VILLAGE OF FONTANA ON GENEVA LAKE WALWORTH COUNTY, WISCONSIN (Official Minutes) MONTHLY MEETING of the CDA BOARD OF DIRECTORS Wednesday, June 3, 2009

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1 VILLAGE OF FONTANA ON GENEVA LAKE WALWORTH COUNTY, WISCONSIN (Official Minutes) MONTHLY MEETING of the CDA BOARD OF DIRECTORS Wednesday, June 3, 2009 Chairman Turner called the monthly meeting of the CDA to order at 6:00 pm in the Village Hall, 175 Valley View Drive, Fontana, Wisconsin. CDA Commissioners present: Bill Turner, Gail Hibbard, Cindy Wilson, Bob Chanson, Skip Bliss, Jeff Fisk CDA Commissioner absent: Village President Pete Petersen Also present: Administrator/Treasurer Kelly Hayden, Eric Hurkman, Village Clerk Dennis Martin, Joseph McHugh, Trustee Micki O Connell, Lucy Sandy, Jerry Shoberg, Terry Tavera, Director of Public Works Craig Workman Visitors Heard None Announcements 1. Village Comprehensive Master Plan Public Event at St. Benedict Church Saturday, June 6, 2009, 9:00 to 11:00 am 2. VOF Assessor Village Hall Office Hours Friday, June 12, 2009, 10:00 am to 2:00 pm 3. Protection Committee Meeting Monday, June 15, 2009, 5:00 pm 4. Library Board Meeting Wednesday, June 17, 2009, 10:00 am 5. Plan Commission Staff Meeting Wednesday, June 17, 2009, 1:00 pm 6. Park Commission Meeting Wednesday, June 17, 2009, 6:00 pm 7. Evening Book Club at the Fontana Library Thursday, June 18, 2009, 6:00 pm 8. VOF Quarterly Newsletter Article Deadline Friday, June 19, Lakefront and Harbor Committee Meeting Wednesday, June 24, 2009, 4:30 pm 10. Plan Commission Monthly Meeting Monday, June 29, 2009, 5:30 pm 11. Summer Story Wagon Program at the Village Hall Tuesday, June 30, 2009, 9:00 am Approval of Minutes for February 2, 2009 Monthly Meeting Commissioner Bliss/Commissioner Chanson 2 nd made a MOTION to approve the minutes as submitted for the meeting held May 6, 2009, and the MOTION carried without negative vote. Approval of Current Payables The payables were reviewed by Hayden and Workman and approval was recommended. Commissioner Chanson/Commissioner Fisk 2 nd made a MOTION to approve the payables as submitted, and the MOTION carried without negative vote. Finance Report Treasurer Hayden-Staggs Update/Review Full Accounting Statement & TIF Revenue Increment Projections Chairman Turner stated that the accounting statement and increment projection was corrected and revamped following last month s meeting and it has been reviewed by the Village auditor. The current projected cash balance of the TID, with the $350,000 for the land purchase deducted, is $575,283. Turner stated that now that the changes to the spreadsheet have been corrected and reviewed, he thinks the new format will provide better information. Turner stated that the report will be submitted to the Village auditor on a quarterly basis to make sure the document is accurate, since the CDA makes a lot of its big spending decisions based on the document. At the end of the meeting, Bliss stated that he found an error in the document. Following review, it was determined that the entry was not an error, and that Bliss was adding up items in the wrong columns. The Board directed Jeff Fisk to review the statements with Hayden prior to the monthly meetings. 1

2 Update on Land Purchase 138 Fontana Boulevard Turner stated that the Village s $350,000 Offer to Purchase the parcels has been accepted. Hayden stated that the closing for the sale is scheduled for June 26, 2009, but it may be moved up. At the end of the meeting, Hibbard stated that she wanted to apologize for inadvertently voting no on the motion to authorize the land purchase offer. Hibbard stated that she supports the proposal and she did not intend to vote no. Presentations Shabbona Path Project Construction Cost Estimates for Storm Water Portion of Proposal Drafted by PDI/Graef Workman stated that the submitted proposal calls for about $30,000 in engineering costs on the $85,000 construction project that would install a storm water runoff collection pipe and basin. The closed path would have to be cleared to install the storm water system. Workman stated that the $115,000 proposal would just address the storm water runoff problem in the area. Workman stated that a trench about 10 feet deep will be required to install the storm water runoff pipe. Chanson asked why the storm water runoff situation became a CDA problem when the proposal started as just a pedestrian path. Turner stated that it is part of the TID Project Plan to incorporate a villagewide pedestrian path system, and if the development of the path can fix a runoff mess, the CDA ought to fund the project. Turner stated that once the pipe is installed and the path area is cleared, Boy Scouts will be able to finish the path as Eagle Badge projects. The CDA then discussed concerns about the proposed engineering for the storm water runoff collection pipe project totaling $29,200, not including construction bid administrative services, when the cost for construction is $85,000. Turner asked Workman if the engineering bid was a good quote and if the Village should put the proposal out for bids. Workman stated 30 percent of the construction cost is a little high for an engineering bid and it would not hurt to seek second bids for just the storm water pipe portion of the Shabbona Path Project. Bliss asked why the storm water aspect of the proposal is part of the path project. Workman stated that if the storm water runoff problem is not addressed, the path cannot be developed. Turner stated that the storm water problem has to be corrected first, and then the final development of the path will be a piece of cake. Chanson asked if the CDA was committed to fixing storm water problems throughout the TID, and Turner responded yes. The CDA members then discussed if there are other above-ground alternatives to address the storm water runoff problem. Turner stated that the CDA should solicit new bids for just the storm water management portion of the proposed project from PDI/Greaf, Ruekert-Mielke and Foth for both above- and below-ground options to address the storm water runoff problem. Chairman Turner/Commissioner Chanson 2 nd made a MOTION to direct Village staff to solicit engineering bids from PDI/Graef, Ruekert-Mielke and Foth for above-ground and below-ground construction options to address the storm water runoff problem in the area of the Shabbona Path Project, and the MOTION carried without negative vote. Engineering Bids for Fontana Boulevard Lighting and Landscaping Project Workman stated that PDI/Graef and Ruekert-Mielke submitted proposals that are consistent. Workman stated that the proposal submitted by PDI/Graef does not include construction bidding services and the Village depends on that service. Also, the PDI/Graef proposal is more expensive at $55,800, compared to the Ruekert-Mielke proposal at $46,000, plus reimbursable expenses. Workman stated that the reimbursable items include printing costs and mileage and will total about $2,000, so the Ruekert-Mielke proposal will still be about $7,000 less than the PDI/Graef proposal. Commissioner Fisk/Commissioner Hibbard 2 nd made a MOTION to approve the bid submitted by Ruekert-Mielke, and the MOTION carried without negative vote. TID #1 Projects Public Works Director Workman General Construction Updates Workman stated the Century Fence has contracted with Jim Lemke to fix the sections of the beach fence that were installed contrary to the contract specifications, and the fence should be completed by the end of June. Workman stated that all the other projects are near completion. Turner stated that the Third Avenue Project looks great and the DPW crew did a good job getting the Village ready for the Memorial Day weekend. 2

3 TIF Project Maintenance Activity Report Turner stated that the report keeps track of all the CDA projects to make sure that they are being maintained. Turner stated that it any of the CDA members note any concerns, they should contact Martin to have the item placed on the list. Third Avenue Contract Pay Request No. 9 & Change Order No. 3 Turner stated that the Village engineer recommended approval of the change order as submitted, and the Village Board approved motions to approve the items contingent on CDA approval. Turner stated that the change order calling for a net increase to the contract of $7,008 is for powder coating the new fence. Turner stated that the $253,627 pay order submitted by Mann Brothers, Inc. for the Third Avenue Project Contract was reviewed by the Village engineer and approval is recommended. Commissioner Chanson/Commissioner Fisk 2 nd made a MOTION to approve Change Order No. 3 for the Third Avenue Project as recommended, and the MOTION carried without negative vote. Commissioner Chanson/Commissioner Fisk 2 nd made a MOTION to approve the $253,627 Pay Order No. 9 submitted by Mann Brothers, Inc. for the Third Avenue Project Contract as recommended, and the MOTION carried without negative vote. Porter Court Plaza Contract Pay Request No. 9 Turner stated that the $13,927 pay order submitted by Mann Brothers, Inc. for the Porter Court Plaza Contract was reviewed by the Village engineer and approval is recommended. Commissioner Chanson/Commissioner Fisk 2 nd made a MOTION to approve the $13,927 Pay Order No. 9 submitted by Mann Brothers, Inc. for the Porter Court Plaza Contract as recommended, and the MOTION carried without negative vote. Kinzie Avenue Contract Pay Request No. 6 Turner stated that the $4,491 pay order submitted by Odling Construction for the Kinzie Avenue Contract was reviewed by the Village engineer and approval is recommended. Commissioner Chanson/Commissioner Fisk 2 nd made a MOTION to approve the $4,491 Pay Order No. 6 submitted by Odling Construction for the Kinzie Avenue Contract as recommended, and the MOTION carried without negative vote. Former Duck Pond Landfill VPLE Contract Proposal Workman stated that AECOM Environmental submitted the proposal to complete the Voluntary Party Liability Exemption application at the request of the CDA following the completion of the recent groundwater monitoring project. After the initial monitoring project indicated that the groundwater is not a concern at this time, the CDA directed AECOM to submit the report findings to the DNR. During the discussion, it was pointed out that if the Village completes the VPLE process, it would give the Village clearance from liability in the future. If the VPLE is completed, and the DNR signs off on the required monitoring, any future contamination situation would be the responsibility of the DNR. Workman stated that if the DNR accepts the VPLE application, the DNR most likely will want to set up more monitoring wells. Workman stated that completion of the VPLE program may cost the CDA another $45,000 to set up more monitoring wells. Fisk stated that if the CDA follows through with the VPLE at this time, the Village has acted responsibly and the residents could be protected from any future liability at the former dump site. In response to questions, Workman stated that the DNR could determine that no more monitoring wells are necessary, and that the Village could elect to withdraw from the VPLE after the application is submitted if the DNR requirements are too costly. Commissioner Bliss/Commissioner Fisk 2 nd made a MOTION to authorize AECOM Environmental to complete the Voluntary Party Liability Exemption application for a cost not to exceed $5,000, and the MOTION carried without negative vote. Village of Fontana/Village of Walworth Pedestrian Path Project Bid Update The bid deadline was extended because an addendum has to be issued. Abbey Resort Façade Improvement Proposal - Request for Final Conceptual Drawings Nothing was submitted by the applicants. 3

4 General Business Building Addition Plan for Fontana Jewelers Building, 553 Valley View Drive Façade Improvement Plan Inquiry Turner stated that since the proposal is estimated to cost in excess of $10,000, the CDA has to review the plan and make sure it is in accordance with the goals of the TID. Jerry Shoberg stated that he would like to commence construction next month if the required Plan Commission and Village Board approvals are secured. Eric Hurkman stated that the proposal will provide more office space for the business and improve the rear façade of the building. Following a review of the proposed plan, the CDA commissioners did not have any concerns. Commissioner Chanson/Commissioner Wilson 2 nd made a MOTION to approve the CDA review of the proposed addition plan as presented, and the MOTION carried without negative vote. Hurkman stated that he received through the CDA Façade Improvement Program a 10 percent rebate of the total project cost for the front façade improvement plan that was conducted in 2006, and he would like the CDA to consider approving the rear façade improvement project for the program. Hurkman stated that the rear façade faces Mill Street and the project would improve the view. Turner stated that the Hurkman should review the terms of the program and file an application for consideration. Turner stated that the plan should propose significant improvements to the façade and should not just be an ordinary building proposal. Wilson suggested that a window be added to the proposed side elevation of the proposed building addition. Village Board Report Chairman Turner Parking Meter Pay Station System Two-Hour Parking Signage on Third Avenue Turner stated that he received an from Bliss regarding the proposed parking meter pay station system in which Bliss stated concerns about a presentation being made at a May 21, 2009 special joint meeting of the Village Board, Finance Committee and Public Works Committee. Bliss is concerned that the proposal is a CDA matter and the presentation of a pay station demonstration model should have first been presented to the CDA. Turner stated that the CDA approved a motion at its May 6, 2009 meeting to direct Village staff to move forward with the planning for a centralized pay station electronic parking meter system on Third Avenue and along the lakefront streets and parking lots to replace the current parking meters, and to not reinstall the old parking meters along Third Avenue following the completion of the Third Avenue Project. Turner stated that the joint meeting had been scheduled and it turned out that a sales representative from one of the pay station electronic parking meter manufacturers was in the area and had a model available. Turner stated that the administration did a good job initiating the investigation of the proposal. Hayden stated that the Village Board had to make a decision at the special meeting on the Third Avenue parking situation after the directive was made to not reinstall the parking meters. Hayden stated that the Village Board, Finance and Public Works committee members just took an initial look at one of the centralized pay stations and no other action was considered. Turner stated that the options are still being investigated and the proposal will be brought back to the CDA for a recommendation prior to Village Board action. Lakefront & Harbor Report Commissioner Chanson Abbey Channel Lumber Replacement Project At its June 1, 2009 meeting, the Village Board approved a Lakefront and Harbor Committee recommendation to approve an Austin Pier Service, Inc. $2,400 proposal to replace 103 feet of treated wall edging on both sides of the Abbey Harbor. The proposal includes the provision that the Abbey Harbor will supply the 3-by-11-foot treated lumber and Austin Pier will perform the labor and provide the fasteners for the replacement project. Park Commission Report Commissioner Hibbard Hildebrand Nature Conservancy Compliance Report A number of trash items and debris were found during the annual compliance tour of the property; however, all of the items were addressed at a May 22, 2009 student clean-up day event coordinated by Park Commission member Sharon O Brien and the Fontana Elementary School. Blue Ribbon Committee for the Lakefront Building Commissioners Wilson (Alt: Fisk) Marina Building Structural Engineering Project Provide Direction to Committee Turner stated that the Lakefront Building Structural Evaluation for the Village s marina building has 4

5 been completed by PDI/Graef, and the report indicates that if the Village wants to change the current use, it will be very expensive to renovate the building. Chanson stated that the report also indicates that the current use could continue in the building for many years. Turner stated that there still are some structural problems that would have to be addressed with the current marina operations. Wilson stated that the report indicates the building could continue to be used as is for a few more years. Turner stated that the initial CDA project planning for the lakefront that was completed by PDI included the marina building, Lake Street and the beach parking lot areas. Turner stated that the CDA should have those initial plans reviewed, and the planner should make a recommendation on what could be done with the lakefront building site. Turner stated that the CDA could authorize spending $5,000 to $10,000 for preliminary planning services. Turner stated that the options should be reviewed by the CDA and then directed to the Blue Ribbon Lakefront Building Committee for a recommendation. Chairman Turner/Commissioner Chanson 2 nd made a MOTION to authorize the expenditure of an amount not to exceed $7,500 for PDI/Graef to review the initial plans prepared by PDI for the marina building, Lake Street and the beach parking lot areas, and to make a recommendation to the CDA on the redevelopment options for the lakefront building. The MOTION carried without negative vote. Confirm Quorum for upcoming Meetings Next Regular Monthly Meeting July 1, 6:00 pm Agenda Item Requests Nothing new requested Pending/Future Items Valley View Drive Façade Improvement Discussion (Canopy Renovation) Adjournment Commissioner Chanson/Commissioner Fisk 2 nd made a MOTION to adjourn the CDA meeting at 7:13 pm, and the MOTION carried without negative vote. Minutes prepared by: Dennis L. Martin, village clerk Note: These minutes are subject to further editing. Once approved by the CDA, the official minutes will be kept on file at the Village Hall. APPROVED: 7/1/09 5