VILLAGE OF TURTLE LAKE REGULAR BOARD MEETING MINUTES SEPTEMBER 16, 2013

Transcription

1 VILLAGE OF TURTLE LAKE REGULAR BOARD MEETING MINUTES SEPTEMBER 16, 2013 CALL TO ORDER: Village President Sheryl Gehrman called to order a regular meeting of the Turtle Lake Board of Trustees at 6:30 p.m. on Monday, September 16, ROLL CALL: PRESENT: Gehrman, Outcalt, Morton, Mandley, McCready, Becker, and Koenig. Absent: None. Others present were Clerk/Treasurer Danielle Maxwell-Parker, Police Chief Al Gabe, Public Works Director Cory Davis, Village Attorney Bill Thiel, Dave Slack of Halco Press; Paul Gont of SEH, Inc.; Mike Gutsch and Bobbi Wyss of Cumberland Healthcare; Jan Davis, Laurie Tarman and Willis and Deloris Selle, GTLAA; Greg LaFond, Bowmar Appraisal; Joe Johnston; Mike Clammer; and Tom Ludy and Tim Peaster of GreenWhey. REVIEW OF CONSENT AGENDA: It was moved by Mandley and seconded by Becker to approve the consent agenda as presented including the one operator's license. It was moved by Mandley and seconded by McCready to approve the rearrangement of the agenda to accommodate attendees and hold closed session to the end of the meeting. PUBLIC COMMENT: None. COMMITTEE REPORTS: The Personnel Committee met prior to the meeting. DEPARTMENTAL REPORTS: Administration Clerk/Treasurer Maxwell-Parker reviewed the past month, which consisted of meetings with the Village President and Building Inspector regarding signs, working with Sean Lents of Ehlers preparing for the special board meeting, managing two work comp claims, preparation for the Planning Commission meeting for another land division to be addressed, and non-compliance letters have gone out to a number of properties and will be followed up on this week. She continued that she had communications with the Village Attorney regarding several issues and has been working on the budget but is still waiting for the health insurance quote. A budget workshop is being scheduled for October 7, Maxwell-Parker concluded that they finished up the Turtle Lake portion of the ATV shoot with Discover Wisconsin, she and staff have been organizing files and she would like the Board to adopt a record retention schedule, possibly in December. Legal Maxwell-Parker informed the Board that the Legislature is again hearing the Room Tax amendment, the author is looking for a co-sponsor, and the Board should adopt a resolution as it did in February 2012 during the last legislative session. She continued that Act 25, the Utility Bill Disclosure law, came into effect in July and the Public Service Commission (PSC) has determined that utilities may continue using the postcard style bills. She noted that this is contrary to the language of the law and Village Attorney interpretation; however, the PSC is the regulatory agency and the Village will continue using the postcard billing method if it is permitted. Attorney Thiel confirmed that if the PSC allows the method, the Village may continue. Police Chief Al Gabe described that light duty in the form of office work was offered to the recuperating officer that has been out on sick leave. The leave and other circumstances have September 16, 2013 Regular Board Meeting Page 1 of 5

2 created tight schedules within the Department. He continued that they assisted with a search warrant with multiple counties and that meth is on the rise here and surrounding counties. He described school issues involving parental custody to which they have responded. He added that Dave Moin was able to get the ATV parking lot seal coating and that he attended a meeting with FBI, Police, and school officials recently in response to security concerns and public attacks throughout the Nation. Public Works Director Cory Davis stated that Niemann Drive and Cemetery Avenue and they are just waiting on signage and painting but are otherwise complete. He continued reporting that the generator has undergone repairs, they have sold numerous yards of black dirt, and the WWTP continues to work toward adjusting to its new flows. The biological phosphorus are now working well and other new fixes are being implemented to get the Plant back aligned. Library Gehrman stated that Director Adam Zens would attend every other meeting and that she attended the past Library Board meeting and that they are working on the budget. UNFINISHED BUSINESS: Facility Use Agreement with GTLAA Gehrman and Maxwell-Parker described the changes that are to be included in the final draft. Maxwell-Parker provided the Board with the areas in question by the GTLAA in the agreement and requested that the Board address those concerns of the GTLAA. Some items were clarified which did not bring changes. It was moved by Mandley and seconded by Koenig to recommend a five year term in the lease agreement. Outcalt encouraged to include the five year term with the GTLAA to purchase the property. The was brief discussion as to the option to purchase and reasoning behind why the Village purchased the property at this time. It was moved by Mandley and seconded by Koenig to withdraw his motion, as all recommendations would be incorporated under one motion. Willis Selle distributed an inventory of items at the museum to the Board. The question of building maintenance and repair was addressed and determined that the Village would be responsible for the major repairs, as landlord of the property. It was moved by Mandley and seconded by Koenig to approve the draft lease with the following changes: five (5) year lease with six (6) months term notice; on page 2 and under 3(b) to include upon request of Association and agreement of the Village Board, the Museum may be open for special events between Labor Day and Memorial Day; and that the Village is responsible for major maintenance. Roll call vote: Yeas Gehrman, Becker, Koenig, Morton, Mandley and McCready. Nays Outcalt. Motion carried. Land Division by Conceptual Plan at 301 and 303 Pine Street North Surveyor Mike Clammer, Gehrman and Gabe provided an update of the property condition following the provision made by the Board during the August meeting. Tim Tomosavich, property owner Warren Hodge's son in-law, has been very cooperative throughout the process. Gabe stated that the trailer axle broke limiting it from being hauled away. Gabe was informed that if the trailer could not be hauled away that it would be town down on site and removed. It was moved by Koenig and seconded by Gehrman to approve the land division and consolidation as presented. September 16, 2013 Regular Board Meeting Page 2 of 5

3 Rezoning Ordinance to Rezone Subdivisions It was moved by Koenig and seconded by Gehrman to rezone the subdivided properties from C-1 Conservancy to B-2 Highway Commercial. The certified survey map was signed and Clammer tis to send the Village a copy once it has been recorded. Adoption of Revised Ordinance, Title 13, Article G Signs & Billboards Gehrman explained that the Commission reviewed the entire proposed ordinance and conferred with the Building Inspector, Cliff Manwiller. The Commission took recommendations of Manwiller to limit signage of businesses to a percentage of the premise versus a set square footage. Offpremise/billboards are prohibited and off-premise is limited to the total square footage of the premise. There was a question regarding billboards and annexations if they exist; such signs are grandfathered as a matter of law. There was brief discussion and clarification regarding off-premise signs. Enforcement would be handled by the Building Inspector via citation; Attorney Thiel is looking into the Village's Code related to authorization of citation issuance. It was moved by Koeing and seconded by Becker to adopt the ratified Village Ordinance Title 13, Article G Signs and Billboards as presented and recommended by the Planning Commission. NEW BUSINESS: Awarding of Bids for Well #4 Completion and Water Main Connection The Village was notified that the State has yet to provide a contract for the funding. Therefore, no bids may be awarded until the contract is signed. Bids are good for 60 days and if a contract is supplied, the item will be addressed during the Special Board meeting scheduled for October 7 th. Cumberland Healthcare Presentation Administrator Mike Gutsch introduced himself, along with Bobbi Wyss. Gutsch presented on current services and changes in 2013 and Wyss presented on the new clinic, located in the former Torgy's building at 632 Highway 8 & 63, which is scheduled to open early Final Memorandum of Understanding between Raymond R. Kasper Easter and Village Attorney Thiel described discussion with the Kasper's attorney, Brian Byrnes. He expressed that there was an issue with some language and land descriptions. Thiel recommended to ratify the agreement subject to final approval and the deed and language to match with the intent of the Board. It was moved by Mandley and seconded by McCready to approve the Memorandum of Understanding between the Village and Raymond R. Kasper Estate related to the boundary discrepancies as recommended by the Village Attorney and his final review and execution of the agreement. Consideration of Possible Asphalt Issues at Infinity Retail Services It was moved by Mandley and seconded by McCready to table this item until the spokesperson for Infinity on this issue, Joe Berghammer, arrives. Director Davis did inform the Board that he received notice today that there would be a meeting with representatives from all recent construction projects at the site on Wednesday. September 16, 2013 Regular Board Meeting Page 3 of 5

4 Police Department Building Repairs This item was addressed during the Special Board meeting, held on September 10, 2013, during budget discussions. Maintenance Assessment Agreement with Bowmar Appraisal Greg LaFond introduced himself and expressed that they tried to keep costs down, which are reflected in the agreement. He continued to describe new Department of Revenue requirements with assessment reporting which consists of approximately 200 pages, DOR request for each community's expense/income statements, and questions of enforcement. It was moved by Mandley and seconded by Koenig to approve the contract between the Village and Bowmar Appraisal for as written. Wastewater Agreement with GreenWhey Energy, Inc., and Proposed Amendments by GreenWhey This item was introduced and it was noted that Tom Ludy of GreenWhey Energy, Inc., signed the wastewater treatment agreement on June 5, 2012, and since that time a number of items have not been fulfilled on GreenWhey's part which caused a letter of notice regarding the breach of contract to be sent to GreenWhey on August 29, Ludy commented on each of the five violations in the letter. He stated that the Village would have access to the building via phone call, that the plumbing plan was not yet ready, the portable sampler is available to the Village, that he spoke with DNR regarding sampler access and that there is no area related to Village access needs qualify as confined space. He continued that the meter is on the opposite side of the wall and that the chart recorded will offer access to the GreenWhey computer system remotely from the Village computer. He expressed that since the contract was signed in 2012, a lot of changes were needed to be made by GreenWhey for financial and insurance reasons. He described the building security and access with round the clock GreenWhey staff. Ludy described the GreenWhey option to construct a building and dig to install a sampler system; he stated that GreenWhey has no funds to do that and requests to negotiate with the Village regarding access and wishes to maintain a cooperative relationship. He added that he does not wish to construct a separate building and that two toilets and two sinks are not metered and will not be tied in to the sampler system. It was moved by Mandley and seconded by Becker to enter into executive/closed session for the purpose of developing a bargaining strategy and allowable under Wis. State Statute 19.85(1)(e) at 8:30 p.m. It was moved by Mandley and seconded by Becker to exit executive/closed session for the purpose of developing a bargaining strategy and allowable under Wis. State Statute 19.85(1)(e) at 9:00 p.m. Consideration to Negotiate the Purchasing of Public Properties - It was moved by Koeing and seconded by Mandley to enter into executive/closed session for the purpose of developing a bargaining strategy and allowable under Wis. State Statute 19.85(1)(e) at 9:01 p.m. September 16, 2013 Regular Board Meeting Page 4 of 5

5 It was moved by Becker and seconded by Mandley to exit executive/closed session for the purpose of developing a bargaining strategy and allowable under Wis. State Statute 19.85(1)(e) at 9:07 p.m. It was moved by Mandley and seconded by Becker to purchase the property facing tax deed acquisition by Barron County, located at the corner of Martin Avenue East and Maple Street South, Parcel ID # Consideration of Employee Compensation - It was moved by McCready and seconded by Morton to enter into executive/closed session for the purpose of discussing a public employee of which the governmental body exercises responsibility and allowable under Wis. State Statute 19.85(1)(c) at 9:13 p.m. It was moved by Mandley and seconded by Becker to exit executive/closed session for the purpose of discussing a public employee of which the governmental body exercises responsibility and allowable under Wis. State Statute 19.85(1)(c) at 9:25 p.m. BILLS AND CLAIMS: It was moved by Becker and seconded by Koenig to approve the bills and claims for the Village as presented and in the amount of $117, ADJOURNMENT: It was moved by Becker and seconded by Mandley to adjourn this meeting of the Turtle Lake Board of Trustees at 9:26 p.m. Prepared by: Danielle E. Maxwell-Parker Village Clerk/Treasurer September 16, 2013 Regular Board Meeting Page 5 of 5