Village Board Meetings and Agendas

VILLAGE OF PEWAUKEE
REGULAR VILLAGE BOARD MINUTES
NOVEMBER 6, 2024

https://www.youtube.com/live/zLRJvGTqIAk?si=evc7O_WdcjnoXnBI 

1. Call to Order, Pledge of Allegiance, Moment of Silence, and Roll Call
President Knutson called the meeting to order at approximately 6:00 p.m. The Pledge of Allegiance was recited, followed by a moment of silence.

Roll Call was taken with the following Village Board members present: Trustee Heather Gergen, Trustee Bob Rohde, Trustee Kelli Belt, Trustee Chris Krasovich, Trustee Kristen Kreuser, Trustee Jim Grabowski; and President Jeff Knutson.

Also Present: Village Attorney, Mark Blum; Village Administrator, Matt Heiser; Village Public Works Director, Dave Buechl; and Village Clerk, Jenna Peter.

2. Public Hearings/Presentations - None

3. Approval of Minutes of Previous Meeting - Minutes from the October 15, 2024, Regular Village Board Meeting will be presented at the November 19, 2024, meeting.

4. Citizen Comments
Mike Heise @ 1105 Hawthorne Place– Mr. Heise asked why the Village thought the Fire & EMS fee would be legal in light of the ruling that the Transportation Fee was ruled illegal. Mr. Heise hoped the discussion on the ordinance would respond to this.

Richard Petersohn @ 1097 Hawthorne Place – Mr. Petersohn expressed a concern with the Fire & EMS fee and stated it showed the Village should merge with the City of Pewaukee. He stated the Village cannot charge a protected demographic.

5. Ordinances
a. Review, discussion, and possible action on 2024-07: Ordinance to Amend Section 93.104(a)(2) of the Village of Pewaukee Municipal Code Regarding the Annual Fire/EMS Protection Fee.
Administrator Heiser stated the ordinance in the packet is intended to treat all the residences the same. All residential dwelling units will be getting charged one ESE. This does not set the price of the ESE which will be by resolution at the November 19 Board meeting.
Trustee Grabowski asked if the counts of the dwelling units had been verified. Administrator Heiser reported it was still in progress. Administrator Heiser reported a possible cause for confusion with the unit counts. He reported the master spreadsheet used to calculate the fees has two columns with different ESEs assigned. The first column is an initial attempt by staff to weight ESEs of commercial properties based on foot traffic. The second column uses the Baker Tilly model based only on square footage. Administrator Heiser reported the Village eventually used the method recommended by Baker Tilly but because it had different ESEs than the first model it might confuse people.
Trustee Grabowski reported a resident said he caught an error with the mobile home park and asked if that was accurate. Administrator Heiser reported the mobile home park was charged one ESE when there are 28 individual units on it. He reported it will be updated for this year.
Trustee Gergen commented that the Village has explored merging with the City in the past.
Attorney Mark Blum advised that the Village should not comment on the legality of the fee due to pending litigation against the Village and that this will be addressed in a future closed session with the Board.
Trustee Grabowski moved to approve Ordinance 2024-07, seconded by Trustee Krasovich
Motion carried 7-0.

6. Resolutions
a. Review, discussion, and possible action on 2024-16: A Resolution to Borrow Money for 2025 Capital Projects
Administrator Heiser introduced Brad Viegut from Baird. Biard is the financial advisor for the Village. The borrowing is proposed to pay for two large vehicles from the DPW, the Quiet Zone research and two road projects.
Mr. Viegut recommended borrowing amount $ 1,031,000 as was described in Administrator Heiser’s memo in the packet. Administrator Heiser reported it was important the loan closed this year to count toward the 2025 levy limit. Mr. Viegut advised he will be back in January to present a resolution for a long-term loan to refund the short-term notes taken out by the Village earlier in 2024. Trustee Krasovich noted the loan notes in the memo did not include the Quiet Zone project.
Trustee Belt asked if the debt service increased the levy limit. Administrator Heiser responded that it did. Trustee Belt had asked about the potential to borrow from ourselves from a different fund. Administrator Heiser responded that only general obligation debt can be included in the levy limit calculations. Trustee Belt commented that the proposed 4% interest rate was good for the Village.
Trustee Belt moved to approve borrowing money for the 2025 projects up to $1,031,000.
Mr. Viegut advised that the agenda item is a parameters resolution so the Board should have action to approve the resolution with a cap on the amount and interest rate. Administrator Heiser asked that the loan amount be increased to include the Quiet Zone project.
Trustee Belt rescinded her previous motion.
Trustee Belt moved to approve Resolution 2024-16 to borrow money for the 2025 projects the financing up to $1,081,000 and up to an interest rate of 5%, secondeded by Trustee Rohde
Motion carried 7-0.

7. Old Business
a. Discussion and possible action on review of the updated draft of the 2025 Village budget
Administrator Heiser reported this version included the updated fire fee and that the fire services fees from the City increased significantly. The net result of this version of the budget is a reduction in the mill rate of approximately twenty-seven cents. A property assessed at $300,000 would see a decrease in their Village property taxes of about eighty-five dollars.
Trustee Grabowski asked if the 2024 revenue amount of the general fund on the last page of the budget is a typo. Administrator Heiser reported it was and will be corrected.
Trustee Gergen asked if the City explained by the fire budget went up so much? Administrator Heiser reported the cost of the fire department went up four percent but that he needs to confirm the math.

8. New Business
a. Review and discussion only of proposal from RA Smith to perform studies and tasks for establishment of railroad quiet zones in the Village of Pewaukee
Administrator Heiser reported a resident reached out to him and asked that it be put on the agenda for discussion. He introduced Tim Barbeau from RA Smith. Mr. Barbeau has been serving as the Village Engineer since 1994. He performed a quiet zone study with the Town of Delafield and it working on one with the City of Pewaukee as well.
1. Mr. Barbeau advised that the first step would be to get out in the field and identify what is already existing. The Village worked with the state in 2021 to install gates and medians. The Capitol Dr and Oakton intersection is tricky, the median is a little short. The medians have to be at least sixty feet, preferably 100 feet. Presently the median is forty-seven feet and the DoT wants to extend it to sixty-seven feet.
2. Mr. Barbeau said the next step would be a Diagnostic review meeting. This meeting would include a representative of the Federal Railroad Administration, the Office of Commissioner of Railroads, the Wisconsin DoT and Village officials.
3. Mr. Barbeau told that Board that If all of the safety measures are in and accepted then the Village can install a quiet zone. If the Village wished to apply for an exception to the short median on Oakton it will need to go to the Federal Government in Washington D.C. and take about a year for review.
4. Mr. Barbeau reported the next step would be to publish a Notice of intent to install a quiet zone. This would give the public 60 days to object.
5. Mr. Barbeau told the Board the final step would be to public a Notice of establishment of a quiet zone. It sets a date and that goes to all of the diagnostics people and gives them a minimum of 60 days.
Mr. Barbeau reported the trail will still blow its horn If someone is on the tracks.
Trustee Grabowski requested the Village website be updated with quiet zone information.
Trustee Rohde expressed concerns about the railroad actually allowing it to happen especially with the foot traffic downtown.
Mr. Barbeau advised the Board will need to approve a resolution to support this.
President Knutson directed staff to put this proposal on the agenda of the next meeting for approval.

9. Citizen Comments - None

10. Closed Session. –The Village Board of the Village of Pewaukee will enter into closed session pursuant to Wis. Statute Section 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, specifically regarding correspondence from Moxie Pest Control, LLC and the Village Transient Merchant Ordinance; pursuant to Wis. Statute Section 19.85(1)(c) to consider employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, specifically regarding Village Police Clerk/Clerk of Court and pursuant to Wis. Statute Section 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, specifically regarding letters of intent to purchase water tower lease agreements at 1010 Quinlan Drive and 1515 Sunnyridge Road.
Trustee Rohde moved, seconded by Trustee Krasovich to move into Closed Session at approximately 7:01 p.m.
Motion carried on Roll Call vote, 7-0.

11. Reconvene into Open Session
Trustee Rohde, seconded by Trustee Gergen to reconvene into Open Session at approximately 7:57 p.m.
Motion carried on Roll Call vote, 7-0.
a. Possible Action on Proposed Police Clerk/Clerk of Court Wages – NO ACTION TAKEN.
b. Possible Action on letters of intent to purchase water tower leases at 1010 Quinlan Drive and 1515 Sunnyridge Road – NO ACTION TAKEN.

12. Adjournment
Trustee Gergen moved, seconded by Trustee Krasovich to adjourn the November 6, 2024 Regular Village Board meeting at approximately 7:58 p.m.
Motion carried 7-0.

Respectfully Submitted,

Jenna Peter
Village Clerk