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April 14, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of April 14, 2004
The regular monthly Town Board Work meeting was held in the Town Hall
after due notice had been posted.
Chair Herman called the meeting to order at 7:00 p.m.
PRESENT: ALSO PRESENT:
Chair, Marvin Herman Clerk, Colleen Endisch
Supervisor, Jack Fleming Treasurer, Shari Wisniewski
Supervisor, Richard Hummel
Supervisor, Larry Malsch
Supervisor, Jay Goethal
EXCUSED:
Police Chief, Andrew Mayer
Audience: Approximately 5 citizens
Chair Herman called roll and declared a quorum present for doing
business.
Communications:
None
Old Business: None
New Business:
Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
)aAdministrative Committee
Supervisor Fleming reported that the Administrative Committee is
recommending that the town board look at reducing the sentence for
Maxi-One Shell. Fleming stated that he believes that Maxi-One has
been hurt enough financially and seeing that they are well into their
punishment phase, the town shouldn’t be in it to hurt their business.
Chair Herman stated that he believes they hurt themselves. The word
on the street is they know where to go to buy, if underage.
Supervisor Hummel stated that if it was the middle of summer he could
see that they would be hurt, but their suspension will be lifting on
May 25th. Supervisor Malsch stated that the Administrative Committee
was only honoring the request of Maxi-One to go to the Board.
Attorney Wassel stated that the night of hearings for license
revocation he stopped at Maxi-One and there were eight or nine
vehicles there with young adults ages 16-20 year of age. There was a
vehicle parked next to him containing two underage males, one stayed
in the car while the other went into the Station to make a purchase.
The youth came out of Maxi-One with 2 packs of cigarettes and
responded to the other youth, “Dude I got them”. Supervisor Goethal
stated that lowering this suspension reduces the credibility of the
board. Supervisor Hummel stated that the night of the hearing, the
agent listed on the license was furious about her name still be on
their license. Treasurer Wisniewski stated that she told the manager
from Maxi-One that they still hadn’t come in to change the agent on
their license. He replied he would come in the next day. Clerk
Endisch stated that the Administrative Committee was just honoring the
request of Maxi-One to be heard at the Town Board Meeting and lifting
the suspension was not her recommendation.
Supervisor Fleming stated that the Administrative Committee would be
recommending that the town board approve a “Class A”/Class “A” Liquor
License for Delavan Lake Bait & Tackle – Brian Bishop owner.
Supervisor Fleming stated that Neal Gill was applying for a “Class
A”/Class “A” Liquor License and the Town needs to amend the ordinance
increasing the number of Licenses available as we are at quota. Neal
Gill presented the Town Clerk with his application for a license and
the Town Clerk told Mr. Gill that he would need to come in and pay for
the license before she would go through the approval process.
Supervisor Fleming remarked that the End Zone Bar is asking for
permission to add an outside patio, not accessible from the parking
lot. The owner brought a preliminary plan and will provide the Town
Clerk with an updated description of the premise to amend the license
accordingly.
Supervisor Fleming stated that the Clerk and Treasurer are looking
for permission to get name stamps to be used to sign payroll and A/P
checks in their absence. Fleming explained that in the past the clerk
& treasurer had cross-signed checks and Shari & Colleen didn’t feel
comfortable with that. Attorney Wassel stated that maybe they should
hold off until after the outside additional audit is held and ask the
auditing firm for some guidance on how to handle. Through further
discussion it was determined that the Deputy Clerk/Treasurer would be
added to the signature card at the bank and she could sign checks in
either of their absences.
)bEconomic Growth and Development Committee
Supervisor Goethal stated that there has been much frustration with
everyone involved in this committee and he wants to start with a start
over with a clean slate. Goethal explained that they would like to
start by reaching out to the local business community by hosting a
luncheon. Chair Herman stated the difficulty is that they have no
budget. Attorney Wassel suggested that they go to the Dept. of
Tourism, Chamber of Commerce to ask for donations. Chair Herman
responded that the Town hasn’t had much luck getting any help from
either group; they both are heavily tied with the City. Attorney
Wassel suggested that they go to selected business, like himself and
ask for a $ 100-$200 donation to help fund. Chair Herman stated that
he would put on the agenda an item to expend $ 500 to be transferred
from contingency to sponsor their event.
Supervisor Goethal stated that he is a member of a new committee,
sponsored by the County (Economic Development Advisory Committee).
This committee has been given a $ 65,000 budget and he will keep the
board advised as to their progress. Chair Herman stated that some of
the items that the EGAD Committee had addressed in the past were
Incorporation of the Town and establish a tourism kiosk.
)cEmergency Government
Supervisor Fleming stated that he had hoped to get this committee
going in July.
)dFinance Committee
No Report.
)eFire & Rescue Committee
No agenda items. Supervisor Hummel reported that Geneva Township
wanted to be placed on the May agenda for discussion regarding service
to Geneva National.
)fLake Committee
Attorney Wassel stated that a special assessment for the
approximately 200 people that live in the inlet is appropriate. He
stated that people who live there are receiving a special benefit from
cleaning up the Inlet and a special assessment cost could be derived
based on the preliminary engineering report, which would describe the
work, estimate the cost and suggest how the cost be allocated. Wassel
added that a lot of the administrations have gone on binges of
spending and others spend nothing; letting things slide when issues
should have been addressed. Treasurer Wisniewski stated that next
year at budget time when the tax levy is high, she doesn’t want
everyone yelling to her about it. Attorney Wassel stated that to go
forth a public hearing would need to be held after the project
engineering is completed and special assessment determined. Treasurer
Wisniewski stated she couldn’t understand that both the Inlet and
Brown’s Channel were willing to pay for all or part of the project a
year or so ago, what happened? Wisniewski stated that John Pelletier
came in and spoke with her about borrowing the money now, while the
interest rates are low and she is hesitant in doing that because of
the amount of money she needs to borrow, just making the annual
principal payment on money not being allocated isn’t a good practice.
Supervisor Malsch stated that we should first have in hand our DNR
permits; to make sure they are going to OK the project.
)gPark & Tourism Committee
Supervisor Malsch stated that he has a resident that is requesting
use of the parking lot at Community Park for a wedding on September
18, 2004. Supervisor Malsch stated that the Park Committee would look
at it first and get back with a recommendation.
Supervisor Malsch stated that Kim Even has been in contact with the
city regarding a City vs. Town Volleyball game and will provide town
hall with the details.
Supervisor Malsch reported that Environmental Days would be on May
19th.
Malsch stated that he has been in contact with The Week/Sunsation
regarding putting a calendar of events in the magazine. Malsch will
follow-up.
)hPlan Commission
Chair Herman stated he had two agenda items.
)iThe planning committee is recommending approval of a CSM for the
Reu Family Trust, 5694 Marsh Rd. for a farm separation.
)iiThe plan committee is recommending approval of a CSM for Norman
Brummel on County Hwy P NW and SW ¼ Sec. 6 T2NR16E.
Chair Herman stated the planning committee is working in conjunction
with SewerPak on developing a multi-jurisdictional plan, which would
not be part of the county plan. The Town would have its very own
plan.
Chair Herman stated that the project across the street is not going
forward, the developer failed to show at the plan committee meeting
and they are delinquent in engineering fees and taxes and their
conditional use permit expires on May 1, 2004. Treasurer Wisniewski
asked how we could collect the fees owed. Attorney Wassel stated that
very often we try to recoup the expense with the next developer.
)iPolice Committee
Supervisor Fleming stated that the chief is looking at putting a
weight limit for going on the ice and wants to require the structure
to be equipped with floatation device and inspection before entering
the ice.
Supervisor Malsch stated that he submitted an offer to purchase on
the land for the Police Dept.
Attorney Wassel stated that the owner of the ATV that was seized was
advised. Wassel was wondering if the town is going to sell or use.
Treasurer Wisniewski stated that Tom Thiele stated he felt the ATV was
unsafe for use by town employees as it can reach speeds of 85 MPH.
Supervisor Hummel stated that he thought the town should sell and not
risk having a Workers Compensation Claim.
Attorney Wassel stated he would like to discuss in closed session
restitution for the alleged Police Secretary’s theft.
)jPublic Works Committee
)iChair Herman stated the Public Works Committee met with the City of
Delavan Administrator regarding the resurfacing of Mound Rd. The town
has agreed to pay the normal Class “B” road resurfacing costs for the
sections of Mound Rd. West of F that belongs to the Town. The City
will pay the additional cost to bring the road up to Class “A”
specifications. The cost to the Town will be $ 125,000 to $ 150,000.
)iiChair Herman stated that Mike Petkoff has various used highway
equipment that he wants to advertise to sell. Clerk Endisch responded
that the Town is looking at advertising in either the Municipality or
the Towns publication.
)kETZ Committees
No Report
)lAll other recommendations.
)iChair Herman reported that Keith Munson said that Open Book is
still waiting to be scheduled, Munson hasn’t received the assessment
roll back from the county.
)iiChair Herman asked Supervisor Malsch about the approval of the
check for Attorney Wassel. Attorney Wassel stated he didn’t
understand why he should wait for his money while this sat on the DA’s
desk. Supervisor Malsch stated that he thought it was inappropriate
to pay. Chair Herman stated he only relied on advice of the Town’s
counsel.
)iiiChair Herman stated that he called Keith Munson inquiring if
Westshire Farms was included in the equalized value of the town. He
hasn’t gotten a response yet. Chair Herman stated that everyone
should write letters to their assemblyman and senators regarding this
exemption.
)ivChair Herman stated that he would be giving the Board Members
their standing committee and commission appointments by the close of
business on Friday. There was some controversy over the board members
being changed. Supervisors Malsch and Fleming remarked that they
would like to remain where they were. Herman remarked that he
believed a change was good, that it would enhance their experience as
a board member. Attorney Wassel stated in many cases this would be
sacrificing continuity and the tenure that is brought into the
equation. Supervisor Hummel stated that in his tenure some years he
made a lot of switches and some years none. It really didn’t matter
to him. Supervisor Malsch stated he has devoted much time to the Park
Committee and would like to see the Community Center to completion.
Supervisor Fleming stated he too is in the middle of multiple issues
on his committees and would like to follow through. Supervisor
Goethal remarked that he wasn’t opposed to a change.
)vChair Herman stated that as part of business he would make a motion
to affirm all prior resolutions adopted by the Town Board.
)viChair Herman stated that he would like to propose that Walworth
State Bank and Community Bank of Delavan be designated as the official
depositories of the Town of Delavan.
)viiChair Herman proposes that the Delavan Enterprise be readopted as
the Official Newspaper of the Town.
)mComment and suggestions of citizens present.
)iPat Morelli asked if and when the EGAD Committee could advance
forward. Supervisor Goethal responded when their $ 500 was approved.
Supervisor Hummel stated that they should probably scale down to a
pizza party or cold cuts. Attorney Wassel stated they should be
looking for donations from businesses like the Village, Baxter &
Woodman, etc.
n) Motion to go into executive closed session pursuant to Sec.
19.85 (1) (e) to consult with
attorney re: Keefe Sign
Easement Negotiation. Attorney Wassel asked if this matter could be
tabled to next month.
Adjournment:
Supervisor Fleming made a motion to adjourn with a second from
Supervisor Malsch and the motion passed unanimously.
Chair Herman adjourned the meeting at 8:50 PM.
ATTEST: APPROVED:
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair