BROWN DEER VILLAGE BOARD

SEPTEMBER 15, 2003 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: Askew, Baker, Krueger, Nealy, Schilz , Kundinger

 

Excused:           None

 

Also Present:    Russell Van Gompel, Village Manager; William Dineen, Village Attorney; Andy Pederson, Assistant Village Manager/Community Services Director; Kathryn Kasza, Administrative Services Director; Steven Rinzel, Police Chief; Marty Glodoski, Water Superintendent; Ginny Goode, Park and Recreation Director; Jesse Thyes, Planning/Zoning Specialist; Chad Hoier, Park and Recreation Superintendent

 

II.        Pledge of Allegiance

 

III.             Public Hearing

 

A)        Vacation and Discontinuance of a Portion of West Cloverleaf Lane in the Village of Brown Deer, Milwaukee County, Wisconsin, and Amendment of the Official Map of the Village of Brown Deer

 

Mr. Van Gompel reviewed the proposed discontinuance.  Marc Maurer, 6717 West Pierner Place, requested that the Village consider a pedestrian easement through the proposed discontinuance area.  Joe Hatchell, 6608 West Cloverleaf Lane, also commented in support of the pedestrian easement.

 

IV.       Persons Desiring to be Heard

 

Beth Urpanil, 3900 West Brown Deer Road, UPS Store Manager, expressed concerns about the Village’s regulations regarding the use of temporary signage and banners.  Mr. Van Gompel stated that as part of the recodification process, the Sign Ordinance would be examined.

 

V.         Consideration of Minutes:     August 18, 2003 – Regular Meeting

August 25, 2003 – Special Meeting

 

It was moved by Trustee Nealy and seconded by Trustee Krueger to approve the August 18, 2003, regular meeting minutes, as amended.  The motion carried unanimously.

 

It was moved by Trustee Nealy and seconded by Trustee Schilz to approve the August 25, 2003, special meeting minutes. The motion carried unanimously, with Trustee Kundinger abstaining.

 

VI.       Committee Reports

 

A)        Building Board - Trustee Krueger

 

No action required.  Trustee Krueger stated that the Building Board preliminarily approved the new concession stand at the High School stadium.

 

B)        Beautification Committee – Trustee Nealy

 

No meeting.

 

C)        Park and Recreation Committee – Trustee Askew

 

No action required.  Trustee Askew stated that the Committee discussed combining the Village Newsletter and the Park and Recreation brochure to reduce operating costs.  Mr. Van Gompel stated that the consolidation of publications would be included as part of the proposed 2004 budget.

 

D)        4th of July Committee – Trustee Krueger

 

1)         2003 Final Report

 

Trustee Krueger reviewed the final report.  Committee Member John Buckley discussed how the strength and weakness analysis will be utilized in the next planning cycle for the 2004 event.  Trustee Krueger stated that 85 percent of the celebration was funded through donations and other non-tax revenue sources.

 

E)        Ad Hoc Pond Committee – Village President Jaberg

 

No meeting.  President Jaberg reviewed the schedule and location of the display boards illustrating the Village Pond improvements.

 

F)         Traffic and Public Safety – Trustee Askew

 

1)         Ordinance No. 03- , “An Ordinance Amending Section 5-18.02(e)(4) Standard for Issuance of Permits for Parades and Public Assemblies.

 

Trustee Askew discussed the proposed Ordinance.  Mr. Van Gompel read the proposed Ordinance.

 

It was moved by Trustee Askew and seconded by Trustee Schilz to approve Ordinance No. 03- , “An Ordinance Amending Section 5-18.02(e)(4) Standard for Issuance of Permits for Parades and Public Assemblies. The motion carried unanimously.

 

2)         Ordinance No. 03- , “ An Ordinance Amending Article 1, Chapter X, Volume I of the Village Code Pertaining to No Parking on West Schroeder Drive, east of North Green Bay Road.”

 

Trustee Askew reviewed the proposed Ordinance.

 

It was moved by Trustee Askew and seconded by Trustee Krueger to approve Ordinance No. 03- , “ An Ordinance Amending Article 1, Chapter X, Volume I of the Village Code Pertaining to No Parking on West Schroeder Drive, east of North Green Bay Road.”  The motion carried unanimously.

 

G)        Library Board - Trustee Baker

 

No action required.  Trustee Baker stated that the Library Board has been discussing cost saving initiatives, specifically replacing existing interior lighting with more energy efficient fixtures.  Trustee Baker also reported on the forthcoming Friends of the Library auction and the recent completion of the parking lot paving.

 

H)        Community Development Authority – Village President Jaberg

 

No meeting.  President Jaberg reported that a meeting was being planned.

 

I)         Planning Commission – Village President Jaberg

 

1)                  Amendment to the Business Planned Development Agreement for Kildeer Court to List “Weight Loss Clinic” under Section 2.a. of the Agreement.

 

President Jaberg reviewed the proposal.  Mr. Van Gompel stated that the classification of “weight loss clinic” would be added to the list of uses needing approval of the Village Board.

 

It was moved by President Jaberg and seconded by Trustee Nealy to approve the Amendment to the Business Planned Development Agreement for Kildeer Court to List “Weight Loss Clinic” under Section 2.a. of the Agreement.  The motion carried unanimously.

 

2)                  Approve a Weight Loss Clinic “Inches-A-Weigh” to be located within Kildeer Court Facility in Suite 220 of 3900 West Brown Deer Road

 

President Jaberg reviewed the proposal.  Mr. Thyes stated that the opening time within the maximum hours of operation was amended and approved by the Planning Commission to 7:00 a.m.  Trustee Baker inquired about the need for food licenses.  President Jaberg stated that the applicant would be required to obtain necessary permits from the Health Department.

 

It was moved by President Jaberg and seconded by Trustee Nealy approve a Weight Loss Clinic “Inches-A-Weigh” to be located within the Kildeer Court Facility in Suite 220 of 3900 West Brown Deer Road.  The motion carried unanimously.

 

J)         Finance and Public Works Committee – Trustee Krueger

 

1)                  Purchase of Village Hall Computers

 

Trustee Kundinger reviewed the proposal.  Trustee Askew questioned the warranty of the computers and leasing versus purchasing computers.  Mr. Pederson stated that the warranty issue was examined at great length and felt comfortable with the warranty terms being recommended.  Mr. Pederson stated that the lease versus purchasing option was examined but found to not be cost effective at this time.

 

It was moved by Trustee Kundinger and seconded by Trustee Baker to approve the purchase of Village Hall Computers in an amount not to exceed $5,500.  The motion carried unanimously.

 

2)                  Purchase of Police Department Computer Server

 

Trustee Kundinger reviewed the proposal. 

 

It was moved by Trustee Kundinger and seconded by Trustee Nealy to approve the purchase of Police Department Computer Server and equipment in an amount not to exceed $20,002.15.  The motion carried unanimously.

 

3)                  Fairy Chasm Park Basketball Court Repair

 

Trustee Kundinger reviewed the proposal.  Trustee Schilz questioned whether a warranty for the work was discussed with the contractor.  Mr. Hoier stated that a warranty was not discussed.  Trustee Baker stated that he did not believe that street paving projects offered such a warranty, and therefore felt no warranty would be offered for this project.  The Board discussed the need and merits for a warranty.  Mr. Hoier discussed potential construction timelines should the matter be delayed. 

 

It was moved by Trustee Kundinger and seconded by Trustee Krueger to approve the Fairy Chasm Park Basketball Court repair.  Trustee Kundinger withdrew his motion.  Trustee Krueger maintained his second.  The motion failed, with President Jaberg, Trustees Askew, Schilz and Kundinger opposing.

 

Trustee Baker questioned if the court should be closed and requested the closure of the court be on the next Agenda.  The Board requested that the warranty be further examined and discussed at the next Finance and Public Work’s Committee meeting, and that staff provide further detail and information at the next meeting.

 

4)                  Resolution No. 03-, “Amend Resolutions 00-25 and 01-28 Policy for Public Deposits and Investments

 

Trustee Kundinger reviewed the proposal.  Mr. Van Gompel reviewed the terms for securities traded with the security broker.

 

It was moved by Trustee Kundinger and seconded by Trustee Nealy to approve Resolution No. 03-, “Amend Resolutions 00-25 and 01-28 Policy for Public Deposits and Investments.  The motion carried unanimously.

 

5)                  Renew SBC Local Phone Service Contract for Centrex System and ISDN Lines

 

Trustee Kundinger reviewed the proposal, citing the savings to the Village through the renewed contracts. 

 

It was moved by Trustee Kundinger and seconded by Trustee Schilz to Renew SBC Local Phone Service Contract for Centrex System and ISDN Lines.  The motion carried unanimously.

 

6)                  Consideration of Vouchers

 

It was moved by Trustee Kundinger and seconded by Trustee Baker to approve for payment Check Numbers 41612 to 41665, Check Numbers 41666 to 41684, Check Numbers 41685 to 41698, Check Numbers 41699 to 41759, Check Numbers 41792 to 41832 in the amount of $335,275.99 and to ratify for payment, invoices due on or before September 15, 2003, in the amount of $16,310.13, aggregating a total amount of $351,586.12.  The motion carried unanimously.

 

K)        Personnel Committee – Trustee Baker

 

No meeting.

 

L)        Visioning Committee – Village Manager Russell Van Gompel

 

No action required.  Mr. Van Gompel stated that the Committee met after its report to discuss media coverage of its report and decided that it was in the best interest not to respond the Milwaukee Journal Sentinel article headline.  Mr. Van Gompel overviewed efforts that could potentially be undertaken to address public relations concerns and also stated that the Committee had fulfilled its responsibilities and the report would now be considered by the Board in the future.

 

VII.           Unfinished Business

 

A)                Ordinance No. 03- , “In the Matter of Repealing and Recreating Chapter 2, Article 14, Fourth of July Committee.”

 

Mr. Van Gompel reviewed the proposed Ordinance, and stated that a few of the pages were missing in the packet.  The matter was laid over to the next meeting to provide a final copy of the proposed ordinance revisions. 

 

B)                Resolution No. 03-, “In the Matter of Furnishing Water to Allen W. Williams, Jr., 8550 North Green Bay Court, River Hills, WI”

 

Mr. Van Gompel reviewed the proposal.  The Board discussed previous legal proceedings with Mr. Williams.  Mr. Dineen stated no connection exists between the prior legal proceedings with Mr. Williams and the current issue.  Mr. Dineen stated that the Village Board has the authority to grant this furnishing of water service for Mr. Williams.

 

It was moved by Trustee Kundinger and seconded by Trustee Nealy to approve Resolution No. 03-, “In the Matter of Furnishing Water to Allen W. Williams, Jr., 8550 North Green Bay Court, River Hills, WI.  The motion carried unanimously.

 

VIII.        New Business

 

A)                Resolution No. 03-, “In the Matter of the Vacation and Discontinuance of a Portion of West Cloverleaf Lane In the Northeast ¼ Section 3, T. 8N., R. 21 E. in the Village of Brown Deer, Milwaukee County, Wisconsin

 

Mr. Van Gompel reviewed comments made during the Public Hearing as well as in past processes regarding the proposal.  Mr. Glodoski inquired as to whether the area could potentially be maintained as an easement for Water Department disinfection facilities.  Mr. Dinneen stated that the Village could consider several alternatives for the use of the property.  Mr. Dineen stated that the Village has appropriately followed all posting requirements and the Village would not need to restart the process, if laid over to the next meeting. 

 

Alfred Davis, 9405 N. 67th Street, stated that his top priority was to ensure that the drainage issue is resolved.  The Board discussed the process and possible alternatives for proceeding forward.  The Board decided to lay this issue over to the next meeting for further staff input.

 

B)                Ordinance No. 03- , “An Ordinance to Amend the Official Map of the Village of Brown Deer to Reflect the Vacation and Discontinuance of a Portion of West Cloverleaf Lane

 

Pursuant to discussion of the previous agenda item, this item was also laid over to the next meeting.

 

C)                Earth Tech Proposal for Water System Disinfection Facilities

 

Mr. Glodoski provided the history surrounding the issue and also reviewed the current proposal.  Mr. Askew inquired about whether anyone has been sick as a result of this issue.  Mr. Glodoski stated that no one has been sick and this issue does not present health risks.  Mr. Askew inquired about water quality.  Mr. Glodoski indicated that water quality has not been impacted. 

 

The Board discussed the extent of the problem in other communities as well as efforts being taken in conjunction with the City of Milwaukee to address the issue.  Mr. Glodoski stated he has had several meetings with the City of Milwaukee and they are aware of the issue, but that they are comfortable with their current treatment process.

 

President Jaberg requested clarification of the shocking procedure for the water distribution system.  Mr. Glodoski indicated that increased doses of chlorine would be injected, but within safety guidelines and subject to approval of the Wisconsin Department of Natural Resources.  Mr. Glodoski overviewed outreach efforts to the public to ensure the public is aware of the Water Department’s efforts.  Tentative schedules indicate the installation of temporary equipment would be completed by February, 2004.

 

It was moved by Trustee Schilz and seconded by Trustee Krueger to approve the agreement with Earth Tech for Water System Disinfection Facilities in an amount not to exceed $32,000.  The motion carried unanimously.

 

D)                Resolution No. 03-, “A Resolution Proclaiming September 29 – October 4, 2003 as Race Equality Week in the Village of Brown Deer”

 

President Jaberg reviewed the proposal and activities associated with Race Equality Week.  Trustee Askew expressed appreciation with efforts the Village was taking to promote the event and suggested that the week be highlighted in calendar materials distributed by the Village next year.

 

It was moved by Trustee Schilz and seconded by Trustee Krueger to approve Resolution No. 03-, “A Resolution Proclaiming September 29 – October 4, 2003 as Race Equality Week in the Village of Brown Deer”.  The motion carried unanimously.

 

IX.              Village President’s Report

 

President Jaberg reported on the following items:

 

Attended the North Shore Fire Department Board of Directors meeting where the Department budget and Station 5 construction were discussed.

 

Attended the ICC meeting where enhanced 911 legislation and the Milwaukee County emergency services contracts were discussed.

 

X.                 Village Manager’s Report

 

Mr. Van Gompel reported on the following items:

 

Progress of construction on traffic signals at Green Bay Road and Schroeder Drive.

 

Police Department Citizens Academy begins Tuesday, September 16.

 

2003 Street Paving project is completed.

 

North Shore Managers are exploring the use of one attorney for labor negotiations.

 

XI.              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 become involved.

 

It was moved by Trustee Kundinger and seconded by Trustee Krueger to Recess into Closed Session pursuant to §19.85 (1)(g) Wisconsin Statutes at 10:25 p.m.  The motion passed unanimously.

 

XII.           Reconvene into Open Session for Possible Action on Closed Session Deliberations

 

It was moved by Trustee Nealy and seconded by Trustee Schilz to Reconvene into Open Session at 10:44 p.m.  The motion passed unanimously.

 

 

XIII.        Adjournment

 

It was moved by Trustee Kundinger and seconded by Trustee Schilz to adjourn at 10:45 p.m.   The motion passed unanimously.

 

 

 

_______________________________

Russell Van Gompel, Village Manager

 

U:\Kendalji\My Documents\COMMITTE\VB\MINUTES\2003\09_15