VILLAGE OF ELLSWORTH JUNE 04, 2012 PROCEEDINGS

VILLAGE OF ELLSWORTH, WISCONSIN

BOARD PROCEEDINGS 6/4/2012

Pres. Pro-tem Kenny Manfred called the meeting to order at 7:00 p.m., in the absence of Pres. Gerald DeWolfe, in the Board Room located in Village Hall.

Members Present: Trustees Dick Hines; Curt Wandmacher; Neil Gulbranson; Michael J. Steele and Rick Sweig.

Staff Present: Clerk/Treas.; Peggy Nelson, Public Works Director/Zoning Administrator; Greg Engeset (Arrived late)

Others Present: Attorney; Robert Loberg, Todd Shaw, Pierce County Herald; Sean Scallon, ATV Association; Darren Place, Ehlers; Sean Lentz, Just Ka's: Jessica Roberts

APPROVAL OF MINUTES: MSC Sweig/Hines to accept minutes of regular meeting 5/7/12 as submitted. Unanimous.

APPROVAL OF BILLS: MSC Steele/Hines to approve payment of vouchers submitted for audit to date. Unanimous. #23602, 23636-23682, 23709-23745

General fund- $144,576.48,Water fund -7,389.41 Sewer fund -188,247.37

Public Comment on non-agenda items: None

July Board Meeting Date: July 9, 2012, 7:00 p.m.

Resolution #2012-11 Compliance Maintenance Resolution: MSC Sweig/Gulbranson to adopt the annual DNR report for the Wastewater Treatment Plant. Unanimous.

Adopt Ordinance #623 Utility Terrain Vehicles and Routes: MSC Hines/Gulbranson to adopt. Unanimous.

Resolution #2012-12 awarding the sale of $1,385,000 taxable general obligation corporate purpose bonds, series 2012A: Sean Lentz from Ehlers presented a handout of the results of the Bond Sale June 4, 2012. 4 bids rec'd with low bidder being Banker's Bank, Madison, WI, interest rate of 3.6585%. Due to reduction in expenses and the Village not doing a bond rating, issue is reduced from $1,385,000 to $1,365,000. A total savings over the life of the issue of $123,430, which is more than originally estimated. MSC Steele/Hines to adopt Resolution #2012-12 awarding the sale of the bonds. Unanimous.

COMMITTEE REPORTS/RECOMMENDATIONS:

Plan Commission: 5/21/12 Trustee Rick Sweig

MSC Sweig/Gulbranson to adopt Ordinance #622 amending Chapter 46, creating Section 46.03(7)(a)(4)(h) of the Village of Ellsworth Zoning Ordinance allowing R-2 uses in R-1 Districts as permitted Conditional Uses provided the owner of the premises has his/her primary place of residence (i.e., more than 6 months per calendar year) at the premises and the premises otherwise comply with all R-2 Zoning District requirements. Unanimous. Plan Commission issued a Conditional Use Permit to Todd Shaw, 291 E. Summit Ave., for R-2 use in an R-1 District, which was contingent upon adoption of Ordinance #622.

Water & Sewer: 6/4/12 Trustee Curt Wandmacher Committee members met at the Wastewater Treatment Plant with Tim Stockman, Foth LLC and Russ Kiviniemi, Cedar Corp., engineering/design firms engineering the plant upgrade project, to address change order requests. Tim and Russ explained issues that require the change orders with PWD Greg Engeset explaining the Village's view on the issues and change orders. Discussion was then held by Village Board members at the board meeting. Trustee Sweig questioned why none of the parties that were at the committee meeting were not at the board meeting. He stated he is unhappy with Foth Engineering Firm that has caused the need for these change orders, Rice Lake Construction Company is following the engineering plans, they did not cause the issues with Trustee Dick Hines in agreement. Trustee Neil Gulbranson informed board members that he felt if this was going to be discussed in too much detail, it should be noticed as a closed session agenda item at a future board meeting with legal counsel present. Discussion centered around an engineering mistake in regard to construction of a new building next to an existing building eight inches below the grade of the existing building causing storm water drainage issues, change order will require a piping system to remove water away from the existing building to avoid run-off onto the new building which they feel will solve the issue. Gulbranson agreed at the time it was discovered that they just wanted construction to move forward, maybe should have been addressed at that time,agreed that the village should only pay part of the cost due to the engineering error. Trustee Michael Steele said that they were told by Stockman that negotiations would be held on the final cost of the project when completed, at the end. Village Attorney Robert Loberg informed the board that the more change orders accepted, saying this solves the issues, is working against the Village by approving if the Village were to enter into further contract negotiations or legal action. Board members agreed that the change order for new fencing and gates was a change order approved by the Village. Consensus of the board is that PWD Engeset is holding them to the contract and doing a good job. After much discussion and per committee recommendation, MS Wandmacher/Steele to approve change order 17R with the Village to pay no more than $1500.00. Motion carried with Sweig and Hines opposed. MSC Wandmacher/Sweig to approve change order #15 and #20 for $5627.00. Unanimous.

Salary & Labor: Chairman Neil Gulbranson reported that he along with Curt Wandmacher, Clerk Nelson and Chief Place attended a Labor & Employment Law Seminar in Eau Claire on 5/17/12 sponsored by the law firm of Weld, Riley, Prenn & Ricci.

Library Board: 5/29/12 Trustee Curt Wandmacher Minutes on file at the Village Clerk’s Office. Set a Finance, Purchasing, Buildings Committee meeting date of 7/16/12, 6 p.m. to meet with the Library Board to discuss their Long Range Plan, request that the Village Board approve their investigating options for additional space for the Library and form a Building

Committee. MSC Wandmacher/Hines to approve the appointment made by Pres. DeWolfe of Judy Perkins to replace Janet Knudson on the Library Board. Unanimous.

Finance, Purchasing, Buildings: 5/17/12 Trustee Neil Gulbranson Per Village Board action on 5/7/12 giving the committee the authority to finalize, a Developer's Agreement

was entered into between the Village of Ellsworth and Daniel and Phyllis Acker, TID 10 project, authorizing Village officials to sign. MSC Wandmacher/Gulbranson to approve TID 7 incentive reimbursement in the amount of $60,000 to Dr. Shaw per the Developer's Agreement. Unanimous.

Public Safety Ambulance Operating Committee: 5/29/12 Trustee Rick Sweig Minutes on file at the Village Clerk's Office. Sweig reported that a lengthy discussion was held on

intercept runs with Prescott and billing issues, trying to reach an agreement.

Health, License, Welfare: 5/30/12 – Trustee Rick Sweig

License period 7/1/12-6/30/13

Annual Dance License Just Ka's, Tim & Marcia's Eastender, Snowball's Bar Inc., The Hub on Main LLC, 21 Plus Inc. - Broz Bar, R&B of Ellsworth Inc. - The Century Saloon MSC Sweig/Gulbranson to approve. Unanimous.

"Class "A" Beer License Freedom Value Centers, Inc., Consolidated Energy Cooperative, The Outdoor Store LLC, Northern Tier Retail LLC - SuperAmerica, NIL9 Ventures Inc. - Nilssen's Foods, SSG Corporation - Holiday MSC Sweig/Wandmacher to approve. Unanimous.

"Class A" Retail License Brad's Corner Liquor MSC Sweig/Gulbranson to approve. Unanimous.

"Class B" Retail License 21 Plus Inc. - Broz Bar, Tim & Marcia's Eastender, The Hub on Main LLC, American Legion Post #204, Snowball's Inc., Pop's Malt Shop MSC Sweig/Wandmacher to approve. Unanimous.

"Class B" Retail License SDF Services Inc. - Just Ka's MSC Sweig/ Hines to approve with premise description to include deck, addition of fenced in area coming out of the west door onto deck, licensed area must be contiguous, all connected, provided deck meets state building and fire codes. If construction is completed by July 1st, can be added, if not, can be added at time construction is completed without coming back to the board. Unanimous.

"Class B" Retail License B&B of Ellsworth Inc. - The Century Saloon MSC Sweig/Hines to approve provided outstanding bills are paid the Village and Seller's Permit issue is resolved with State DOR. Unanimous

Special Event Dance License Ellsworth Polka Fest Inc. July 5-8, 2012 MSC Sweig/Gulbranson to approve. Unanimous.

Reports:

Chief of Police: -Officers have written 2 grants, one for another AED and the other for equipment that will enhance investigations and gathering of evidence capabilities -Participated in the "Click It or Ticket" campaign -Officers have recertified for CPR training and taken along with Karen AED operation training -Vandalism at Summit Park with officers identifying a suspect

PWD/Zoning Administrator:

-Looking at a new water meter reading system, as current system is obsolete, cost of $10,000-$11,000 -Getting prices on a Cross Connection Program, which is now a requirement,which requires inspections in all residential properties once every 10 yrs. and in commercial every 3 yrs. Looking to get someone to work for several communities, would also inspect sub-pumps at the same time to be sure they are not piped into the sewer system -Pressure Zone Valve by Ellsworth Ford will go out on bids when the assisted living project starts construction

Clerk-Treas. -Office staff has completed AED operation training -Attending WI Municipality League Conference in Hudson June 20-22 -Senior Coventry Assisted Living building plans conditionally approved by the state Board will convene into closed session pursuant to: Wis. Stat. § 19.85(1)(e) for the purpose of deliberating or negotiating the purchasing of public properties, the investing of public funds or conducting other specified public business, whenever competitive or bargaining reasons require a closed session and pursuant to Wis. Stat. § 19.85 (1)(g)for the purpose of 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:

Crossing Meadows Business Park - property litigation update Board will return to open session and take action on the closed session item(s), if required 8:27 p.m. MSC Hines/ Sweig to go into closed session, roll call vote taken, unanimous. 8:31 p.m. MSC Hines/Sweig to go back into open session, roll call vote taken, unanimous.

Adjournment: MSC Gulbranson/Steele to adjourn the meeting, 8:32 p.m. Unanimous.

Respectfully submitted: Peggy A. Nelson-Clerk

Tags: public notices, general legals