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April 13, 2005 Town of Delavan Emergency Government Committee
Minutes of Town Board Work Meeting of April 13, 2005 The regular monthly Town Board Work meeting was held in the Town Hall after due notice had been posted. Chair John Pelletier called the meeting to order at 7:00 p.m. PRESENT: ALSO PRESENT: Town Chair, John Pelletier Clerk, Colleen Endisch Supervisor, Richard Hummel Treasurer, Shari Wisniewski Supervisor, Larry Malsch Police Chief, Andrew Mayer Supervisor, Dolores Nowak Town Mechanic, Tom Thiele Acting P.W. Foreman, Mike Petkoff Audience: 7 Town Chair, John Pelletier declared a quorum present for doing business. Communications: None Comment and Suggestions of citizens present. Bill Maack – Mr. Maack reported that he lives in a subdivision behind Brown’s Market and he lives on a street that the town is charging for snow-plowing and maintenance. He stated that as residents of this subdivision they do not own the street, as the original owner of the street back in 1929 owned the road and this was never turned over to the residents. Mr. Maack asked if the town could figure the charges for his street by the residences on the street, rather than the foot. He stated there are homes that are not being charged at all, as they have no frontage on the street but use the street to get in and out of the subdivision. Attorney Wassel responded that much research was done by both the Town and the Town Engineer to come up with this highway tax; and the method chosen, Lineal foot basis, is overall the fairest to all residents. Attorney Wassel added that as a subdivision the residents could opt out and contract to do themselves. Mr. Maack responded that would never happen, he would just like this to be fair to all on his street. Mr. Maack asked if the charge for his subdivision could be based on a per household basis by taking the total frontage divided by households. Chair Pelletier stated he didn’t think that could be accomplished administratively. Treasurer Wisniewski added that she wouldn’t be able to take each subdivision and calculated individual ways; one procedure would have to be adopted. Ed Brien – Highland – Mr. Brien stated the Highlands would like to opt back in for 2005-2006 season and asked Ms. Wisniewski how to do that. Ms. Wisniewski responded she would need to be notified in writing by November 1st, with directions of how to bill – individually or the association. Mike Petkoff – Highway Foreman reported there is an address problem on Green Meadow and would like the Town Board to add to the T.B. agenda for resolution. Carmen Caparelli asked where the Inlet and Brown’s Channel project stands. Chair Pelletier responded behind the Mound Rd. project. Mound Rd, the Inlet and Brown’s Channel would be addressed in that sequence, but all hinging on the Mound Rd. project. Ted Grant addressed the board, informing that he has leased the land the town plans to put the Mound Rd. spoils on from Sho-Deen, with the intention to plant a crop. Mr. Grant is looking for word from the town, they would be moving forward with the Mound Rd. project and then they would not plant. He estimates that is 3-4 days he would be ready to plant and is looking for a positive answer. Chair Pelletier stated until the Board meets tonight in closed session, he wouldn’t be able to give them an answer. Mr. Grant asked what would happen if he does plant, would the town be willing to pay for his crop is he needs to destroy it. Mr. Patzel – Sho-Deen Construction stated they have language in their contract with Mr. Grant covering this. Charles Grant stated that his legal advisor has a different opinion from our legal advisor, regarding the non-payment of the second half of his land use contract. Chair Pelletier stated he would take his comments under advisement. Betty Wassel – City Administrator, addressed the Board regarding the resurfacing of Borg Rd, from Linn Rd. South to North Shore Drive. She suggested that the residents along Borg. Rd., who are constituents of the Town, be notified by certified mail that culverts will need to be built to alleviate the on-going problem of the condition of the road, and have a Public Hearing to explain the necessity of reinstalling their culverts. Betty Wassel stated they would like to address this issue this year, and to fix this road again without correcting the problem would be useless. Attorney Wassel stated the Town would need to get into an Intergovernmental Agreement with the City for this. New Business: Reports/discussion/agenda preparation from issues resulting from monthly Committee meetings. )aAdministrative Committee Chair Pelletier reported that the Delavan Historical Association has asked for a ceremonial presentation honoring the National Historic Preservation Month as May, will put on the agenda. Chair Pelletier stated that the union negotiations are wrapping up and he is waiting for the proposed contract language which both unions will be providing him. He added that the numbers he shared a few weeks back are fairly close to the final numbers. )bEconomic Growth & Development Committee No Meeting )cEmergency Government No Meeting )dFinance Committee No Meeting )eFire & Rescue Committee Supervisor Malsch reported that the new fire truck is here and it fit in the station. )fLake Committee Chair Pelletier reported the Lake Committee is recommending the approval of $ 13,100 of additional funds to Liesch Environment to finish the Engineering and Permit Process for the Mound Rd. project. Pelletier added that even in light of the previous night’s discussion of potentially renting the wetlands to the Sanitary District or not, the town needs to keep going on and continue the permit process. He added there is time to hammer out the details with the Sanitary District. Treasurer Wisniewski stated there are two outstanding grants open for the wetland projects; an engineering grant and one for planting. Wisniewski stated she had tried to get Jay Goethal to work with her and Liesch Environmental to close out the Engineering Grant. Wisniewski is asking if Liesch Environmental could close out the grant and ask for extension on the planting portion; she feels she doesn’t have the technical expertise to close out. Chair Pelletier spoke regarding the leasing of the Wetlands and will place the directive from the Town Meeting on the April, 2005 T.B. agenda. g)Park & Tourism No agenda items. h)Plan Commission Supervisor Malsch stated he had only one agenda item: 1.Discussion/possible action on recommendation of the Plan Commission to approve a rezone from P-1 to R-2 – Ann O’Hara Barnard, 2300 Lakeshore Dr., Tax Key No. FSS00002. i)Police Committee Police Chief Andrew Mayer reported they have been meeting with the architect for the new police station and he would have a cost by next week. Chief Mayer asked that a Presentation for heroic actions on the part of Bruce Lilegren, who rescued an ice-fisherman from Lake Delavan be placed on the agenda. j)Public Works Committee Mike Petkoff asked based on recommendation of the Public Works Committee to approve a contract with Odling Construction for $ 1500 for a 30” culvert on Bailey West of Highway 67. Chair Pelletier reported that Dutch Meadows Subdivision is asking for the reduction for the letter of credit from $ 95,000 to $ 50,000. Mechanic, Tom Thiele spoke regarding the truck they are selling, which has been red-tagged and will work with Treasurer Shari Wisniewski regarding writing a letter to owner and title. k)ETZ Committees No meeting l)All other recommendations Chair Pelletier asked board members to review the Smart Growth information they had been given and a decision of how the town wants to go will need to be made on or before June 1, 2005. Chair Pelletier stated the architect that worked with the Ad-Hoc Community Center project has come back and will be meeting with the standing committee. Pelletier added he will also be asking for payment for work performed thus far. Chair Pelletier stated that Barb Militello has sent in her resume for the opening for Supervisor; this will be discussed at either the May Work Meeting or prior at a special meeting. Charles Grant – resident stated that all roads in the town can be placed under county jurisdiction if they have a high volume of traffic; roads like Mound Rd., or Town Hall Rd. Mr. Grant stated this was just for the Boards consideration. Shari Wisniewski pointed out that there are all kinds of housekeeping items that need to be placed on the April Agenda, i.e., appointments to standing committees, consultants, affirm all resolutions, designating an official newspaper and designating the official depositories of the Town of Delavan. Attorney Wassel asked that a closed session be added to the Town Board Meeting to discuss the James Wolfgram case; State of Wisconsin suit and the Hying and Grant claims. Chair Pelletier called for a short recess at 8:10 p.m. prior to the closed session portion of the meeting Supervisor Hummel made a motion to go into executive closed session under 19.85 (1) (e) to deliberate or negotiate a contract with Sho-Deen on the Mound Rd. Project with a second from Supervisor Malsch and the motion carried unanimously. Supervisor Malsch made a motion to go out of closed session because he didn’t think the subject should be discussed. The motion failed for a lack of a second. a. Discussion/possible action regarding issues discussed. Chair Pelletier made a motion to continue closed session under 19.85 (1) (g) to confer with counsel re: litigation strategy for which the town is likely to become involved with the State of Wisconsin with a second from Supervisor Hummel and the motion carried 3 to 1, with Chair Pelletier, Supervisor Hummel and Nowak voting in favor and Supervisor Malsch voting against. a.Discussion/possible action regarding issues discussed. Supervisor Pelletier made a motion to continue closed session under 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation – Animal Slurry with a second from Supervisor Hummel and the motion carried unanimously. a.Discussion/possible action regarding issues discussed. Supervisor Nowak made a motion to go out of executive closed session with a second from Supervisor Hummel and the motion carried unanimously. Adjournment: Supervisor Malsch made a motion to adjourn with a second from Supervisor Nowak and the motion passed unanimously. Chair Herman adjourned the meeting at 9:45 PM. ATTEST: APPROVED: _____________________________ ______________________________ Colleen Endisch, Town Clerk John Pelletier, Town Chair