BROWN DEER VILLAGE BOARD
MAY 21, 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, Moranski, Nealy, Schneider
Excused: Trustee Schilz
Also Present: Russell Van Gompel, Village Manager; Todd Schmidt, Assistant Village Manager; Mary Kay Buratto, Community Development Director; Larry Neitzel, Operations Superintendent; Marty Glodoski, Water Utility Superintendent
II. Pledge of Allegiance
III. Persons Desiring to be Heard
D’Ann Malloy (8942 North Silver Brook Lane) appeared on behalf of the Brown Deer Woman’s Club and presented a $300 donation to the Brown Deer Library and $350 donation to the 4th of July Celebration.
Jerry Schmitz (6507 West Glenbrook Road) noted that it would take until mid-July for a Code Compliance Inspection to take place on his home, which may cause some problems for him. He asked that some relief be provided to the Building Inspection Department so Compliance Inspections may be completed more quickly.
Philip Jensen (5765 West Glenbrook Road) asked that the Village Board approve the Ditch Rehabilitation Policy. He expressed concerns about the re-opening of the Brisben lawsuit.
Trustee Schneider welcomed the addition of the pledge of allegiance to the agenda.
IV. Consideration of Minutes: May 7, 2001 Regular Meeting
It was moved by Trustee Moranski and seconded by Trustee Nealy to approve the May 7, 2001 regular meeting minutes. The motion carried unanimously.
V. Committee Reports
A) Building Board - Trustee Moranski
No action required.
B) Beautification Committee - Trustee Schneider
No action required.
C) Park and Recreation – Trustee Schilz
No action required.
D) Traffic and Public Safety - Trustee Nealy
No action required.
E) Library Board - Trustee Nealy
No action required.
F) Planning Commission - Village President Jaberg
1) Approve Conditional Use Permit for U.S. Cellular Antennae and Ground Installation at the Water Utility Stand Pipe at 4290 West Calumet Road
It was moved by Trustee Nealy and seconded by Trustee Moranski to approve the Conditional Use Permit for the U.S. Cellular Antennae and Ground Installation at the Water Utility Stand Pipe at 4290 West Calumet Road contingent upon approval of the lease agreement by the Water Commission and approval of a special exemption permit by the Zoning Board of Appeals. The motion carried unanimously.
2) Ordinance No. 01-, "In the Matter of Renaming Woods Drive in the Donges Woods Subdivision"
It was moved by Trustee Nealy and seconded by Trustee Kundinger to adopt Ordinance No. 01-, "In the Matter of Renaming Woods Drive in the Donges Woods Subdivision". The motion carried unanimously.
3) Establish a Public Hearing for a Conditional Use Permit for Hadassah Upscale Resale at 7701 North Teutonia Avenue
It was moved by Trustee Nealy and seconded by Trustee Kundinger to establish a public hearing for June 18, 2001 for Hadassah Upscale Resale at 7701 North Teutonia Avenue. The motion carried unanimously.
4) Resolution No. 01-, "Discontinue a Portion of the Pavement of North 54th Street at the Crossing of Southbranch Creek"
Mr. Van Gompel noted that a Public Information Meeting will be held on June 14th and a Public Hearing is to be scheduled for July 2nd at the Brown Deer Public Library. Attorney Dineen said that the resolution is not to be approved tonight, however the introduction of the resolution should be acknowledged.
It was moved by Trustee Nealy and seconded by Trustee Schneider to introduce the Resolution and schedule a public hearing for July 2, 2001 on the matter of Resolution No. 01-, "Discontinue a Portion of the Pavement of North 54th Street at the Crossing of Southbranch Creek". The motion carried unanimously.
G) Finance/Public Works – Trustee Schneider
1) Ditch Rehabilitation Policy
Trustee Schneider reported that a public informational meeting was held regarding the ditch rehabilitation policy. She discussed the considerations made by Village Staff and the Finance and Public Works Committee.
It was moved by Trustee Schneider and seconded by Trustee Kundinger to adopt Resolution No 01-, "Resolution Establishing the Village of Brown Deer Drainage Ditch Rehabilitation Policy". The motion carried unanimously.
2) Award Contract for the 2001 Crack Sealing Program
It was moved by Trustee Schneider and seconded by Trustee Nealy to award a contract in the amount of $7,374.45 to Precision Sealcoating, Inc. of Princeton, Wisconsin, for cracksealing on various streets and the playgrounds at Dean School and Middle School. The motion carried unanimously.
3) Award Contract for Final Well Testing and Closure Reports to PECFA Site at the DPW Complex
It was moved by Trustee Schneider and seconded by Trustee Moranski to award a contract for final well testing and closure reports for PECFA site at the Municipal Complex to Drake Environmental, Inc. at a cost not to exceed $12,325 and to direct Village staff to apply for final PECFA reimbursement of costs incurred. Trustee Baker asked what would occur if additional contamination was found. Mr. Neitzel noted that additional testing may need to be completed. Mr. Van Gompel reported that there will be no budgetary impact in 2001 if the reimbursement application is submitted this year. The motion carried unanimously.
4) Award Contract for Traffic Impact Analysis Study for Green Bay Road from Deerwood Drive to County Line Road
Ms. Buratto discussed her review of the proposed solutions and conditions at the intersection of Schroeder Drive and Green Bay Road. She noted concerns regarding moving the frontage road further east, and concluded that closure of the frontage road would be the most feasible solution. Abandoning the drive, however, may have an adverse impact on other areas of the roadway. The traffic analysis is intended to assess the impact of these options on the traffic in the area.
It was moved by Trustee Schneider and seconded by Trustee Kundinger to award a contract for a Traffic Impact Analysis for the area along Green Bay Road between County Line Road and Deerwood Drive to HNTB in the amount not to exceed $12,100. The motion carried unanimously.
5) Consideration of Vouchers
It was moved by Trustee Schneider and seconded by Trustee Nealy to approve for payment Check Numbers 31473 to 31525, and Check Numbers 31570 to 31712 in the amount of $394,139.73, and to ratify for payment invoices due on or before May 21, 2001, in the amount of $90,251.20, aggregating a total amount of $484,390.93. The motion carried unanimously.
Trustee Schneider reported that the regular meeting date for the Finance and Public Works Committee has been changed to the Wednesday following the first Monday of every month.
VI. Old Business
A) Agent Appointment for Diamond Jim's at 4740 West Bradley Road
This item was considered at the last Village Board meeting, however concerns were raised because the named secretary was no longer involved with the corporation. Mr. Van Gompel reported that clarification has been made as to the secretary of the corporation.
It was moved by Trustee Moranski and seconded by Trustee Kundinger to appoint James W. Liermann as Agent and Susan Liermann as Secretary for Jay and Kay Enterprises, the corporation that holds the Class "B" Intoxicating Liquor and Class "B" Beer License for Diamond Jim's located at 4740 West Bradley Road. The motion carried unanimously.
B) Committee Appointments
The Village President appointed Reverend John McBeth for a five-year term to the Board of Review.
It was moved by Trustee Kundinger and seconded by Trustee Schneider to confirm the appointment to the Board of Review. The motion carried unanimously.
The Village President appointed Lorraine P. Carter for a three-year term to the 4th of July Committee.
It was moved by President Jaberg and seconded by Trustee Kundinger to confirm the appointment to the 4th of July Committee. The motion carried unanimously.
The Village President appointed Julie Quirk for a one-year term to the Beautification Committee.
It was moved by President Jaberg and seconded by Trustee Moranski to confirm the appointment to the Beautification Committee. The motion carried unanimously.
VII. New Business
A) Applications for Brown Deer Lion's Club Celebration
President Jaberg asked if the application will be reviewed by the Police Department and Fire Department. Mr. Van Gompel noted that the application will be submitted to the Police and Fire Departments for review. Trustee Kundinger asked for increased Police activity during the close of the event.
It was moved by Trustee Schneider and seconded by Trustee Moranski to waive the associated fees to issue the necessary licenses to conduct the 2001 Brown Deer Lion's Club Holiday Fair. The motion carried unanimously.
B) Bloodborne Pathogen Policy
Mr. Schmidt presented the Bloodborne Pathogen Exposure Control Plan. He noted that the policy is intended to eliminate or minimize employee occupational exposure to blood or other body fluids, as well as bring the Village into compliance with OSHA Bloodborne Pathogens Standards. He said that all employees will receive training in the policy and employees categorized as having occupational exposure to bloodborne pathogens will be offered Hepatitis B vaccinations. Mr. Van Gompel clarified that this policy is replacing an older policy that covered the Health, Maintenance and Parks Department, however the existing Police Department Bloodborne Pathogen Policy will remain in place.
It was moved by Trustee Moranski and seconded by Trustee Nealy to adopt the Village of Brown Deer Bloodborne Pathogens Exposure Control Plan. The motion carried unanimously.
C) U.S. Cellular Lease
It was moved by Trustee Moranski and seconded by Trustee Schneider to approve the Water Tower Lease Agreement between the Village of Brown Deer and U.S. Cellular. The motion carried unanimously.
VIII. Administrative Report
Mr. Van Gompel reported that Brisben Companies have filed an order to vacate dismissal of the original lawsuit, which would reinstate the lawsuit.
He reported that Mr. Neitzel will be mailing correspondence this week to residents in the Glenbrook and Silverleaf area in order to proceed with the ditch rehabilitation project. Other projects have been placed on hold to address this project in a timely manner.
IX. Recess into Closed Session pursuant to ' 19.85 (1) (g) Wisconsin Statutes for the following reasons:
g) Conferring 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 be become involved.
It was moved by Trustee Nealy and seconded by Trustee Kundinger to recess into closed session pursuant to ' 19.85(1)(g) Wisconsin Statutes for the reasons stated in the agenda at 8:25 P.M. The motion carried unanimously.
X. Reconvene into Open Session for possible action on Closed Session deliberations
It was moved by Trustee Moranski and seconded by Trustee Kundinger to reconvene into open session for possible action on closed session deliberations at 9:44 P.M. The motion carried unanimously.
XI. Adjournment
It was moved by Trustee Kundinger and seconded by Trustee Schneider to adjourn at 9:45 P.M. The motion carried unanimously.
Russell Van Gompel, Village Manager
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