Village Board

EAST TROY VILLAGE BOARD MINUTES August 15, 2022 Page 1 of 3 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, Jason Smalley and Joe Wisnewski Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Attorney Pruitt (attending via Zoom), Clerk Alexander Citizen Participation Steven Kuhl, 2905 North Shore Dr., referred to the Dam Redevelopment Update and asked what the plans are for finishing the edges of the stream and pools looking at future maintenance and if possible, to have on opportunity for questions/comments from the residents. Consent Agenda 1. Approval Minutes – 8/1/2022 2. Consider approval to purchase Badger Books (electronic poll books system) for Elections 3. Consider approval of Temporary Class B license for St. Peter’s Fall Festival, October 2, 2022, at St. Peter’s Catholic Church, 1975 Beulah Ave. Temporary Operators to be: Jessica Hartranft and Rochelle Verick 4. Consider granting approval of Special Event Permit for the East Troy Chamber of Commerce Bluegrass Festival, Sept. 10-11, 10 am to 6:30 pm, estimated attendance 1,000-2,500, contingent upon receiving written approval from Walworth County to close Hwy ES on the north side of the Square on Saturday and Sunday. a. Consider approval of Temporary Class B license for East Troy Chamber of Commerce Bluegrass Festival, Sept. 10-11. Motion by Trustee Johnson, second by Trustee Smalley, to approve the Consent Agenda and waive late application fee for the Chamber’s Bluegrass Festival. Motion carried. There was a request that future applications be submitted by the deadline. Miscellaneous Business 1. Consider approval of Affidavit of Correction for Parcel# PA415800003 and PA415800004 (FHA# 7282.22) Motion by Trustee Alexander, second by Trustee Smalley, to accept the affidavit of correction as drafted. Motion carried. 2. Considerations for Level Up/East Troy Investments LLC Development a. Consideration of recommendation from Plan Commission to approve condominium plat with conditions Motion by Trustee Johnson, second by Trustee Alexander, to approve the condominium plat based on the general and specific conditions listed in the staff report dated August 4, 2022, and that the condominium documents should include the referenced deed restrictions or remove all references to the same. Motion carried. b. Consideration of Development Agreement with East Troy Investments LLC Motion by Trustee Johnson, second by Trustee Smalley, to approve the developer’s agreement. Motion carried. 3. Dam redevelopment update  EAST TROY VILLAGE BOARD MINUTES August 15, 2022 Page 2 of 3 Tim Lynch, Lynch & Associates and Andy Keys, RLP, were on hand to answer questions. Discussion included the submitted work schedule which they are currently ahead of, working on the restoration, planting/seeding, staff has met with Andy , Natural Resource Innovations Solutions, regarding the rehabilitation who provided direction, RLP anticipates substantial completion by 9/25/22 and Tim Lynch expects the project to be slightly over budget, creating a separate habitat in the southwest area of the former shoreline due to natural springs flowing to the stream, to deepen specific areas with the use of rocks/boulders from the new business park to direct areas of the stream to naturally deepen the shallow areas, add more structure and channelize the area, keeping the water interesting and adding depth, different vegetation options and that some residents prefer turf grass rather than the planned prairie grasses and had offered to maintain that turf grass, how the ground preparation differs for the types of grasses, the restoration of the stream banks, that the west end of the area has a wetland and upland prairie vegetation mix and closer to Mill Pond Park there is more turf grass, future scheduling of a COW meeting to discuss future plans and goals for the area with the public, and that there will continue to be some cattails scattered throughout the area as they are a natural vegetation in this habitat. Motion by Trustee Johnson, second by Trustee Smalley, to authorize change order for $11,640 to move rocks and boulders from the business park over to the impoundment and authorize DPW Equitz up to $4,700 for the details of the upland grading. Motion carried. 4. Consideration of Drying Beds Roof Bid Acceptance/Award DPW Equitz explained that the Village had received one bid on time and on bid about 5 minutes late and was not opened. He described the condition of the drying bed roofs and the need for the work. Attorney Pruitt explained that the Village has discretion for accepting bids and can choose to accept the second bid if there was a good reason for the delay as long as the integrity of the bid process is not compromised. In this case both bids were deficient in that neither provided the 5% bid bond. The Village has the discrepancy to re-bid the work, award the bid, and require the bid bond be provided immediately or choose to open the second bid and consider it in the award process. President Seager stated that the Board has the responsibility to the taxpayers to receive them the best bid and since neither bid provided the bid bond, he suggested opening the second bid and to require the bid bond be provided immediately upon award of the bid. The roof work cannot be let go or the repairs will be more extensive, and this has been planned for three years. Attorney Pruitt again stated that there is not a risk to the Village of setting a precedent by opening the second bid as both bids received are deficient and by choosing to consider the second bid the Board is doing due diligence and the bidding process is not compromised. Motion by Trustee Jonson, second by Trustee Smalley, to allow DPW Equitz to open the second bid. Motion carried with Trustee Renucci voting no. DPW Equitz then opened the bids: Taylor & Sons - $199,922.13 Mathers Improvement Specialists - $98,986.00 DPW Equitz will review both bids, request the bid bond and bring the apparent low bidder back to the Board with his recommendations and schedule a Special Board Meeting via Zoom to award the bid. 5. Consideration of staffing request for part-time seasonal DPW position to be added to 2023 budget Motion by Trustee Alexander, second by Trustee Smalley, to approve the additional part-time seasonal position for 2023. Motion carried.  EAST TROY VILLAGE BOARD MINUTES August 15, 2022 Page 3 of 3 6. Consideration of John’s Disposal Service, Inc., proposed 2023 rates and direction to staff regarding possible agreement extension Consensus was to pursue an additional 5-year agreement. Administrator Suhm will request an updated agreement that will incorporate all amendments. 7. Review of Capital Budget with Revisions from 8/1/22 Village Board Meeting The Board was satisfied with the revisions. Ordinances & Resolutions 1. Ordinance 2022-10 – Recommendation from Plan Commission for approval to amend the zoning code regarding driveway standards and off-street parking design requirements and other matters (application 2022-26) Motion by Trustee Alexander, second by Trustee Johnson, to approve Ordinance 2022-10. Motion carried. Reports 1. July Financial Report 2. Park & Rec Minutes – 06/13/2022 3. Draft Plan Commission Minutes – 8/8/2022 4. Library Board Minutes – 07/12/2022 5. Library Board Minutes Special – 07/19/2022 Closed session Motion by President Seager, second by Trustee Smalley, 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 (Development Agreement). 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 Trustee Wisniewski Y Adjourn Motion by Trustee Johnson, second by Trustee Smalley, to adjourn. Motion carried at 7:20 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