BROWN DEER VILLAGE BOARD
JUNE 4, 2001 MEETING MINUTES
HELD AT THE BROWN DEER VILLAGE HALL
4800 WEST GREEN BROOK DRIVE
The meeting was called to order by President Jaberg at 7:30 P.M.
I. Roll Call
Present: Village President Jaberg, Trustees: Baker, Kundinger (8:30), Moranski, Nealy, Schilz, Schneider
Excused: None.
Also Present: Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Todd Schmidt, Assistant Village Manager; Mary Kay Buratto, Community Development Director; Virginia Goode, Park and Recreation Director; Jane Peterson, North Shore Health Department Director; James Buske, Engineering Technician
II. Pledge of Allegiance
III. Persons Desiring to be Heard
Kurt Gross (5331 West Glenbrook Road) expressed concerns about drainage piping in the Glenbrook Road and Silverleaf Lane area and opposition to being charged for the installation of piping in his ditch.
Gerald Freidenfeld (9345 North 51st Street) proposed concerns about the use of phones while driving. He asked that the Police Department review the cause of accidents, including the use of cell phones, and to adopt an ordinance to prohibit the use of phones while driving.
Eugene Malloy (8942 North Silver Brook Lane) said that he believes the use of closed session by the Village Board is being abused. He asked that the Village Board consider placement of closed session items earlier in the agenda. Attorney Dineen noted that the closed session meetings are not held at the end of the meeting, however the Village Board comes back into open session prior to the end of the meeting at which public are welcome to be present. He noted that it is common for closed session to be held at the end of the meeting as a service to the residents so they are able to view the regular meeting business at reasonable times. Attorney Dineen added that the reason for frequent closed sessions of the Board is the pending litigation against the Village.
John Gibbs (8542 North 63rd Street) expressed concerns about the placement of closed session at the end of the agenda. Mr. Van Gompel said that he responds to the media after each Village Board meeting to discuss any action taken after a closed session.
IV. Consideration of Minutes: May 21, 2001 - Regular Meeting
It was moved by Trustee Moranski and seconded by Trustee Nealy to approve the May 21, 2001 regular meeting minutes. The motion carried unanimously 5-0, with Trustee Schilz abstaining.
V. Committee Reports
A) Beautification Committee - Trustee Schneider
1) Landscape Standards
Trustee Schneider discussed the efforts of the Beautification Committee to establish landscape standards for the Village. She reported that existing policies from other communities were researched, and the policy was drafted by staff and recommended for approval by the Beautification Committee.
It was moved by Trustee Schneider and seconded by Trustee Nealy to approve the Village of Brown Deer Landscape Standards. Trustee Schilz asked why these standards are not included as part of the Village Code. Mr. Van Gompel noted that adopting the standards as policy as opposed to ordinance provides the Beautification Committee with some flexibility when they consider landscape plans. The standards would be provided to a developer prior to the creation of a landscape plan to inform them of the expectations of the Beautification Committee. Trustee Schilz expressed concern that the standards would not be absolutely enforceable. President Jaberg asked how the decision of the Beautification Committee may be appealed. Discussion continued regarding the enforceability and use of the proposed standards. The motion carried unanimously.
VI. Unfinished Business
None.
VII. New Business
A) Consideration of Senior Citizen's Meal Program
Ms. Goode discussed the Senior Citizen’s Meal Program. She noted that the program application has been reviewed by the School Board and Brown Deer Senior Meal Program Planning Committee.
It was moved by Trustee Moranski and seconded by Trustee Baker to endorse the Senior Citizen’s Meal Program and authorize Village Staff to submit the Brown Deer Senior Meal Program application to the Milwaukee County Department on Aging, pending resolution of issues identified in the memorandum from Virginia Goode dated May 31, 2001. Discussion continued regarding the operation and maintenance of the program. Trustee Schilz asked who would be responsible for resolving the pending issues. President Jaberg indicated that the School District legal counsel should review the agreement. Trustee Schneider asked that the Village Board be apprised of the status of the pending issues. Concerns were raised regarding the size of the facility and number of participants in the program. Ms. Goode noted that daily attendance limits may be set for the program. The motion carried unanimously.
B) 4th of July Celebration Licenses and Permits
It was moved by Trustee Schneider and seconded by Trustee Schilz waive the applicable fees for license applications for the 4th of July Committee. The motion carried unanimously.
It was moved by Trustee Moranski and seconded by Trustee Schneider to approve the Brown Deer 4th of July Committee applications for Temporary Class "B" Retailer's License, Soda Water Beverage License, Parade and Public Assembly, and Transient and Temporary Outdoor Entertainment. The motion carried unanimously.
It was moved by Trustee Schilz and seconded by Trustee Baker to select Simply Delicious Distributors as concession vendor for the 4th of July Celebration, and waive the applicable permit fees. The motion carried unanimously.
C) Applications to Sell Liquor for 2001-2002
It was moved by Trustee Moranski and seconded by Trustee Nealy to approve the list of applicants who have applied to obtain a license for intoxicating liquor and fermented malt beverages. The motion carried unanimously.
D) Approval of Sidewalk on North 55th Street
Mr. Van Gompel noted that the final sidewalk design is yet to be completed, and that sufficient funds are available to cover the estimated cost of $25,000. Trustee Schilz asked that the Traffic and Public Safety Committee review traffic signage along North 55th Street at the intersection of West Nokomis Road and the entrances to the Dean School parking lot.
It was moved by Trustee Schilz and seconded by Trustee Baker to approve the construction of an asphalt sidewalk on the west side of North 55th Street between West Dean Road and to a point north of West Bradley Road where the current sidewalk ends, and that the asphalt sidewalk be placed in approximate alignment with the existing sidewalks, with the exception of the area adjacent to the landscaped area, with the provision that the Police Department and Traffic and Public Safety Committee review traffic signage at the entrances to the Dean School parking lot on 55th Street. The motion carried unanimously.
E) Ordinance No. 01-, "In the Matter of Amending Section 2-12.01 of Volume I, Chapter 2, Article 12, Park and Recreation Committee "Creation and Composition" of the Brown Deer Village Code"
It was moved by President Jaberg and seconded by Trustee Schilz to approve Ordinance No. 01-, "In the Matter of Amending Section 2-12.01 of Volume I, Chapter 2, Article 12, Park and Recreation Committee "Creation and Composition" of the Brown Deer Village Code". The motion carried unanimously.
F) Establish Public Hearing for 2002 Community Development Block Grant
It was moved by Trustee Moranski and seconded by Trustee Nealy to schedule a public hearing for Monday, July 2, 2001, to consider the 2002 Community Development Block Grant applications. The motion carried unanimously.
VIII. Committee Appointments
The Village President appointed Rose Perkins for a one-year term to the Board of Appeals.
It was moved by President Jaberg and seconded by Trustee Nealy to confirm the appointment to the Board of Appeals. The motion carried unanimously.
The Village President appointed Trustee Baker to the Library Board.
It was moved by President Jaberg and seconded by Trustee Schilz to confirm the appointment to the Library Board. The motion carried unanimously.
President Jaberg indicated that she will provide regular reports on meetings of the Intergovernmental Cooperation Council and North Shore Fire Department Board of Directors. She asked Trustee Nealy to make regular reports regarding meetings of the League of Wisconsin Municipalities.
IX. Departmental Report - Community Development
Ms. Buratto introduced the Community Development Department and projects being completed by the department. Mr. Buske discussed the Graphic Information System (GIS) in place in the Village and the capabilities of the system. Ms. Buratto discussed current development projects and the role of the Community Development Department in the development process.
X. Administrative Report
Mr. Van Gompel suggested that the Village Board consider meeting with a staff member from the Milwaukee County Extension office to discuss options for initiating a strategic planning process and introduce the overall planning process. In addition, Trustee Schneider asked for information from other communities that detail how they have completed strategic planning processes.
Mr. Van Gompel reported that Brisben has refiled their complaint against the Village in federal court. A response has been filed on behalf of the Village by a legal firm appointed by the Village's liability insurance carrier.
Mr. Van Gompel reported that a resident has expressed concerns regarding the removal of "Children Playing" warning signs in the Village. The issue is being researched and will be considered by the Traffic and Public Safety Committee.
XI. Recess into Closed Session pursuant to '19.85 (1) (c) (g) Wisconsin Statutes for the following reasons:
c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility.
g) Considering with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved.
It was moved by Trustee Nealy and seconded by Trustee Kundinger to recess into closed session pursuant to ' 19.85(1)(c)(g) Wisconsin Statutes for the reasons stated in the agenda at 9:17 P.M. The motion carried unanimously.
XII. Reconvene into Open Session for possible action on Closed Session deliberations
It was moved by Trustee Moranski and seconded by Trustee Nealy to reconvene into open session for possible action on closed session deliberations at 9:54 P.M. The motion carried unanimously.
It was moved by Trustee Kundinger and seconded by Trustee Schneider to approve a special salary adjustment of two percent for Lieutenant George King as outlined in the salary plan. The motion carried unanimously.
XI. Adjournment
It was moved by Trustee Schilz and seconded by Trustee Nealy to adjourn at 9:55 P.M. The motion carried unanimously.
Russell Van Gompel, Village Manager