Village of Summit Village Board met Jan. 14.
Here is the minutes provided by the board:
CALL TO ORDER
President Riley called to order the Summit Village Board meeting at 6:30 pm at the Summit Village Hall, 37100 Delafield Road, Summit, WI.
ROLL CALL AND CONFIRM POSTING
Clerk Michael took roll call and confirmed that the meeting notice was provided to the local media and posted on the Village posting board and website as required and requested. Trustees present were: Jim Petronovich, Sandy Casterline, Kraig Arenz, Sr., and Jeff Lee. Also present were: President Jack Riley, Administrator-Clerk/Treasurer Debbie Michael, Planner Henry Elling, Police Chief Mike Hartert, DPW Crew Jared Beauchamp and Fire Chief Brad Bowen.
PUBLIC COMMENT - none
CONSENT AGENDA - Items listed under the Consent Agenda are considered in one motion unless a Village Board Member requests that an item be removed from the Consent Agenda A. Minutes of October 22, 2020 Special Village Board & Plan Commission meeting and December 10, 2020 regular meeting
B. December, 2020 payables
MOTION: (Petronovich, Lee) to approve the consent agenda as presented. Carried.
PLAN COMMISSION
Discussion and action on Change Order from SEH for the Bark River LOMR project
MOTION: (Arenz, Lee) to approve the December 2, 2020 Change Order with SEH for the LOMR submittal for Bark River weir modification/CTH P Bridge Project. Carried.
Discussion and action to authorize payment of the LOMR submittal fee for the Bark River project
MOTION: (Arenz, Petronovich) to acknowledge the $8,000 application fee to FEMA for the Bark River Letter Map Amendment and apply this payment to line #511076. Carried.
Discussion and action on STH 67 park-n-ride purchase by Rock River Holdings LLC Planner Elling gave background on the issue and stated there was a memorandum of understanding between the Town, the DOT and Jerry Erdmann the developer that it would be purchased by him and made into open space. Part of the development agreement and rezoning in 2008 was conditioned on the developer purchasing the park and ride to be used as part of their development. A rezoning ordinance has been drafted for the rezoning request of Mr. James but we need to know if the board wants to continue that condition, set it aside or modify it. The bank has no interest in purchasing the land. It then would be offered to the Village. Looking for direction to take back to the plan commission on their concern and requirement of purchase by the developer.
President Riley asked about the overall plan for that location, he remembers that in order to get the PUD and the density that that land had to be included as open space. Planner Elling stated that was part of the master development plan. The DOT committed to selling that land when it was no longer needed. TKLW stated they would take that land to have additional lots. If the park and ride is no longer part of the development, we’d have to notify the developer that the remainder of the vacant land will be reduced for development because of that offset.
President Riley stated last month we had a master plan amendment because it changed from commercial to residential. Wouldn’t the change of not having that area (the park n ride) require a master plan amendment? Planner Elling stated yes, if they chose not to purchase that.
President Riley stated there are two options: agree to the agreement or change the density.
Planner Elling stated when talking about the density we are talking about the impervious areas within the entire area.
Greg James, Condo Development Inc., showed on the map that the lands are right of way, so that is public land already, doesn’t understand how the developer could have agreed to buy right of way lands. Trustee Arenz stated because it actually is surplus state right of way.
Mr. James stated he sent a letter to Henry regarding a state law, Section 66-10015 (2) that prevents local governments from applying changes after an application for development has been submitted and now this requirement is being placed on his development after he submitted months ago.
Mr. James agrees it is unsightly but does not think it should be placed on him or hold up his development.
Planner Elling stated Mr. James correctly sites a section of the state statute but that doesn’t include rezoning. The opinion of Village Attorney Macy is that this is an existing condition, nothing that is new. In terms of the requirement, he is only stating what is in the code.
Mr. James is willing to help but does not think it should hold up his project,
Planner Elling said he talked to Denise Waheed, the real estate person for Wisconsin District at DOT, she confirmed that nobody remains at DOT from when this was first started. She said she talked to Ryan Myhre from Rock River Holdings (the bank) and he told her they have no interest in purchasing the land. No formal offer was made. Planner Elling asked her what the purchase number would be but she did not have that. Ms. Waheed will get back to Henry next week.
President Riley asked how any new developers will know about this. Planner Elling stated he will write it into the amendment that the bank will need to sign as the owner. President Riley stated but if a developer comes in and their proposal meets the zoning, there wouldn’t be a rezoning so it would not come up as a point of discussion.
President Riley stated he is hearing that we want to fix this now but doesn’t want to hold up what is currently approved. Planner Elling will draft ordinance that states Mr. James’s project can go forward and then to work on specific language with Attorney Macy and bring back. Planner Elling stated that if it is a zero dollar exchange, the other property holders could take ownership of this parcel as well.
Discussion and action on professional fees related to Condo Development Inc.
It was reported that Mr. James has paid the balance, other than an approximate $40 invoice that was just sent out. President Riley questioned with the issue of the bank and the previous gas station developer that did not pay his chargebacks that requiring another deposit would be good protection for the Village. Planner Elling gave an estimate of $1,200 for the remainder of the project. Mr. James agreed to send in a deposit of $1,200.
Update on Master Plan subcommittee applications
Planner Elling stated that the board received several applications emailed to them yesterday. They will take action on this next month.
Discussion and action on reduction in Cash Deposit for William Hahn’s improvements to Jenkins Drive
MOTION: (Petronovich, Casterline) to revise the amount of the fourth reduction in the Cash Deposit for the Hahn property on Jenkins Drive from $11,925 to $3,825 based on the report of the Village Engineer and corrected calculations by the Village Planner using account balance from the Village Treasurer. The remaining $3,567.50 warranty amount shall be held until the November 11, 2021 Village Board meeting. Carried.
PUBLIC WORKS DEPARTMENT
Monthly Report
Jared Beauchamp reviewed the monthly report (on file).
Discussion and action on hiring part-time seasonal employee for snow plowing activities
MOTION: (Petronovich, Arenz) to hire Kevin Roberts as a part-time seasonal employee at $19.00 per hour with not benefits. Pay to include overtime on Holidays and Sundays for the 2021 snow removal operations. Carried.
Discussion and action on sale of 1997 Morbark Chipper
MOTION: (Arenz, Lee) to approve the listing of the 1997 Morbark chipper on Wisconsin Surplus Auction site and to set a minimum bid prior to listing. Carried.
Update on Public Works Director applications
Administrator Michael stated there were nine applications received by the deadline. Later on the agenda, there will be further discussion on the process moving forward.
POLICE DEPARTMENT
Monthly Report
Chief Hartert reviewed the monthly report (on file). Thanked Chief Bowen for being proactive with the COVID situation and keeping us apprised to the latest information.
Discussion and action on Sex Offender Ordinance
Chief Hartert stated we need to close the loop on how the review board will be set up. Trustee Arenz stated he prefers it being a resident board. Trustee Casterline questioned how much time this would involve for the participants. Chief stated it depends on the cases but thinks it would be minimal. Trustee Casterline questioned should we make a decision or policy on how the people would be appointed and what the term would be. Chief Hartert questioned if they want a 3 person board or a 5 person board and for reference stated the Village of Dousman has a three person board. Three person was suggested with a 5 year staggered term. President Riley asked Chief to check with Attorney Macy if there is any training that could be provided to the appointees.
MOTION: (Arenz, Casterline) to direct chief to complete the sex offender ordinance with changes to the makeup of the board as discussed this evening. Carried.
Discussion and action on acceptance and designation of $500 donated funds for civil disturbance equipment
MOTION: (Petronovich, Casterline) to approve the designation of $500 in donated funds for civil disturbance equipment. Carried - Arenz abstained.
Discussion and action on Ordinance #91-2021 to Modify Section 14-50 of the Summit Village Code related to an increase in the Warrant Fee
Chief Hartert stated Summit is on the low end of surrounding communities and would recommend an increase to $40.
MOTION: (Arenz, Lee) to approve Ordinance #91-2021 – An Ordinance to modify Section 14- 50 of the Summit Village Code which raises the Warrant Fee to $40. Carried.
WESTERN LAKES FIRE DISTRICT
Monthly Report
Chief Bowen reviewed the December, 2020 report (on file).
There was discussion regarding the Town of Oconomowoc as a contract customer. Trustee Arenz stated the Town of Oconomowoc fits in with the rest of the demographics and calls of the ownership of the district and thinks that would be a logical next step.
VILLAGE BOARD
Discussion and action on Silver Lake boat launch plan
Trustee Arenz stated he requested this be on the agenda this month and gave the past history. Silver Lake Management District’s key focus is to try and oversee the changes and that the boat launch operates as they want it to. 1 ½ years ago it came to our attention that the DNR was going to come out and re-do the boat launch. We asked them to stop and work with the Silver Lake Management District going forward. The lake management district raised the funds, got an engineer involved and has been working with the DNR on the design.
President Riley thanked Nate Rice and the Silver Lake Management District for working together with the DNR on this project.
MOTION: (Arenz, Casterline) to accept the plans for the Silver Lake boat launch parking lot at 37304 Valley Road as described and presented on January 14, 2021.
Trustee Lee asked if the Silver Lake Management District has any concerns with the plan or if they are happy with it. Nate Rice stated there were some concerns about a valley area and the drainage. Nate Rice asked if there is a change made to the plan would they need to come back to the board. Trustee Arenz stated he is the liaison and if there is a change and he feels it does not meet the original intent he will bring it back to the board. Carried.
Discussion and action on acceptance of resignation of Ann Hasselkus as alternate member of the Plan Commission
MOTION: (Arenz, Casterline) to accept Ann Hasselkus’s resignation as an alternate member of the Plan Commission effective December 31, 2020. Carried.
Discussion and action on appointment of alternate member of Plan Commission for a term to expire May, 2023
MOTION: (Arenz, Riley) to appoint Jason Albert as Alternate Member of the Plan Commission with a term to expire May, 2023.
Trustee Arenz stated he chose Jason because he has been a resident for a number of years and the question is do we only want people on the plan commission who are landscapers and previous plan commissioners or do we want to have a different composition.
Trustee Petronovich stated he likes diversity on the board and we only have one woman.
Trustee Casterline stated she agrees with Trustee Petronovich and would like to have another women at this time and thinks the women who is interested could bring some different background with her legal experience. Trustee Casterline knows her and lives in the same neighborhood. Trustee Casterline also would like to see more of a mix of viewpoints.
3 ayes, 2 opposed (Casterline, Petronovich). Carried.
Discussion and action on status of Oconomowoc Parents for Baseball Inc. Agreement
Planner Elling provided an update stating that we have since received the annual payment of $6,500 for use of the fields in 2020 so no further action is required.
Discussion and action on procedure for review, selection, and interviewing of candidates for Public Works Director position
President Riley explained that he had discussion with Chief Bowen and the Western Lakes Fire District hired Karen Mundt as HR Director and they talked about that and if she would be willing to help with review and hiring and the process. Chief Bowen will give President Riley a proposal for her time and then we can work with her to develop our process and ultimately hire somebody.
Trustee Arenz stated he likes the process and that Chief Bowen and the board are allowing us to use the districts resource but we are already half way through January and we shouldn’t wait until the February meeting to move forward.
MOTION: (Arenz, Lee) to approve President Riley to engage with Karen Mundt and come back with a plan for review, selection and interviewing. Carried.
Discussion and action on Families First Coronavirus Response Act
Chief Hartert stated he reviewed this with President Riley and thinks we should extend this until March 31, 2021 and reminded the board that the Village did get additional funds from the grants. Additionally with the Corona Virus vaccine they have seen with the second dose, people have been having symptoms and would like that time off to be included.
MOTION: (Arenz, Lee) to honor the FFCRA until March 31, 2021 and continue coverage for any COVID related complications. Carried. Casterline opposed.
Discussion and action on notice of retirement from Henry Elling, Village Planner/Zoning Administrator
MOTION: (Arenz, Casterline) to accept the retirement of notice of Henry Elling, Village Planner/Zoning Administrator effective April 16, 2021 and thank him for his years of service. Carried.
Discussion and action to set date for special Village Board meeting/workshop
Trustee Arenz stated we just talked about having a separate special meeting. Monday, January 25th Noon – 4 pm. Agenda items: staffing and organizational chart items.
Discussion and action to set date and items for February 11, 2021 regular Village Board meeting
Possible agenda items: proclamation for Ann Hasselkus, four items from Trustee Casterline related to Master Plan update process, permitting process for street occupancy of dumpsters, pods, etc., sex offender ordinance, auto insurance, swearing in new officer, rezoning ordinances.
ADJOURN VILLAGE BOARD MEETING
MOTION: (Lee, Petronovich) to adjourn at 8:30 p.m. Carried.
https://summitvillage.org/wp-content/uploads/2021/03/Jan-14-VB.pdf
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