3.28.22 REGULAR BOARD MEETING
VILLAGE OF ORFORDVILLE
Regular Board Meeting
Monday, March 28, 2022 7:00 P.M.
Orfordville Village Hall
Main Board Room
CALL TO ORDER
President Gary Phillips called the meeting to order at 7:00 p.m. Present were President Phillips, Beth Schmidt, Cami Myers-Alstat, Terry Gerber, and Nikki Tuffree. Knox arrived at 7:02 after roll call was taken. Also present were Attorney Michael Oellerich, Acting Chief Jeremiah Burdick, Scott Anderson, Tayna Burtness, Darla Grenawalt, Zach Knutson, Brett Sagen, Karl Schmidt, Kerrie Schmidt, DPW Director Nick Todd, and Clerk Sherri Waege. Absent was Tina Suiter-Meyers.
AGENDA VERIFICATION
Clerk Waege verified that on March 25, 2022, copies of the agenda were delivered to the President and Trustees; and posted at the Library, Post Office, Bank of Brodhead, Village Hall, and the Orfordville website. There were no additions made to the agenda.
MINUTE APPROVAL
Motion by Tuffree, seconded by Gerber to approve the Regular Board Meeting Minutes of the March 14, 2022 meeting and the Special Board Meeting Minutes of March 18, 2022. Motion carried.
CITIZENS WISHING TO BE HEARD
Howard Franklin of 507 S. Richards Street was present to request that meetings be offered on Zoom, like Footville, for residents that cannot attend. Myers-Alstat explained that it was discussed in the past; however, there was low attendance so was not continued. President Phillips advised Franklin to call Clerk Waege to request to put the item on the agenda.
Scott Anderson of 406 Teri Lee Lane was present and asked if now was the time to discuss his drainage issues in the Mill Valley Subdivision. President Phillips explained that Anderson can bring up his concerns when the agenda item is addressed later in the meeting.
Brett Sagen of 210 N. Mowe Street was present and explained that when he last addressed the board, he was for accountability but feels that due to recent circumstances, he now has to clarify that. Sagen explained that he was going to read a public post that was submitted several days ago and taken down shortly thereafter: “Ok folks, I have had enough staying mute without going into lengthy details, our police chief resigned after being exposed. His wife, sister in law, and board member candidates have been pulling out conspiracy theories on Facebook. The Clerk received a Letter of Intent to recall, David Giddley is the author, Brett Sagen is the Treasurer. Let me tell you about the character of these two. Last week Mr. Giddley attended the public information meeting of the splash pad that he was vehemently opposed to and was heard saying he did not want the splash pad because it would bring black kids from Beloit into Orfordville and we do not need that kind of mentality in our Village. Brett Sagen has been arrested multiple times for felony theft and he is the Treasurer- I hope somebody is doing an hourly audit of the treasurer report. All of this is based on a one sided story and is ridiculous. My term is up next April, if I am as terrible as these people want me to be, they can run against me then and not put the village on the hook for what I am guessing will be $3,000.00 which is a totally foolish and irresponsible handling of funds. I will not resign for doing nothing wrong, I will not resign for holding employees accountable, I will not resign to appease those that have a personal agenda, I will not resign. I have been a driving force behind so many outstanding things in this community and look forward to improving this community further, and Yes I will continue to support putting a splash pad in Mr. Giddley’s back yard.. I’m sorry for putting this on Facebook, but only good guys can only take so much.” Sagen then explained that personally when he puts things on Facebook, he stands behind it, does not recall it, and stands behind everything he puts on Facebook. Sagen further explained that several years ago he made some poor choices that ultimately led to a felony conviction, was held accountable for those choices and paid a dear price. Sagen explained that since that time he has worked hard to get his life back and with the support of family, friends, and his faith he has come out stronger. Sagen then asked “what this has to do with the situation at hand” and answered “absolutely everything-documented refuted lies, slander, manipulation, micromanagement, falsification, and improperly run board meetings just to name a few” Sagen explained that these are the tools that will tear this village apart. Sagen further explained that while it is not our position to judge it is our duty to bring forth facts which will eventually bring down this house of cards. Sagen closed by stating “those responsible will be held accountable.”
VILLAGE PRESIDENTS UPDATE
President Phillips explained that construction on N. Center Street has started and is going well. The contractors are doing a good job of leaving the site clean at the end of the day and hopefully the project is on track to be complete before June.
President Phillips then explained that he would like to take a minute to humbly discuss some of the accomplishments that he has been a part of over the last nine years. Phillips said the following:
“When I was first voted to the board nine years ago, one of the first questions I was asked was why do we not have an Economic Development Committee. Beth Schmidt and I were tasked to set up an EDC and we haven’t looked back. Some of the accomplishments in the beginning was to get Amerigas fencing installed to hide the eyer sore behind the fencing and also improved the lot across from the Village Hall. In the early years, we worked with Angus Young to get renderings of our vision for the downtown and have worked off of those plans every since. The patio was a key part of the vision and we made it happen. EDC has brought over $300,000.00 in grant money to our community that has helped with upgrades to our businesses.
I have been a big proponent of making our downtown something to be proud of and we will see some big changes this spring.
I attended a listening session with State Representatives on Broadband Grants. After that meeting, Trustee Nikki Tuffree and myself moved forward on obtaining a grant for over $300,000.00 for grant money to bring fiber internet to the Village.
I have been a big supporter of more events in our community. I have pushed for such things as Music in the Park, Movies in the Park, the Block Party, June Days, a walking path, helped with the Mexican Independence Party, the upcoming Cinco de Mayo event, as well as the Splash Pad.
I worked several hours helping with the new Village Hall and insisted that if we build a new Village Hall, that it needed a Community Room. I also courted Dollar General for several years prior to them coming to the Village.
Last year, I met with Verizon and helped land a deal to build a cell tower on an 80x80 piece of ground next to the water tower that will bring $1,000.00 a month for the next 30 years in the Village. This is ground that all we do is mow. Last year we also made the hard decision to borrow money to repair some much needed roads while interest rates were at historic lows. I also tasked the Public works to come up with a plan to revamp our parks, and you will see some big changes in our parks this year.
I bring these accomplishments up because we have a lot of good things going on in this community and to have others tear up our community off of a one sided story is very sad. Truthfully, I have not seen most of you at a board meeting until the last two weeks.”
Sagen replied that he “hasn’t had to be here.” President Phillips replied that “he should have been here” Sagen replied that “there is a lot of people in town that haven’t been coming because of the problems.” President Phillips stated “ you haven’t been here in nine years, not a phone call, and then you come on a one sided story, a one sided story.”
UNFINISHED BUSINESS
Lions Club Serving Alcohol at Purdy Park. Karl Schmidt of the Orfordville Lions Club was present to explain that he and his daughter Kerrie Schmidt, the President of the Lions Club, are present to explain that we have an active Lions Club that has been a big part of the community for a long time.
Kerrie Schmidt explained that they started out as a Community Club, and under the direction of President Gary Phillips became a Lions Club.
Karl Schmidt explained the list of accomplishments that the Lions Club has done which includes the Walking Path, School Scholarships, Fall Fest, and the annual Christmas Parade. Karl Schmidt further explained that the Lions Club has a vested interest in this community and is hopeful that the large audience at this meeting will help them, as the Lions Club is really focused on bringing a splash pad to Orfordville. Karl Schmidt explained that these things take money and just don’t happen. Karl Schmidt explained that they have to promote themselves as in reality nobody is flooding their coffers with money. Karl Schmidt brought up the success of the Music in the Park as it has really grown and has become a big event for our community. Karl Schmidt explained that the Lions Club would like to have alcohol served at the Music in the Park which would be a way to make money for the Lions Club. Karl Schmidt explained that he is not talking about an open bar, rather having wine or beer offered for sale. Karl Schmidt further explained that they could sell the wine or beer or accept donations.
Kerrie Schmidt explained that funds raised would go towards Lions Club projects. Kerrie Schmidt further explained that the point is not to have someone coming up to them ten times to get drinks, rather it is to have a glass of wine while they are listening to music. Kerrie Schmidt explained that she feels it would be a nice way to add to the event, much like they do in Beloit who has no issues with their event.
Tuffree asked how the alcohol will be contained, will there be fencing? Kerrie Schmidt explained that they will card people and require that alcohol stay at the park and not go on the school property. Tuffree asked if it would be for an hour or two hours. Kerrie Schmidt explained that she believes that it would be for two hours, and may only sell the first hour or hour and a half. Clerk Waege explained that she looked up the statutes for Temporary Licenses and advised them that the fermented beverage license is unlimited, and wine is limited to two events per year per club. President Phillips explained that the biggest thing will be the fencing. Clerk Waege explained that she believes we are required to do that based on the will on file from Frank Purdy who donated the land to the park. Karl Schmidt asked what constituted a fence and wondered if it could be pylons with chains instead of snow fence. Clerk Waege explained that she will look at the will and see if it is specific on the fencing. Clerk Waege further explained that years ago the Village tried getting more alcohol privileges from the decedents of Frank Purdy; however, the Village was not successful as the family wanted to maintain the intent of the will.
Tuffree asked the next step. Clerk Waege explained that she will look into the will and fencing question. Tuffree asked that it be on a future agenda if there are any issues. No action was taken.
Food Truck Ordinance-Chapter 138. Attorney Oellerich explained that he made the changes based on the discussion from the February meeting. Motion by Gerber, seconded by Tuffree to approve Chapter 138 to regulate Food Trucks in the Village. Motion carried.
NEW BUSINESS
Planning Commission recommendation to amend Chapter 320-48 Solar Energy Systems. Attorney Oellerich explained that the Planning Commission reviewed the ordinance which allows for people that want to get a solar energy system to obtain a permit which would require notifying the neighbors to advise them of restrictions that could be placed on the property in regards to restricting interference with the neighbor’s solar system, such as a tall structure or vegetation. Attorney Oellerich explained that Section 1 had to be cleaned up to state that the permit will be recorded with the County Register of Deeds so that neighboring property owners are aware of the easement or restriction on their property that prohibits them from interfering with the solar access rights with the property that has the solar energy system. Section 2 was changed to allow the property owner that is requesting the solar energy system to sign a waiver instead of obtaining the easement from the neighbors. Section 2 will allow the solar energy system owner to waive their rights and have the waiver recorded on their own property at the Register of Deeds.
Attorney Oellerich explained that the building inspector did not like the language in the existing ordinance when it came to the waiver. Knox asked if the building inspector required the waiver before he would do an inspection. Attorney Oellerich explained that he did want the waiver first according to what he told Clerk Waege. Attorney Oellerich added that the building inspector provided waiver examples from the City of Milton.
Attorney Oellerich added that the way the current ordinance is drafted, the permit or waiver is not required; however, the building inspector can still do the inspection if he wishes. The change will allow the home owner that wants the solar system the option to get the permit, which would place recorded restrictions on neighboring properties, or to waive the permit and not have restrictions on the neighboring properties, with the waiver being recorded on the homeowner with the solar system.
Clerk Waege explained that there is a resident in the Village that installed a system on his home, and needs Alliant Energy to hook it up. Alliant Energy will not hook it up without an inspection from the Building Inspector who felt that the ordinance did not provide enough information for the waiver.
Motion by Tuffree, seconded by Schmidt to amend Ordinance 320-48 which will in Section 1 require the Permit and restrictions on adjoining landowners to be recorded on the properties at the Register of Deeds, and Section 2 which would require the waiver for the person that has the solar system, and wishes to waive the restrictions placed on neighboring homes, be recorded at the Register of Deeds. Motion carried.
Street Closures for Market Day Events. Tayna Burtness was present to request permission to close a portion of Dickson Street for her Market Day Events. Motion by Gerber, seconded by Tuffree to close a portion of Dickson Street for the Market Day Events on July 16, 2022, August 20, 2022, and September 17, 2022. Motion carried.
Street Closure for Cinco de Mayo Event. Clerk Waege explained that Angel from Taqueria Guzman is not able to attend. Motion by Tuffree, seconded by Knox to table to April 11, 2022. Motion carried.
Fencing Plan for June Days. Darla Grenawalt provided a layout for where they would like to put the fencing for June Days this year. Kerrie Schmidt explained that the June Days Committee met with the Police Chief, Fire Chief, and Public Works Director at their September meeting about the plan. Kerrie Schmidt would like to expand the fencing as they need more space. Kerrie Schmidt explained that they met with the school board and were granted approval for using some of the parking lot that the school owns.
Gerber explained that he knows that Chief Raupp had the concern with getting approval from the school, which has been taken care of. Gerber asked if the darker green barrier was going to be moveable. Grenawalt explained that that area may be the entrance. President Phillips explained that the moveable barrier would be good for emergency vehicle access. Grenawalt added that they would like a gate across where the fence is for the buses up by the baseball field. Kerrie Schmidt explained that it will be moveable so the food vendors can come in as well and added that it is not for parking. Tuffree asked if the movable entrances will be monitored. Kerrie Schmidt explained that the police department helped with that last year, and that they may have an Emergency Services table at the entrance for the Police and Fire Departments.
Knox asked if there was going to be an internal fence. Kerrie Schmidt explained that there will not be, which they did not do last year with approval from the Village Board. Grenawalt explained that the idea behind it is to not have fenced barriers from one section to the next, which will help the vendors. Grenawalt explained that this is the only way that they came up with to gain more space.
Tuffree wants to have a solid plan in place for the moveable gates. Grenawalt explained that all the gates but the main entrance are locked.
President Phillips explained that the entrance by the main drive really needs to be open or accessible to police and fire. Grenawalt explained that this was reviewed by both police and fire. The Fire Chief wanted to have an emergency tent set up that will have the Police Department UTV and a backboard. There will also be a walkway open wide enough for UTV access. President Phillips explained that he is fine with it as long as the fire chief was. Kerrie Schmidt explained that they will work with the Chief’s if they need changes. President Phillips asked about the fire works company having access. Kerrie Schmidt explained that they are thinking of having him go around the other end of the school. Grenawalt explained that last years June Days was their first event, was very successful, and can only get better. Kerrie Schmidt explained that they will have more signage for parking. Grenawalt explained that nothing is set in stone and they will make changes if the Fire Chief wants changes. Motion by Gerber, seconded by Tuffree to approve the fencing plan for June Days. Motion carried.
Resolution R-2021-18 Revising the Election Board. Clerk Waege explained that she would like to add Rita Dean and Kathy Tway to the Election Board. Motion by Schmidt, seconded by Gerber to amend R-2021-18 by adding Rita Dean and Kathy Tway to the list. Motion carried.
Resolution R-2021-02 Revise Fees. Clerk Waege explained that she would like to add the Food Truck License fee to the Fee List, so that an ordinance change doesn’t have to be done for future amendments. Motion by Tuffree, seconded by Schmidt to adopt Resolution R-2022-02 Fee List to include a $100.00 fee for Food Truck Permits. Motion carried.
Erosion Concerns in Mill Valley Subdivision. Scott Anderson of 406 Teri Lee Lane thanked the Village Board for letting him address his concerns and read a statement of his concerns with drainage in the Mill Valley Subdivision. The statement included photos and was given to the Village Board by Anderson. Anderson also showed the Village Board a video of the water running from last August. A copy of the statement and photos will be attached to the minutes.
Anderson explained that his property is experiencing excessive erosion and dangerous volumes of storm water runoff. Anderson explained that the storm water management decisions by the Village, changes to the local ordinances, and the approved plat for grading are all contributing to the issues. The issues impact all of the residents on the west side of Teri Lee Lane, Anderson added that his fear is that if the conditions are left unresolved, they could lead to costly damage to the residents properties, as well as excessive cost to the Village of Orfordville to maintain, and at worst injury or death.
Anderson further explained that the Village made changes to the ordinances to accommodate the subdivision, specifically the side yard setbacks, which he felt do not comply with the state Uniform Dwelling Code that requires a ten foot positive grade way between houses. Anderson explained that he feels that the change in the ordinances prohibits adequate positive grades between the homes.
Anderson referenced the minutes where Zach Knutson of Next Generation Construction stated that the concrete swales would carry the water away from the homes. Anderson further stated that Trustee Chuck Boyce asked if there would be a review of the storm water management system and Engineer Tom TeBeest explained he, along with the Department of Resources, will review the storm water plan.
Anderson also referenced the minutes where Next Generation was allowed to obtain building permits prior to public improvements being completed. Anderson added that he regularly visited his home during construction which was completed prior to the roadways and concrete swales being completed. Anderson referenced board minutes where the preliminary plat was approved with issues being stated by the Village Engineer. Anderson added that the following meeting Zach Knutson presented the final plat noting no changes, which was approved.
Anderson asked the following:
1. What the concerns were from the Village Engineer regarding the preliminary plat?
2. How were the engineer’s changes alleviated with no changes, before approval of the final plat?
3. Who is now responsible for the financial cost of the storm water system and construction debris inside the system?
4. When can the residents of Mill Valley expect maintenance and repairs to begin?
Anderson encouraged the village board to follow the UDC, Chapter 3 and explained that the City Council has a lot of power as far as rules that can be set. There are other laws that exist that can be enforced, one being that the builder is required to maintain a written monitoring record and description of erosion mitigation practices and repairs in the Mill Valley Development, and verify records for rainfall events since construction has begun. Anderson asked the Village to verify if the records exist as the builder is required to regularly observe the mitigation practices if it is a half inch of rain over twenty four hours. Anderson added that he has photographs of where the mitigation practices have been overwhelmed and not corrected, including containing construction debris which is causing water to come dangerously close to the roadway. If the records cannot be produced, Anderson requested a written record for every future rainfall event to verify that inspections are taking place as required by code. Anderson requested that the Village hold them accountable and require Next Generation under Chapter six, Section B to replace and repair all erosion mitigation practices in the Mill Valley home development as needed. Anderson also asked for increased oversite in the Mill Valley Development by City Staff, after rainfall events. Anderson would like someone from the City to participate so they can see what they are doing. Anderson encouraged the board to come to the neighborhood to observe what is going on. Anderson added that since they have moved there, they have watched the landscape of the development rapidly change. Anderson provided several photographs and a video for the board to review, but wished to recall one in particular to their attention. Anderson showed the video from last summer during a thunderstorm that shows the amount of water that goes across the front of their house and has a current. Anderson explained that the City Council can control this so that young families will move to the neighborhood which was the wish of development. Anderson further explained that he is worried that his wife will be unloading groceries and his two year old will fall into the water and end up in the lake, with nobody will be there to save him. Anderson added that Next Generation indicated in previous minutes that this lake would never be full and be sufficient. Anderson added that there are feet of sediment in the pond and it is dangerously close to overflowing into the roadway. In closing, Anderson asked what the engineers concerns were based on the approval of the preliminary plat. Clerk Waege explained that the Village will have to check with the engineer on his questions. Gerber explained that he does not remember the engineer specifically saying that it would be a concern. Anderson referenced the minutes where it was mentioned that he had concerns. Gerber explained that when we talked it wasn’t about what Anderson is saying and the board felt good about approval.
Myers-Alstat explained that this happened before her time, so she looked up the DNR regulations that show there are things to be monitored but she could not find who was responsible for policing it.
Zach Knutson, Developer of Mill Valley Subdivision, was present and explained that the code allows to monitor during construction for infrastructure. The monitoring is not required once 75 percent of the ground cover is complete, which is the status now. Knutson further explained that it doesn’t’ mean there are not sediment deposits that can happen in some areas, and there is no requirement of monitoring once the slip has been closed out as it has been. Knutson explained that there are concerns of the property that Anderson now owns. Knutson further explained that the house was a spec home and was not owned by Anderson during construction, and added that Knutson allowed Anderson to move into the home prior to closing. Anderson wondered what relevance this has to the issue. Knutson explained that there is a lot of relevance as the fact is that the house was done and sold, and that he can’t control what they do with the yard after they assume ownership. Knutson explained that he can’t not make them not change the drainage swales that were designed and left. Knutson further explained that he cannot prevent their neighbor from doing his projects and projects that they are doing jointly, they do that on their own as it was their property. Knutson added that he wishes there was a code compliance issue with Anderson not growing a yard. Knutson explained that he feels it is against his HOA and against the code of the Village of Orfordville. Knutson further explained that Anderson has been there almost a year now and have not put in a yard. Anderson explained that they are not able to put in a yard due to the water runoff, as their grass seed washed away. Knutson added that this is a business issue and many businesses in the Village do not have people come to the Village Board with their private issues. Knutson added that they have retained an attorney for their private issues.
Attorney Oellerich explained that it is the Village’s responsibility to make sure the engineering concerns were addressed and believed at that time that they were. Attorney Oellerich explained that the Village will look into Anderson’s concerns and get the answers as he is sure that they exist. Attorney Oellerich further explained that if the village’s codes are being followed, it becomes a private property issue. Attorney Oellerich further explained that he represents eleven or twelve municipalities across the county and drainage complaints come to all of them. Attorney Oellerich explained that to a certain extent, this becomes a private issue between them. Attorney Oellerich further explained that our job as the village is to make sure that the code is being followed, if that is the case, then this is a private issue. Attorney Oellerich explained that Anderson brought up legitimate concerns and the Village will get him the information. Anderson explained that he has requested those records and told they are not available. Attorney Oellerich asked if that was from the Engineer, and Anderson explained they were building inspections. Clerk Waege explained that that was a different issue.
Attorney Oellerich asked if there was a Developer’s Agreement for the Development. President Phillips explained that there was which Attorney Oellerich will review. Knutson explained that the storm water retention pond has been accepted by the Village but may not have been dedicated yet.
Attorney Oellerich explained that the Village needs to understand it’s responsibilities for the new subdivision and know what we need to take care of. Attorney Oellerich suggested that the item be postponed to a future meeting so it can be looked into.
Anderson explained that he appreciates it and wanted to call it to the village’s attention.
Knox explained that the drainages that are going down are past where the landowner owns, and asked if that becomes our issue to correct. Attorney Oellerich will look into that. Knox asked if the runoff groves were the village’s responsibility if in the Right of Way, specifically the ditches. President Phillips explained that grass growing will help hold the dirt. Knox explained that there is some grass there. President Phillips explained that once everything gets seeded down, a lot of that problem will go away.
Anderson asked why President Phillips would not come out there to look at the problems he is having. President Phillips explained that Anderson was wanting him to come into his house and he does not know what he would be looking for. Anderson rebutted that he offered to have President Phillips in his home to discuss some things and walk around the neighborhood. Anderson further asked Phillips what his qualifications are to allow him to say that grass will help the drainage issues. President Phillips explained that it would be common knowledge that the more grass you have on the ground, the better the runoff will be. President Phillips further explained that he drives around the Village and also received these pictures before, and referenced their previous discussions where the silting in the pond is the Villages’ issue to deal with Next Generation to have cleaned out. Anderson explained that the runoff flows through a grass area before it hits the pond. President Phillips explained that it is just like a farm field , when the DNR puts grass ways in to slow the erosion of the soil. Anderson explained that there was grass in place and the water went right over it. Myers-Alstat explained that the attorney made a good point that we need to look at the Developer Agreement and other items so it can be brought back for more review. Myers explained that she understands, but we need to look into it a little more.
Knox asked Knutson about the concrete swales on the edge of the road. Knox thought it was supposed to have a grade to it to keep the water on the road. DPW Director Todd explained that the function of cement ribbon is to protect the edge of the road. DPW Director Todd further added that the concrete ribbon is in place so we don’t’ have gravel shoulders. Knox explained that it was also to help direct the water runoff. Knutson explained that the ditches act as the storm system in contrast to storm water piping. Knutson explained that the sediment moves through if the ditches do not have grass. Knutson added that the he believes the video Anderson showed was a major rainfall event from last August. Knutson explained that that rainfall pushed the limits on many construction projects in the area. President Phillips added that it also flooded our downtown.
Attorney Oellerich explained that we will get his questions answered through the engineer and that the records should all exist.
Knutson wanted to address the concern Anderson had with the ten foot setbacks. Knutson explained that the setbacks were not reduced so that they do not comply with state code. Knutson added that the City of Janesville has the same setbacks. Knutson added that he felt the code that was read by Anderson to the Village Board was misinterpreted with the percentage of the fall and is not relative to the setbacks.
Anderson again explained that he would like his concerns addressed as this is their forever home and is concerned about future costs for the tax payers. Anderson further explained that this subdivision was engineered this way to save costs and is concerned about the long term impact on the tax payers.
Motion by Tuffree, seconded by Schmidt to proceed to answer questions and communicate through DPW Director Todd and Clerk Sherri Waege. Motion carried.
TREASURER REPORT
Motion by Knox, seconded by Tuffree to approve the Treasurers Report. Motion carried.
VOUCHERS
Motion by Tuffree, seconded by Schmidt to approve the vouchers with a check range of 34272-34288. Motion carried.
ADJOURN
Motion by Gerber, seconded by Knox to adjourn at 8:15 p.m. Motion carried.
Submitted by,
Gary Phillips
Village President
Sherri Waege
Village Clerk