Village Board of Trustees

Meeting of: BOARD OF TRUSTEES MEETING MINUTES Members: White {c}, Berger, Ermeling, Jaeger, Porlier, Schuster, Ziegler Location: Weston Municipal Center (5500 Schofield Ave); Board Room Date/Time: Monday, August 18, 2014 @ 6:00 P.M. 1. Call to Order I Pledge of Allegiance I Roll Call of Attendance White called the meeting to order at 6:00 p.m. Present: White, Schuster, Berger, Porlier, Ermeling, Jaeger, and Ziegler. Administrator Guild, Director of Public Works Donner, Director of Finance Jacobs, Planning & Development Director Higgins, Taxpayer Relations Coordinator Hodell, Parks Superintendent Osterbrink, Deputy Public Works Director Wodalski, Administrative Specialist Parker, Deputy Director of Public Works Wodalski, Deputy Fire Chief Meilahn, and Police Chief Sparks were also present. There were about 6 audience members present. 2. Comments from the public. Cheryl and Pat Kelly were present, but asked to speak later during New Business 6.2. 3. Communications. 3.1 Recommendation from Clerk to acknowledge meeting minutes from all standing and non-standing committees, commissions or boards. *M/S/P Schuster/Ziegler to acknowledge meeting minutes. 3.2 Acknowledge resignation of Novak from Board of Zoning Appeals. *M/S/P Ermeling/Berger to acknowledge the resignation of Novak from Board of Zoning Appeals. 4. Consent Items for Consideration. Ermeling requested more information on item 4.6 building design and standards. Higgins explained this was presented in the Plan Commission meeting packet. Higgins stated this is more of clarification and incorporates comments received from our planning consultant. 4.1 Recommendation from Clerk to approve prior meeting minutes of 07/31/14 and 08/04/14. 4.2 Recommendation from Clerk Weinkauf/Chief Sparks to approve operator licenses. 4.3 Recommendation from Treasurer to approve Vouchers 39483-39573. 4.4 Recommendation from PIC to award Water Utility Repair project bid to Tito Inc. for $88,636. 4.5 Recommendation from Plan Commission to amend, renumber, and recreate Article XV, of Section 94, governing Shoreland Regulations and Provisions. 4.6 Recommendation from Plan Commission to approve an ordinance to repeal, amend, and recreate Section 94.138 (b) governing Building Design and Appearance Standards. 4.7 Recommendation from Plan Commission to approve an ordinance repealing Article XVI, of Section 94, Comprehensive Plan and creating new Article XVI named Shoreland-Wetland Regulations and Provisions and creating new Article XVII named Comprehensive Plan. 4.8 Recommendation from Finance to rescind and recreate Personnel Policy and Procedure Handbook, Section 5.15, governing the policy practice regarding travel expense reimbursement. 4.9 Recommendation from Joint Extraterritorial Zoning Committee to approve rezone request ETZ-REZN-7-14-1465 (Tom & Joan Erdman). *M/S/P Jaeger/Schuster: to approve consent items #4.1 – 4.9. 5. Reports from Staff. 5.1 Clerk/Employee Resources Manager None. 5.2 Everest Metro Police Department Sparks explained the bank robbery that took place at Intercity State Bank on Friday. They are following up on this. 5.3 Parks Superintendent Osterbrink explained Sunday, August 24th, is last day for the aquatic center. They will start to lose their summer help this Wednesday, then the remainder at end of august. 5.4 Plan/Dev Director Higgins asked the Trustees to watch their e-mails for draft documents to be sent to them for their early review. There is a draft of the zoning code online. The ETZ Chapter 95 will go away, as it will be included in the zoning code. Staff will start working on the zoning map soon, to rezone the Village and ETZ areas. Higgins also stated the CORP plan is going to the Park & Recreation Committee on Monday. The draft zoning code will come through the Plan Commission, and will be approved by the Village Board through a public hearing. The Board will see the conditions and issues document and broadband technology plan in the final draft. These might go before public hearing sooner with the broadband grant application. Schuster confirmed the memo with the zoning code will highlight major changes, Higgins stated it also explains how to read the code. 5.5 Public Works Director Donner pointed out Consent Item 4.4, which is for valve work to be done by Tito. This is for a last push on work to be done this summer. He has also been talking to the contractor for the WJHiggins site. They will be taking 300 loads of fill from the Ryan Street site. There will be a lot of trucking in that area over the next few weeks. He is not sure where Wisconsin Baseball is at. Most of the fill they are receiving came from the Schofield Avenue project back in 2006/2007. Staff is doing street patching and finishing contracts in street maintenance. Wodalski is coordinating street overlays. Staff also met with Kronenwetter, to have a pre-determining agreement for improvements on Nick Avenue along the west and east. They will also meet with Kevin King on a claim for sewer cleaning from this spring. Donner stated he will get more background. Last week he was focusing on personnel issues. Jaeger questioned if we were aware of the work Wausau did on Northwestern Avenue. Wodalski stated from Swanee Avenue to the edge of that subdivision is where the work took place. She though it would have been nice to coordinate a road project together. Donner stated this is why we try to talk to our neighbors. Wodalski stated he took the complaint calls from our residents. 5.6 SAFER Fire District. Meilahn discussed the tragedy that recently occurred on Highway 52. He gave details of how well the response from the department was. He explained the different departments who worked together and how all patients were transferred within 1 hour. There were two fatalities. EAP offered to stress debrief their staff, which some accepted the help. Schuster said the rescue crew did an excellent job. 5.7 Finance/Assessor Jacobs explained staff has started to work on the budget. Associated Financial Group is talking with him on next year’s numbers for a typical HSA increase. 5.8 Technology Director Crowe was absent. 6. Business Items for Consideration. 6.1 Discuss and consider Resolution 2014-XX, which would place a question on the November ballot asking the electorate to approve a tax levy increase in excess of State limits for the purpose of funding transportation. Guild explained at the last Trustees meeting, he was asked to prepare a resolution, which he has done with the help and advice from the Finance Department and the Village Attorney. Schuster stated it could have been less wordy. Guild stated most of the requirements of the question come straight from State Statutes. Guild showed the question to be on the ballot, and stated the explanation on the “yes” or “no” will not. Guild explained to Ermeling this referendum resets the base, as he stated we capture that expense and it goes forward in perpetuity. Ermeling confirmed if this passes and busing costs increase, it just has to be in our limits. Jacobs stated the $60,000 is for 2015. Jacobs gave further clarification on how net new construction each year will help. Guild explained to Ermeling that we do not know what our cost of service is going to be in 2015, as it will be based on State and Federal allocations. He stated the $60,000 is an amount we feel would be sufficient to cover any shortfalls in revenue. Staff is hopeful that next year’s number will come in at $52,000. Jaeger is not in favor of the referendum, she feels this is a decision the Board should make. *Schuster/Ermeling: to approve the referendum. Jaeger voted – nay, all others voted – aye. Motion carried. Schuster pointed out that certain news people wonder why we are worried about $60,000. He said they need to look at the next 10 years. He also commented he heard from a news person, who made a big deal that this referendum outcome has already been decided by voters. Ermeling commented this will clear the air one more time. 6.2 Discuss and consider report from PW Director Donner regarding Development Agreement conditions for completing public infrastructure in Ridgeview Subdivision. Cheryl Kelly, 4415 E. Everest Avenue, spoke on this topic, and why they do not support the connection of the two cul-de-sacs (see attached comments submitted). Donner discussed that part of the discussion with Rennes, when they expanded, was to dedicate a right-of-way to enable connection to Ridgeview Subdivision. He stated there could be reconfiguration of lots, as Kelly indicates. With the new owner of the development, and his wish to complete the streets for the construction of homes, this is the opportunity for future connections. Staff is currently working on a development agreement with the developer, Denyon Homes (Heath Tappe). The original development plans did not make provisions for the connection. He explained the motion from the Plan Commission was to make provisions for the water connection from the development to the water tower, and defer connection of the street to a later date. Porlier feels traffic will take advantage of the connected streets through East Everest Avenue. Guild stated this is a time sensitive component and staff is looking for direction from the Trustees on what their expectations are on how this development should proceed. Guild feels we can still do this while respecting the concerns of the residents. He feels we should ask the developer to redesign the street for future connection, make the street ready so 6406 & 6408 can be served, and should ask the developer to make the appropriate connections to the water system. Once the right-of-way has been dedicated, and the design has been properly done, we can address the issue as we need to, but just not make the connection right now. White stated the Plan Commission wanted the ability to connect these two streets, back when the Rennes expansion plans were being reviewed. He feels if that subdivision is finished, it should be configured for future connection. We would not be acting responsibly if we say “we’ll never connect”. The developer needs to know so they can either reconfigure those streets. White is in favor of the water looping and to have this right-of-way available in the future. Schuster agrees with White, but also feels this neighborhood will change later in the future, and we need to make plans for the future now. Ermeling agrees with Guild, White and Schuster. She stated that she is not in favor of cul-de-sacs. Higgins explained the right-of-way between the two cul-de-sacs is already there. As part of the Rennes CSM, they dedicated the right-of-way. Donner stated we still have to sit down with the developer’s designer to discuss this. Porlier confirmed that before any connection would occur between these two cul-de-sacs, plans will come before the Board first. *M/S/P Schuster/Jaeger: The direction of the Board is for the developer to work on redesigning the layout for the future street connection, and that part of the redesign should accommodate plans for the residential lots (6406 and 6408), the water connection should be made, and some component of a street put in as part of servicing those two lots, though an actual connection of the two cul-de-sacs are not made until a potential future later date, and since the water connection from the subdivision boundary and water tower is outside of the subdivision, there should be some cost sharing between the Village and the Developer, and staff will have some latitude. Q: Ermeling confirmed connection could be made in future. Donner clarified their intention by the developer. Motion carried 6.3 Discuss and consider recommendations from both Finance and Personnel Committee to create a temporary, short-term, exempt position entitled “Planning Technician”, at an annual expense of approximately $37,500 total to be distributed between GF and Utility Funds, which would only be funded through the end of FY2014. Guild explained both the Personnel and Finance Committee recommended this course of action. Ermeling confirmed this is only through the end of 2014. Jacobs said there is already $12,100 funded in the Community Development Department. We are amending the budget of $25,400 to be split between the utility fund and general fund. *M/S/P Porlier/Ziegler: to approve the recommendation, with the clarifications discussed. Jaeger voted – nay. Motion carried. 6.4 Discussion on whether to recommend to Board of Trustees, Finance Committee recommendation to rescind and recreate Personnel Policy and Procedure Handbook, Section 10.03 to create a BYOD policy and transition away from Village ownership of its cellular fleet for municipal employees. Guild explained the Finance Committee recommended this policy to Board. Personnel made several revisions to the policy. Personnel wanted the Board to be aware of further clarification on hour and wage impacts for non-exempt positions. It was indicated there are certain non-exempt employees who get reimbursed for cellphones that they own, due to their on-call status (utility and street). Guild explained the HR experts on the Personnel Committee wanted to be sure further clarification is given on Village phones provided to non-exempt employees. Guild stated the proposed policy needs to address the distinction between the non-exempt and exempt employees, and some of the other wage and hour issues. He then explained the Personnel Committee also chose to eliminate the stipend plan Group 1, and collapse Groups 2 & 3 at the $75.00 monthly allowance. More research needs to be done on Group 4.  Guild explained there is a time sensitive component to this, as 3 employees (Donner, Osterbrink, and Skrzypchak) will all be without phones as of September 1st. We are trying to determine what our policy practice will be, whether we will buy phones and provide to employees, or reimburse and let employees use their own phones. He said a suggestion could be to buy temporary phones for those three until this policy is worked out. Guild pointed there are some concerns with using personal cell phones and having the number available to the public. Ermeling agrees with eliminating group 1, and questioned some of the employees who were included in group 4 (those who spend most of their time at their desk), and feels the expanded list of reimbursement is poor spending. Donner explained to White how the $20.00/month reimbursement to those responder roles came about, and why he feels it is important. Ermeling agrees with reimbursing these. Berger expressed his concern for privacy issues, and is not in support of people having one phone for both personal and work. Schuster and Jaeger feels this needs to be looked at more. Schuster suggested staff to look at a plan and make a determination to bring back. *M/S/P Jaeger/Schuster: to assign Donner, Osterbrink, and Skrzypchak the temporary phones until the policy issue has been resolved. *M/S Jaeger/Porlier: to refer back to Personnel Committee for discussion and come up with a new recommendation for the Village Board. Q: White confirmed to Ermeling the discussion of whether the Village will provide phones or not will be discussed by the Personnel Committee and brought back to the Board. Motion carried. 6.5 Convene into closed session under Wisconsin State Statutes 19.85 (1) (c) for the purpose of considering the employment, compensation, or performance evaluation data of any employee over which the governmental body has jurisdiction or exercises responsibility, specifically, Municipal Maintenance Worker Krueger. White recused himself from this discussion, as he has a conflict of interest relating to employee Krueger. *M/S/P Schuster/Ziegler: to convene into closed session at 7:15 p.m. 6.6 Reconvene into open session. Take action on closed session items if necessary. *M/S/P Jaeger/Porlier: to reconvention to open session at 7:35 p.m. 7 Report from the Administrator. Guild is trying to work out the schedule for this year’s Board Retreat. They discussed scheduling this during the weekday, week nights, or a Saturday. Six members were okay with a weekday. 8 Remarks from Trustees. Schuster said a citizens reported a concern about exposed wiring on the Pedestrian Bridge. Donner and Porlier will check on this. Berger requested to be excused from the September 2nd Board meeting. There was discussion on whether to hold a Board meeting on September 2nd or not. 9 Remarks from the President. White explained there have been 4 individuals who applied for the CDA committee, which he has interviewed them all. At the next Board meeting, White will ask for the appointment of two of them. There is a vacancy on Zoning Board of Appeals, and Weinkauf will advertise for those. Schuster confirmed there are two alternates on ZBA. 10 Set next meeting date, discuss items for next Board agenda: Staff will make an executive decision if a September 2nd meeting is needed. 10 Adjourn. White adjourned the meeting at 7:48 p.m. Respectfully Submitted, Valerie Parker, Recording Secretary