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August 10, 2005 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of August 10, 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, Wayne Polzin Mechanic, Thomas Thiele Supervisor, Dolores Nowak Audience: 7 Communications: Chair Pelletier announced the resignation of Barbara Militello from the Fire and Rescue Committee. Comment and Suggestions of citizens present. Gary DeVries commented that at the last Board meeting Chair Pelletier referred to the Community Center Project and null and void and wanted to know what that meant. Chair Pelletier responded that the project is dead and if the project would push forward to support a four and one-half million dollar project either a Town Board Member or Park Committee member would need to sponsor it. DeVries responded if the effort is stopped the old building needs to be taken care of. Chair Pelletier stated the monies (from fees in lieu of) originally allocated for the design phase were exhausted, but the town would be willing to listen to any redesign ideas. Mr. DeVries stated the Town needs to strive to maintain and take care of the current building. Chair Pelletier stated he agreed. Supervisor Hummel stated the building the Town has is adequate for the needs of the residents. Chair Pelletier stated that item 2 in closed session will be addressing the issue of the Gramse suit and if anyone wanting to speak to this issue should so now. Mary Knipper, representing the DLIA, stated that they want to strengthen the town’s position to gain authority over lake issues by following the Town’s Master Plan in future shore-land development. Old Business: None New Business: Discussion/possible action on ID requirement from the County for all employees, including elected officials. Officer Hanson gave a brief overview about the County ID program and asked the Board to complete the application form, applying for the ID cards and asked them to return the completed forms to Clerk Endisch. 2.Reports/discussion/agenda preparation from issues resulting from monthly Committee meetings: Administrative Committee. a.Administrative Committee Supervisor Hummel stated the “Class B”/Class “B” Liquor License for Delavan Lake Bait and Tackle needs to be put on the agenda. Clerk Endisch stated that she had hired a Deputy Clerk/Treasurer, Janet Armonda to start on August 16, 2005. Clerk Endisch remarked she had over eighty applications, interviewed nine of the applicants and three would accept the position for $ 9 per hour. Endisch added the other six applicants wage demands exceeded $ 13 per hour and even though Jan agreed to accept the job for $ 9 per hour, she would be coming back to the board for increase once Jan’s probationary period ended. Clerk Endisch remarked that we are expecting an awful lot of this person for the wages offered. Clerk Endisch added that Ms. Armonda had worked for the town during last tax season, which would aid in the training effort needed to bring her up to speed. b.Economic Growth and Development Committee Supervisor Nowak asked if she needed town board approval to purchase the refreshments and postage for the Business Leaders/Resident meeting for September 13, 2005. Nowak reported she would send out 90-100 invitations to this event. Treasurer Wisniewski responded the funds had already been approved. Supervisor Nowak stated the committee was missing two members this month and she felt that decisions regarding the calendar and business directory needed to have a full committee present. Supervisor Nowak stated the committee had been informed about their involvement in researching impact fees and Carol Coccia volunteered to call around to other municipalities to get information about what they are doing. Supervisor Nowak stated the County is forming the County Economic Alliance, which will dissolve the current County EGAD Committee and based on preliminary discussion is looking at charging $ 1 per head, based on most current census numbers as dues each year. Ms. Nowak is going to ask a representative from the Alliance to attend both an EGAD and Town Board Meeting to explain their charter. Chair Pelletier expressed that maybe a joint meeting between both groups would be better and that membership can’t be imposed, this isn’t like a tax. c.Emergency Government No Meeting d.Finance Committee Chair Pelletier stated that Treasurer Wisniewski would be sending out the budget worksheets with guidelines to follow. Treasurer Wisniewski stated that it has been brought to her attention that the town should be charging sales tax on copies, maps, master plan books. Wisniewski is wondering if we start collecting this tax if we could be held responsible for previously sold items the Town didn’t charge tax for. Wisniewski asked Attorney Wassel if he agreed that these items are subject to tax and he responded yes. Supervisor Nowak stated that would also affect the sales of the calendar the EGAD Committee is working on. Treasurer Wisniewski remarked that a policy and procedure would need to be written. Treasurer Wisniewski questioned why the $ 35.00 for a Kennel License hadn’t been taken off the Ordinance, when revised as she understands the Town of Delavan has no properties that would qualify for a Kennel License. Attorney Wassel responded there are no properties currently zoned, but the potential could be there. Treasurer Wisniewski also asked what a Special Instance was, and Attorney Wassel was not sure, but would delete from updated Ordinance. Treasurer Wisniewski asked about Twin Lakes Development back taxes and if the Town should add to the 2005 Tax Levy. Wisniewski explained that the old assessor never caught that the property wasn’t on the tax roll, 1993 was the first year taxes were not paid. Chair Pelletier remarked with the budget cap/freeze he would rather not spend the money for this. Treasurer Wisniewski responded the amount is $ 6,800. e.Fire and Rescue Committee Supervisor Malsch stated he received a resignation from Barb Militello, but he would like to wait to reappoint until September. Malsch has asked his committee and is looking for suggestions from the Town Board. Malsch reported he drafted and presented a tentative policy to address accidents/incidents for the Fire & Rescue Departments. The Fire Committee had no disagreement; this would name the Police Department as the reporting agency. Malsch stated the Emergency Tower permit needed to move the Tower to the Odling property is in the works. Malsch asked if this item would be charged to the General Fund and Treasurer Wisniewski asked how much and when. Supervisor Malsch responded it is not expensive, the cable would be the biggest expense. f.Lake Committee Chair Pelletier reported he is working on a new Mound Rd. dredging proposal to have Liesch Environmental reactivate the permit, create bid documents and oversee the work. Chair Pelletier stated there are some issues with the North Pond but the East Pond, which is 80% of the project, could go ahead. Pelletier added the Lake Committee recommended that project be split. Chair Pelletier stated that it could take up to four months in the permit process and the Town could opt to spend an addition $ 900 as an expedited fee, but this wouldn’t guarantee anything. Chair Pelletier reported that he is looking to get approval for the Brown’s Channel project. Pelletier stated that the residents are landlocked already and if the Town waits until the Mound Rd. project is completed if could be a couple of years. Pelletier added the dollars are already budgeted for this project. Supervisor Hummel stated he received a letter from Reeds Marine complaining about the Lake not being healthy, by the Police Pier and beach. Clerk Endisch remarked that Kevin MacKinnon told her that where the beach is located is the problem. The configuration of the beach after the Peninsula was added makes it a catchall for the algae. Endisch added that MacKinnon also said you could spend all day removing and within hours it would be right back. g.Park & Tourism Supervisor Hummel reported the Park Committee is recommending the Town install a third launch pier, with a maximum cost of $ 4,100. Supervisor Hummel has spoken with David Dahms/DNR about sharing the cost; otherwise the funds could come from fees in lieu. Supervisor Hummel reported that Gerry Holubeck resigned from the Park Committee, has sold her home and moving out of town. The position will not be filled as the Committee had six members and should only have five. Supervisor Hummel stated he received two pictures of the park beach and he went down to the beach, and found the beach looking worse than the best picture. Hummel stated he spoke with David Dahms to get suggestions as to what we could do. It was determined the matter is not forkable, just mush. Supervisor Nowak stated at the Highlands they just rake in the weeds. Mechanic Tom Thiele stated they tried to rake on the tractor won’t work. The sediment is weeds that are decayed, mixed in with other algae. Supervisor Hummel reported the Park Committee will be looking at the Park Contract at the September meeting. Chair Pelletier stated the committee should address the park contractor using the town’s equipment. They should look for alternative ideas, such as the park contractor buying their own equipment or have the Public Works Dept. do the mowing, etc., with a lesser payout. Supervisor Polzin asked about the damage at the park building. Polzin stated that the Town should be collecting the money for the damage, prior to the end of the park season. Supervisor Hummel will get estimates on repairing the walls. Supervisor Nowak stated there is a dinner honoring Gary DeVries on Saturday, August 13 at the Legion for anyone interested. Treasurer Wisniewski asked Supervisor Hummel who was going to track the reservations for the park in the off season. Hummel responded to give inquiries to him. h.Plan Commission Chair Pelletier reported that on August 23, 2005, Shodeen is making a presentation for a joint Town Board and Plan Commission meeting to be held at the park. This will be similar to what Shodeen is doing for the EGAD Committee. i.Police Committee Supervisor Malsch reported the deadline for the bids for the Police Station were due last Friday. Vernon Choyce/Arris Corp. stated that sixty-four contractors sent in bids. Supervisor Nowak stated she attended the Police Committee Meeting and cam away with the understanding that the figures don’t include everything. Chief Mayer responded that the furniture, security system and phone system were not part of the bid process. The Officer got these bids. Chief Mayer reported that every officer has completed their PIT training, training in high speed pursuits. j.Public Works Committee Chair Pelletier reported the P.W. Dept. is looking to fence the P.W. area of the property to make secure. There has been multiple signs, posts, and refuse dropped off on weekends and even used oil place inside the unlocked building. The cost for the fencing is $ 6400. Chair Pelletier asked if the Highlands wanted to opt back in for snow plowing if this item needed to be approved by the Town Board. Treasurer Wisniewski stated yes, she also wanted to inform the board that the $ .13 for maintenance is not covering the expense. Chair Pelletier reminded the Board that a Public Hearing for Borg Rd. reconstruction is at 6 PM on August 16 for the Board of Review to adjourn at 6:45. Chair Pelletier asked if the Public Works would lease equipment rather than buy, how would that be booked, as a capital expense or out of the operating budget. Attorney Wassel stated the Town wouldn’t own, he believes would be out of the operating expense. k.ETZ Committees No Meeting l.All other recommendations Chair Pelletier is looking for a volunteer committee to review outside wood burning stoves. Clerk Endisch asked the Clerks network for example ordinances regarding regulation of, which Pelletier would pass on. Supervisor Malsch accepted the assignment for the Fire & Rescue Committee. Chair Pelletier stated the per diem, mileage reimbursement and rules and regulations for out of town stays is being reviewed the Administrative Committee 3.Discussion/possible action regarding 2006 budget guidelines Chair Pelletier stated that the departments would be receiving budget guidelines. Supervisor Nowak stated with the 2% limit increase, the departments need to follow the guidelines imposed and do definite cutbacks in their budgets. Treasurer Wisniewski stated the 2% limitation won’t cover the cost of the union increases. Chair Pelletier stated he would set a Finance Committee meeting date. 4.Discussion on Smart Growth Resolution Chair Pelletier stated that earlier this year the Town Board voted to participate in the Smart Growth Plan in conjunction with the County, but that selection was just at the advisory level. Pelletier is asking the Town Board to adopt the resolution as provided by the county. Chair Pelletier called for a short recess prior to the closed session portion of the meeting Chair Pelletier made a motion to go into executive closed session under Sec. 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation in which it is involved, selection and payment of counsel and possible settlement offer – State of Wisconsin with a second from Supervisor Polzin and the motion carried unanimously. ()aDiscussion/possible action regarding issues discussed. Supervisor Polzin made a motion to agree to pay the forfeiture of $ 20,359.00 to the States of WI vs. Town of Delavan-Case # 05 CX 001 with a second by Supervisor Nowak. Supervisor Malsch asked if a motion would be in order based on the item as on the agenda. Attorney Wassel didn’t see an issue. A roll call vote was taken. Chair Pelletier- Yes, Richard Hummel-Yes, Supervisor Polzin-Yes, Supervisor Nowak-Yes, Supervisor Malsch – Nay, the motion passed with a four to one vote. Chair Pelletier made a motion to continue in closed session under 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation in which it is involved – Gramse et al with a second from Supervisor Nowak and the motion carried unanimously. ()aDiscussion/possible action regarding issues discussed. Supervisor Polzin made a motion to not continue with additional litigation in the Gramse Case with a second from Supervisor Nowak. A roll call vote was taken. Chair Pelletier-No, Supervisor Polzin-Yes, Supervisor Hummel-Yes, Supervisor Malsch-Yes, Supervisor Nowak-Yes, the motion passed with four to one vote. Chair Pelletier made a motion to continue in closed session under 19.85 (1) (e) deliberating or conducting other specific business whenever competitive or collective bargaining reasons require a closed session-Police with a second from Supervisor Malsch and the motion carried unanimously. ()aDiscussion/possible action regarding issues discussed. Chair Pelletier made a motion to continue in closed session under 19.85 (1) (c) considering employment, governmental body has jurisdiction or exercises responsibilities – Tracy Landt with a second from Supervisor Hummel and the motion carried unanimously. (a) Discussion/possible action regarding issues discussed. Supervisor Polzin made a motion to go out of executive closed session with a second from Supervisor Malsch and the motion carried unanimously. Adjournment: Supervisor Polzin made a motion to adjourn with a second from Supervisor Malsch and the motion carried unanimously. Chair Pelletier adjourned the meeting at 9:50 PM ATTEST: APPROVED: _____________________________ ______________________________ Colleen Endisch, Town Clerk John Pelletier, Town Chair