Village Board

EAST TROY VILLAGE BOARD MINUTES December 18, 2023 Page 1 of 4 Call Meeting to Order; Pledge of Allegiance Clerk Alexander verified the meeting was posted according to law. Roll Call: President Johnson called the meeting to order at 6:30 p.m. Present: President Johnson, Trustees John Alexander, Jim Holm, Mary Nugent, Fortune Renucci, Jason Smalley, and Joe Wisnewski Others: Chief Swendrowski, DPW Director Equitz, Administrator Suhm, Clerk Alexander Citizen Participation No citizen participation. Consent Agenda 1. Approval Minutes – 12/4/2023 2. Consider approval of Election Inspectors for the 2023-2025 term – see attached list 3. Consider update to Policy VOET11, Village Board and Plan Commission iPad Policy 4. Consider termination of four (4) conditional use permits where the property owner is requesting voluntary termination because the business is no longer operating:2541-E Main St (Bright Beginnings Daycare); 2584 Main Street (WI Masonry); 2893 Main Street (Lakeside Painting); 3266 Main Street (LTR Power Center) (no packet materials) 5. Consider approval of Stormwater Management and Maintenance agreement for MDC East Troy LLC conditioned upon engineer filing an affidavit of correction to enlarge the easement on the Certified Survey Map 6. Consideration of Lynch Engineering three-year contract Clerk Alexander submitted three additional nominees for Election Inspector – Dawn Willert, Emily Willert and Joan Kasian. Motion by Trustee Alexander, second by Trustee Smalley, to approve the consent agenda with the addition of the three additional Election Inspectors. DPW Equitz confirmed that the engineering rate for Tim Lynch, Principal, remained the same. Motion carried. Ord & Res Item 2 was taken out of order at this time. Miscellaneous Business 1. Consider recommendation from Plan Commission to approve the conditional use for restaurant in Highway Business (HB) district located at the northwest corner of the North Street and Main Street; Goodden ES/20 LLC (Ray Goodden, agent) (application 2023-32) subject to the terms in the draft conditional use order dated December 8, 2023 Discussion included the additional condition to the site plan from the Plan Commission to require the approval of the Fire Chief of the proposed adjustments for the truck turnaround and the setbacks on the property as approved in the site plan. Motion by Trustee Smalley, second by Trustee Renucci, to approve application 2023-32. Motion carried. 2. Presentation on the results of the Water Study Ben Wood and Brooke Larson, Strand & Associates, presented the findings from the water study and summarized their key findings.  EAST TROY VILLAGE BOARD MINUTES December 18, 2023 Page 2 of 4 Discussion included rate changes due to increase/decrease in water usage; growth options and the ability to provide supply; the data reflects the pandemic impacts; projected costs of new tower/standpipe/well; the 5-year water plan; how street projects drive utility projects; projected 2032 changeout of water meters; how this study provides a tool for planning into the future. 3. Consideration of PFAS sampling results for Well 8 DPW Equitz discussed the challenges with PFAS and that the levels at Well 8 have gradually increased until it has met the hazard index. He has met with the DNR, and the Village is not required to shut down Well 8 at this time and is not in any violation. The Village has enough water supply capacity without Well 8 in use and it could still be operational to use if needed for an emergency. The EPA has not adopted limits yet. DPW Equitz recommended consideration of shutting down Well 8 now and continuing quarterly sampling. If an emergency need for Well 8 arose it could be utilized very quickly. Ben Wood, Strand & Associates, confirmed from their study that this would be an option and reminded staff to consider backup needs and to maintain the generators and other infrastructure. DPW Equitz stated that by taking Well 8 offline levels in Well 6 could increase and the monitoring of Well 6 would continue to determine if that should happen. Motion by Trustee Alexander, second by Trustee Smalley, to temporarily take Well 8 offline while considering options pertaining to PFAS. Motion carried. Item #5 was taken out of order at this time. 4. Consider draft request for proposals document related to sale and revitalization of 2954 Main Street (ROP 000084) Administrator Suhm reviewed the draft request and the items needing direction and stated that the draft request for proposal had been reviewed by the Village Attorney. Discussion resulted in adjusting the timeframe to plan to bring reviewed proposals back to the Board at the March 18 meeting and for staff to adjust the other deadlines accordingly; request occupancy of the property be obtained within one year of closing; seek a 20% beyond estimated budget for demonstrated financial ability; set purchase price minimum as the land value of $38,500 plus $1; require a $1,000 deposit; require the bidder to replace the private side of the water service to eliminate any lead service; and include landscaping plans. Motion by Trustee Nugent, second by Trustee Smalley, to issue the request for proposal with the modifications discussed and for staff to proceed based on the feedback received. Motion carried. 5. Verbal update and possible direction to staff regarding PSC recommendation on water utility rate case rate of return (no packet materials) Administrator Suhm reviewed the rate case recommendation from the PSC and information she has received from Ehlers today. The PSC requires a response by December 20, 2023. Administrator Suhm then discussed the Village proposed rates vs the PSC proposed higher rates due to the rate of return percentage and the impact the differences would have. Should the Village seek to retain their originally proposed rates  EAST TROY VILLAGE BOARD MINUTES December 18, 2023 Page 3 of 4 it could delay the case several weeks. The difference to the rate payers of the higher rate proposed by the PSC would average $20.00 per year. Motion by Trustee Alexander, second by President Johnson, to accept the PSC recommendation with regard to our water rate case. Motion carried. Ordinances & Resolutions 1. Ord 2023-13 – Consider recommendation from Plan Commission to amend Chapter 510 of the Zoning Code relating to detached accessory buildings Motion by Trustee Alexander, second by Trustee Smalley, to approve Ordinance 2023- 13 drafted October 9, 2023 to amend Chapter 510 pf the Village code relating to detached accessory buildings. Motion carried. 2. Ord 2023-14 – Consider recommendation from Plan Commission to amend Chapter 510 of the Zoning Code relating to the 2931 Union Street Planned Development District Trustee Smalley suggested a modification of the language regarding the retail hours to read that “retail operations plans should be submitted, reviewed and approved by the Plan Commission and Village Board” and eliminate the specified hours as too confining. He also suggested that signage only be allowed on Clark Street. Motion by Trustee Nugent, second by Trustee Wisnewski, to approve Ordinance 2023- 14 to amend Chapter 510 of the Zoning Code relating to the 2931 Union Street Planned Development District with removing the retail hours and adding that retail operations plans should be reviewed and approved by Plan Commission and Village Board. Motion carried. 3. Ord 2023-12 - Consider recommendation from Plan Commission to rezone recently annexed property and amend the zoning map Motion by Trustee Alexander, second by Trustee Smalley, to approve Ordinance 2023- 12 drafted December 7, 2023 regarding rezoning the recently annexed property and amend the zoning map. Motion carried Reports 1. Community Development Authority Minutes – 9/25/2023 2. November financial reports 3. DRAFT Plan Commission Minutes – 11/27/2023 Special Meeting, 12/11/2023 Closed Session Motion by President Johnson, second by Trustee Alexander to adjourn to closed session pursuant to Wis. Stats. 19.85(1)(e) deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting of other specified public business, whenever competitive or bargaining reasons require a closed session (offer to purchase property and legal representation letters of engagement). Motion carried on at roll call vote: President Johnson Y Trustee Alexander Y Trustee Holm Y Trustee Nugent Y Trustee Renucci Y Trustee Smalley Y Trustee Wisniewski Y  EAST TROY VILLAGE BOARD MINUTES December 18, 2023 Page 4 of 4 Adjourn Motion by President Johnson, second by Trustee Alexander, to adjourn. Motion carried at 8:28 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