022 (meaning let or bid by November 2022) for 2023 construction. While there are no currently designed projects, he and DPW Equitz have looked at several possible projects that would allow for engineering design to be done in time to meet the application deadline. The risk to the Village is that engineering is not able to be included in the funds awarded and would be the responsibility of the Village or that the application may not be able to be reviewed by either the DOT or DNR in time. Should the project not be awarded the funding the Village would be able to retain the engineering design for the project until needed. DPW Equitz stated that these funds do have several steps required by the DOT for the projects and is an 80/20 federal funding. They focused on less complex projects that would be able to be done in the short timeframe, such as a pavement only project, and that would be smart use of the funding to keep ahead of future roadwork needs. Discussion included the prediction of higher costs in 2023 and the possibility of difficulty in finding contractors. One of the considered projects would be Energy Drive, with no underground piping work needed although this project is not in the current 5-Year plan. There are several questions on administration and qualifications for this program that they are waiting for answers on (such as if streets can be combined or must be contiguous) but feel confident that there are projects the Village could apply for. The second funding program is for projects in 2023-2026 and will include such projects as bridges, collectors and arterials, local roads and CMAQ (Congestion Mitigation & Air Quality) and engineering funds will be eligible for reimbursement. The addition of CMAQ may be applicable for the multi-use trail project on Hwy. 120. These projects have an application deadline of June 2022 offering a bit more time. These projects would need RFQ’s and the construction bidding/award would be through the State. Should awards be granted the funds can be declined without committing the Village to the project however with the offer of the 80/20 federal funding this is a generous opportunity. Projects should be $200,000 or more to be of value for the program. They have also been informed of a possibility that some of these funds will be transferred into the LRIP program which would allow access without going through the DOT process. Engineer Lynch is working on the engineering cost estimates for these projects and will finalize that should the Board choose a project to move forward with. He is working closely with the DOT as they move forward in finalizing the details of the program. Projects at the Airport are through the FAA and would not be included in this program. The design and construction costs provided are estimates and do not consider the changing price of oil or asphalt.  EAST TROY VILLAGE BOARD MINUTES March 7, 2022 Page 3 of 5 Discussion included projects planned for 2023, what streets could be considered if streets are able to be combined, Townline Road and recent discussions with the Town of Troy regarding this multi- jurisdictional road, the multi-use trail, if sidewalks would be included, that the PASER ratings for streets were used in setting the priority of the project presented for 2022, that the proposed design for Energy Drive would be from the Wastewater Treatment Plant east to Main Street, the timeframe for the reconstruction of Hwy 20 is currently to be let in September 2023 with construction in spring of 2024 None of these projects were budgeted for 2022 however there will be ARPA funds available. Administrator Suhm stated that the Village can take the standard deduction and use ARPA funds for these projects, that our expected disbursement of ARPA funds will be about $451,000 however other projects have been considered using these funds include upgrading the Board Room communications equipment and furnishings. Motion by Trustee Johnson, second by Trustee Alexander, to have Lynch & Associates work with DPW and begin design on Energy Drive and allocate funds from ARPA funds. Motion carried. Direction was to confirm if a resolution is needed for submitting the application and DPW Equitz will come back with 5-Year Plan for use in considering future funding opportunities. 4. Consideration of infrastructure design proposal from Lynch & Associates for utility work to be done in conjunction with the state’s reconstruction of Highway 20 DPW Equitz discussed plans for improvements on Highway 20 and the proposal for the design of sewer/water improvements to integrate those plans with the DOT plans from Thomas Drive east to Sterling Oaks. Discussion included questions on what improvements may be planned by WE Energies or Spectrum as the DOT plans do not include any street lighting so any additional street lighting would be the responsibility of the Village and plans for additional fiber from Spectrum are not known. Direction was to proceed with this application as well as checking with WE Energies and Spectrum while assessing needs for possible additional street lighting or fiber. Motion by Trustee Johnson, second by Trustee Alexander, to approve $25,000 for Lynch & Associates for design work of the water/sewer improvements related to the Highway 20 reconstruction. Motion carried. 5. Consideration of proposal from Lynch & Associates for design of finishing elements for Village Square project such as trees, benches, and greenspace Engineer Lynch discussed the final improvements for the Square, including utilizing a landscape architect, selecting items such as trees, planters, design of green space around the trees, benches, trash receptacles, and bike racks. He will seek Board input once a design is ready and is hoping to keep the work under the $25,000 bid mark to allow more flexibility in selecting local contractors to allow more control with the project. Discussion included engaging the business community from the Square with notifications and a possible Committee of the Whole meeting with the plan options. Motion by Trustee Johnson, second by Trustee Smalley, to approve the design proposal with Lynch & Associates for the Village Square landscaping. Motion carried.  EAST TROY VILLAGE BOARD MINUTES March 7, 2022 Page 4 of 5 6. Consideration of 2021 street project financial update, consider amendment to engineering contract and whether to pursue liquidated damages Engineer Lynch discussed the financial position of the 2021 street project and informed the Board that the project is about 4.6% over the bid amount of $2.38 million, from the $2.5 million budgeted amount, which is very good for a project this size. Items that remain to be completed include some landscaping, they are waiting for the cost of some of the winter concrete costs, and there is a question on the amount of stone used for the storm sewer work vs the road work that is outstanding. When these estimated costs are factored in the project will most likely be very close to the original expectation. The complexity of the project did result in additional engineering costs and there is a punch list of items for the contractor to complete including work on repairing those sections of sidewalk that cracked (as was expected due to timing and weather) and the center asphalt line around the Square. There are still meetings with the County as we continue to work together on these final items, and they hope to shift some engineering inspection costs back to the County. The Board discussed that with a project of this size it is not unusual to be much more over budget and acknowledged the work of both DPW Equitz and Engineer Lynch on keeping this project on track. DPW Equitz explained there are two street light poles that were added and still need to be purchased and installed and there are a few outlying items that need to be completed. It is recognized that the Village has incurred stress and disruption due to this project and there is the possibility of pursuing liquidated damages for unfinished work. The contractor is also reminded that by the first Friday in May the Village events will begin on the Square and work needs to be completed. Motion by Trustee Johnson, second by Trustee Smalley, to approve the engineering contract amendment. Motion carried. Ordinances & Resolutions 1. Ord. 2022-05 Revisions to the Comprehensive Plan relating to the downtown area Motion by Trustee Johnson, second by Trustee Alexander, to approve Ordinance 2022-05. Motion carried. Reports 1. DRAFT Plan Commission Minutes – 2/14/2022 2. Municipal Court Report – February 2022 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 exercises responsibility (Department of Public Works), and 19.85(1)(g) to confer with legal counsel for the governmental body who is rending oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved (Dam and impoundment area), and 19.85(1)(e) to conduct other specified public business, whenever competitive bargaining reasons require a closed session (Potential development of residential properties that are part of the Crucible Materials Environmental Response Trust)  EAST TROY VILLAGE BOARD MINUTES March 7, 2022 Page 5 of 5 Motion carried on a roll call vote: President Seager Y Trustee Alexander Y Trustee Johnson Y Trustee Renucci Y Trustee Smalley Y Trustee Wisniewski Y Reconvene in Open Session Possible action on closed session matters including possible action on an engineering design contract related to the dam removal project. Motion by Trustee Johnson, second by Trustee Smalley, to approve authorization of up to $80,000 for Change Order 1 for construction contract related to the dam removal project and authorize President Seager to sign it. Motion carried. Direction to staff to proceed with initiating a wage study. Adjourn Motion by President Seager, second by Trustee Alexander, to adjourn. Motion carried at 9:46 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