Village Board of Trustees

VILLAGE OF WESTON, WISCONSIN MINUTES OF THE BOARD OF TRUSTEES Monday, June 19, 2017, at 6:00 p.m. OPENING OF SESSION. 1) Call meeting to order at 6:00 p.m. President Barb Ermeling presiding. Ermeling called the meeting to order at 4:30 p.m. 2) Pledge of Allegiance. 3) Roll Call. Roll call indicated 6 Board of Trustee members present. Trustee Present Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon NO White, Loren YES Porlier, Mark YES COMMENTS/CORRESPONDENCE FROM THE PUBLIC. Ermeling asked if there were any comments. There were none. APPROVE PREVIOUS MEETING MINUTES. 4) May 15, 2017 5) May 23, 2017 6) May 30, 2017 Motion by White, second by Ostrowski to approve the May 15, 2017, May 23, 2017 and May 30, 2017 Board of Trustees minutes. Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #2 White, Loren YES Porlier, Mark YES ACKNOWLEDGE REPORTS FROM STAFF. 7) Crowe, N – Technology 8) Donner, K – Public Services 9) Higgins, J – Planning & Development 10) Hodell, R – Taxpayer Engagement 11) Jacobs, J – Finance 12) Osterbrink, S – Parks & Recreation 13) Savage, M – EMS & Fire 14) Sparks, W – Police 15) Tatro, S – Building Permits 16) Parker, V – Refuse & Recycling 17) Weinkauf, S – Clerk 18) Wodalski, M – PW Operations 19) Yde, M – Attorney Motion by Berger, second by Porlier to acknowledge items 7 to 10, 12 and 14 to 19. Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES ACKNOWLEDGE REPORTS FROM COMMITTEES. 20) Community Development Authority 21) Community Life, & Public Safety 22) Everest Metro Public Safety 23) Finance 24) South Area Fire & Emergency Response 25) Joint Review Board 26) Parks & Recreation 27) Personnel 28) Plan Commission 29) Property & Infrastructure Motion by Ostrowski, second by Zeyghami to acknowledge items 20 and 28. VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #3 Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES REQUESTS TO PULL ITEMS FROM CONSENT AGENDA. Items 49 to 55 and item 59 was pulled from consent. Action taken seperately for those items. CONSENT ITEMS FOR CONSIDERATION. Clerk 30) Renew 2017/2018 Adult Oriented Establishment License for Secrets II. 31) Renew 2017/2018 Class A Beer and Liquor, Class B Beer and Liquor, Class B Beer and Reserve Liquor, Class B Beer and Class C Wine Licenses. 32) Renew Amusement Licenses for the 2017/2018 Licensing Term. 33) Renew Cabaret/Amusement Licenses for the 2017/2018 Licensing Term. 34) Renew Cigarette Licenses for the 2017/2018 Licensing Term. 35) Renew 2017/2018 Commercial Animal Establishment License for Ace Hardware 36) Renew Hotel/Motel License for the 2017/2018 Licensing Term 37) Renewal of Class B Beer and Liquor License for Iozzo’s, Inc. 3115 Camp Phillips Road. 38) Renew Playful Paws Kennel License for the 2017/2018 Licensing Term. 39) 12-month Mobile Food Vendor License for Lanny Peterson with the Rothschild-Weston Lions Club 40) Renew Mobile Home Park Licenses for the 2017/2018 Licensing Term. 41) New Operator Licenses and Operator License Renewals for the 2017/2018 Licensing Term. 42) Renewal of Pawn Broker, Secondhand Article Dealers and Secondhand Jewelry Dealers License for the 2017/2018 Licensing Term 43) Salvage Licenses for the 2017/2018 Licensing Term 44) Renewal of Class B Beer and Reserve Liquor License for Tailgatez Grill & Sports Bar, LLC, 4403 Schofield Avenue. 45) Weights & Measures Licenses for the 2017/2018 Term. Finance 46) 2016 Operating Budget Adjustments for Debt Service Fund and Capital Improvements Program (CIP) Capital Projects Funds. 47) Approve Village Vouchers from 05/12/2017-06/15/2017. Planning & Development 48) Acknowledgement of 2017 Recycling Grant in the amount of $78,575.05. VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #4 49) Ordinance No. 17-015: An Ordinance to Amend Sections 94.4.09(1) and (2) to Limit Front Yard Placement of Accessory Structures and Setting Additional Standards for Said Circumstance, Referencing the Definitions of Detached Garage, Utility Shed, Gazebo and Carport, Establishing Roof Load Standards, Driveway Requirements and a Code Reference. *Item pulled from consent. 50) Ordinance No. 17-017: An Ordinance to Amend Sections 94.12.06(3) and (4) to Establish and Clarify Standards for Parking Operable and Inoperable Motorized Vehicles in all Zoning Districts. *Item pulled from consent. 51) Ordinance No. 17-018: An Ordinance to Amend Section 94.16.12 to Establish Criteria for the Expiration of a Variance. *Item pulled from consent. 52) Ordinance No. 17-019: An Ordinance to Amend Section 94.17.04 to Establish Definitions for Detached Garage, Utility Shed, Gazebo and Carport. *Item pulled from consent. 53) Ordinance No. 17-020: An ordinance to amend Figure 3.05 in Section 94.3.05 Allowable uses in Non-Residential and Mixed Use Zoning Districts, to change the land use of Outdoor Display from a conditional use to a permitted use-by-right within the B-2 zoning district. *Item pulled from consent. 54) Ordinance No. 17-022: An Ordinance to Approve the Rezoning of Land from LI Limited Industrial to GI General Industrial at 8008 Technology Drive, Village of Weston, Marathon County, Wisconsin. *Item pulled from consent. Public Works 55) Ordinance No. 17-021: An Ordinance Renumbering Chapter 86 “Utilities” Renumbering Section 86.158 “Permanently Installed In-Ground Sprinkler Systems” To Section 86.2.336 “Permanently Installed In-Ground Sprinkler Systems” and Repealing and Recreating Chapter 86 “Utilities, Article IV Sewerage Utility” of the Municipal Code for the Village of Weston, Marathon County, Wisconsin. *Item pulled from consent. 56) Award Alderson St Micro-surfacing Project to Struck & Irwin Paving, Inc. for a total proposal price of not to exceed $8,153.60. 57) Approve Contract with Energenecs for installation of 3rd pump and related equipment at the Mesker-Jelinek sewage pump station in the amount of $89,975. 58) Award 2017 Water Utility Valve and Curb Stop Repairs Project to Tito, Inc. for a total proposal price of not to exceed $80,100.00. 59) Resolution No. 2017-027 by the Board of Trustees to Accept the 2016 Compliance Maintenance Annual Report for the Sewerage Utility. *Item pulled from consent. Motion by Berger, second by Ostrowski to approve items 30 to 47, acknowledge item 48 and approve items 56 to 58. Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #5 Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES CONSIDER ITEMS REMOVED FROM CONSENT. Item #49 Motion by White, second by Ostrowski to approve item #49 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES Item #50 Motion by Zeyghami, second by Berger to approve item #50 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES Item #51 Motion by White, second by Ostrowski to approve item #51 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #6 Ziegler, Jon - White, Loren YES Porlier, Mark YES Item #52 Motion by Porlier, second by Zeyghami to approve item #52 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES Item #53 Motion by Berger, second by White to approve item #53 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES Item #54 Motion by Ostrowski, second by Porlier to approve item #54 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #7 Item #55 Motion by White, second by Ostrowski to approve item #55 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES Item #59 Motion by White, second by Zeyghami to approve item #59 (pulled from consent). Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES EVIDENTIARY HEARING REGARDING COMPLAINTS AGAINST: 60) Danny’s of Weston, Inc., dba Danny’s Sports Page c/o Robert Greenheck regarding Non-renewal of Class B Beer and Liquor License. Marco Espinoza, representing Robert Greenheck, attended the hearing by telephone. Attorney Yde explained the hearing process. Higgins explained the summons and complaint. They were then marked as exhibits. There was a short discussion on zoning and occupancy permits. Mr. Espinoza indicated Danny’s was open on numerous occasions during the licensing period. He asked for an extension of one more year. He said he can provide exhibits that show improvements were made to the property. He was present for two of the six times they were open. Higgins asked Mr. Espinoza if work was done inside. He said yes. Higgins said she was not aware of any building permits taken out for that project. The building permits would have triggered the occupancy permit process. Higgins also said the final utility bill does not show any activity in 2016 and the Village does not have record of any personal property tax. Mr. Espinoza has no information regarding that. While he was there the water was being VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #8 used. He can provide witnesses that people from the public were there. If the license is revoked the property will be of less value. Attorney Yde referred to Section 6.102(c) of the Village’s ordinance which states the business must be open and in full operation within six months of granting the license. Mr. Espinoza does not know what full operation means. The six times it was open it was in full operation. The intent to comply was there, but they ran into significant issues with the building. There was a short discussion regarding new applicants applying for a license and the surrendering of licenses back to the Village. Ostrowski suggested issuing the license for another year, and if the property is not sold to another person and/or business then the license would be revoked. Mr. Espinoza said he is not sure if there was a building permit issued. Attorney Yde recommended the board modify Section 6.102(c) of the Village’s ordinance and leave it to the discretion of the Board to revoke licenses. White suggested the Board go into closed session to deliberate on this item. Ermeling said the Board will go into closed session after the other hearings are done. 61) Brandon J James regarding Non-renewal of Class B Beer & Liquor License. Chief Sparks explained the summons and complaint. Attorney Yde asked Mr. James if he had questions for Chief sparks. He said he understands the village’s ordinance and is agreement with the fact that he no longer qualifies for a liquor license. Attorney Yde also asked if he had any other evidence that he would like to present. Mr. James said the business was recently changed to an LLC with his mother being the only member. Attorney Yde said that would be for a separate license application and does not apply to the one being heard. Mr. James also said he has quit drinking since his arrest. He is going over and above what is required of him while on probation. His life is much better now. There was another short discussion on surrendering licenses back to the Village. Mr. James also stated he has had his current license for 10 years with very few incidents. 62) Crafties, LLC, dba Crafties, c/o Keith Rybacki regarding Recission of original license and/or non-renewal of Class B Beer License. Attorney Yde explained the summons and complaint. Guild reviewed the exhibits. Clerk Weinkauf and former Trustee Schuster were sworn in to provide testimony. Guild asked questions of both Weinkauf and Schuster. Refer to the audio for the detailed testimony (audio3 at 4:38 minutes). Attorney Turonie was present representing Crafties. He asked Schuster questions. To hear further testimony, refer to the meeting audio (audio3 at 15:07 minutes). Attorney Turonie then called Keith Rybacki to the stand. Mr. Rybacki was sworn in. For further testimony refer to the meeting audio (audio 3 at 16:44 minutes). Guild then asked questions of Mr. Rybacki. For further testimony refer to the meeting audio. (Audio3 at 21:15 minutes). Attorney Turonie pointed out that Mr. Rybacki never received copies of the exhibits with the summons and complaint. Attorney Turonie then called Mary Rose Pries to the stand. She was sworn in. For further testimony refer to the meeting audio. (Audio3 at 28:38 minutes). Attorney Turonie then called Mike Pries to the VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #9 stand. For further testimony refer to the meeting audio. (Audio3 at 32:44 minutes). Attorney Turonie called Chris Olson to the stand. For further testimony refer to the meeting audio. (Audio3 at 36:07 minutes). Guild then asked questions of Chris Olson. Attorney Turonie then called Weinkauf to the stand. For further testimony refer to the meeting audio. (Audio3 at 41:50 minutes). Attorney Yde indicated this is a rescission action and not a motion to non-renew. Guild then asked Weinkauf questions. For further testimony refer to the meeting audio. (Audio3 at 57:37 minutes). Attorney Turonie then asked Guild questions. For further testimony refer to the meeting audio. (Audio3 at 1:08:32 minutes). Attorney Turonie stated there is no legal case here. Yde asked the Board members if they had any questions they would like to write down and show to Attorney Turonie. They had no questions. Guild then gave a closing statement (audio3 at 1:12:14 minutes). Attorney Turonie then gave his closing statement (audio3 at 1:13:41 minutes). CLOSED SESSION: 63) Convene into closed session under Wisconsin State Statute 19.85 (1)(a) to deliberating concerning a case which was the subject of any judicial or quasi- judicial trial or hearing before that governmental body, and/or (b) to consider the licensing of any person licensed by a board or commission or the investigation of charges against such person, and/or (g) to confer with legal counsel for the governmental body who is rendering oral advice concerning strategy to be adopted by the body with respect to litigation in which it is likely to become involved, to consider the complaints listed above. Motion by Ostrowski, second by Berger to convene into closed session at 8:37 p.m. Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES 64) Reconvene into open session and take action. Motion by Ostrowski, second by Porlier to reconvene into open session at 9:26 p.m. Yes Vote: 6 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #10 Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES 65) Discuss record of factual finding and decision against defendants. Danny’s of Weston, Inc., dba Danny’s Sports Page c/o Robert Greenheck regarding Non-renewal of Class B Beer and Liquor License. Berger said he felt the ordinance was pretty clear. Motion by Berger, second by Ostrowski to non-renew the Class B Beer and Liquor licnese as the facts determined the establishment, for which the license was granted, has not been open for business and in full operation within six months of granting such license. Berger said he does not feel they were in full operation with only being open a day here and there. Yes Vote: 5 No Votes: 0 Abstain: 1 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang ABSTAIN Ziegler, Jon - White, Loren YES Porlier, Mark YES Brandon J James regarding Non-renewal of Class B Beer & Liquor License. Motion by Ostrowski, second by Porlier to non-renew the Class B Beer and Liquor licnese based on the fact that Brandon James was convicted of a felony and can no longer hold a beer or liquor license. Yes Vote: 5 No Votes: 0 Abstain: 1 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang ABSTAIN Ziegler, Jon - VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #11 White, Loren YES Porlier, Mark YES Crafties, LLC, dba Crafties, c/o Keith Rybacki regarding Rescission of original license and/or non-renewal of Class B Beer License. Porlier pointed out his vote on this licnese had changed over the history of this item coming before the board. Originally he voted to deny the license but then was given new information regarding the sampling of beer and changed his vote to approve the license. Motion by Porlier, second by Ostrowski to not rescind the Class B Beer licnese and renew the license allowing them to continue using the license for their current business. Q/Berger said he disagrees and feels the board was misrepresented when the license was orginally granted. He also feels there was orignally an agreement made that there would be no gambling machines in the establishment. Ermeling said she felt they were not being truthful. She questionsed how it was possible they put so much money into remodeling to only have the establishment have a capacity of approximately 13 people allowed at one time, and how that could be profitable. It did not make a lot of sense to her. She felt this was just a way to eventually get the gambling machines in the establishment. She also said this is not in the best interest of the Village. She said she felt they were not being honest. Yes Vote: 3 No Votes: 2 Abstain: 1 Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb NO Berger, Scott NO Ostrowski, Kevin YES Zeyghami, Hooshang ABSTAIN Ziegler, Jon - White, Loren YES Porlier, Mark YES NEW BUSINESS. 66) No comments. EXECUTIVE REPORTS. 67) Administrator a) Resolution No. 2017-029: A Resolution Authorizing Administrator Guild to close the Municipal Center on Monday, July 3, and consider this day a Holiday for the year 2017. Motion by White, second by Zeyghami to approve Resolution No. 2017-029. Q/ Berger said he is not in favor of creating another holiday just because it falls on an inconvenient day. VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #12 Yes Vote: 2 No Votes: 4 Abstain: Not Voting: 1 Result: Denied Trustee Voting Ermeling, Barb NO Berger, Scott NO Ostrowski, Kevin NO Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark NO 68) CDA Executive No comments. REMARKS FROM TRUSTEES. No comments. REMARKS FROM PRESIDENT. 69) Nomination and appointment of Vice-President to the Board of Trustees. White nominated Kevin Ostrowski. Ostrowski nominated White. Ermeling asked if there were any other nominations. There were none. She closed the nominations. Ermeling asked for all in favor of Kevin Ostrowski. White, Loren YES Porlier, Mark YES Ermeling asked for all in favor of Loren White. Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ermeling asked White if he accepted the nomination. White accepted. ANNOUNCEMENTS. 70) Special Meeting of Board of Trustees on Wednesday, July 5. ADJOURN UNTIL TUESDAY, JUNE 20th @ 6:00 P.M. 71) Next regular meeting will be Monday, July 24, 2017. Motion by Ostrowski, second by White to adjourn the meeting at 9:47 p.m.. VILLAGE OF WESTON, WISCONSIN AGENDA OF THE BOARD OF TRUSTEES JUNE 19, 2017; PAGE #13 Yes Vote: 6 No Votes: Abstain: Not Voting: 1 Result: PASS Trustee Voting Ermeling, Barb YES Berger, Scott YES Ostrowski, Kevin YES Zeyghami, Hooshang YES Ziegler, Jon - White, Loren YES Porlier, Mark YES Sherry Weinkauf, Clerk