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August 11, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of August 11, 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 7:05 p.m.
PRESENT: ALSO PRESENT:
Chair, Marvin Herman Clerk, Colleen Endisch
Supervisor, Jay Goethal Treasurer, Shari Wisniewski
Supervisor, Richard Hummel Attorney, Steve Wassel
Supervisor, Larry Malsch Police Chief, Andrew Mayer
Acting P.W. Foreman, Mike Petkoff
Mechanic, Tom Thiele
Excused:
Supervisor, Jack Fleming
Audience: Approximately 12 citizens
Clerk Endisch called roll and excused Supervisor Fleming. Chair
Herman declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
Mr. Tom Rupkey was in attendance and addressed the board regarding
his petition for an address change. Chair Herman stated that Mr.
Rupkey had addressed the Public Works Committee previously on this
issue and had been turned down and Mr. Rupkey wanted to take his
request to the next level. Mr. Rupkey explained that the address that
he currently has is not a recognizable address on internet mapping
processes and based on the numbering system of other houses on Forest
Drive, his number does not fall into the sequential numbering system.
His largest concern is that as a 911 customer, he wouldn’t be able to
be found. Mike Petkoff stated that the problem is that all the other
numbers on this street were incorrectly issued. Supervisor Hummel
added that the entire subdivision was wrong. Mr. Rupkey is asking
that his address be changed to 4090 Forest Drive. Chair Herman told
Mr. Rupkey that he would place his request on the Town Board agenda
for August 17, 2004 and action would be taken at that time.
Old Business: None
New Business:
1.Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
)aAdministrative Committee
The committee has not met in August. Treasurer Wisniewski stated
that she had a few items she would like to address regarding
Administrative Issues. Wisniewski stated that she had been in contact
with the Town Assessor, Keith Munson regarding a cost of services for
calendar year 2005. Mr. Munson quoted a figure of $ 22,000 for
maintenance (no change from 2004). Mr. Munson is also recommending
that the town do a revaluation of properties for 2005 and his fee for
those services would be $ 75,000 to $ 80,000 range. Munson remarked
that he wouldn’t have to do much work on in-home inspections this
time, mostly sales.
Munson added that he would need to begin this fall if this were to
happen for 2005. He is asking for a
$ 25,000 pre-payment. Wisniewski stated that this money has not been
budgeted for and she has a concern on how we pay for this. Supervisor
Hummel stated that we wouldn’t need to pay him until November.
Attorney Wassel stated that he would prepare a contract for review by
the board.
Chair Herman stated that Supervisor Fleming hasn’t been showing the
necessary leadership and responsibility as needed by a Town Supervisor
and his conduct has been less than exemplary. Fleming has not turned
in minutes for the Police & Water Safety Committee Meeting since
February and Administrative Committee since April and is not moving
forward on negotiating the Police & Public Works contracts.
Chair Herman stated that Supervisor Fleming contacted the Town Clerk
on Monday August 10, 2004 and told her he was being released from the
hospital and would be home recuperating, unavailable for meeting and
could be reached at home if needed. Herman added he and his wife
stopped in the Waterfront on Tuesday August 11, 2004 at 4:30 and Jack
Fleming left quickly when Herman arrived. Chair Herman had a
conversation with the bartender and was told that Mr. Fleming had been
there on Monday August 10, 2004 from 4 PM to 7:30 PM. Supervisor
Hummel stated that on July 30th he received a call from the Town Clerk
telling him that Supervisor Fleming was going to be unavailable for
the August 2nd Administrative meeting and the Town Clerk asked Hummel
to contact Supervisor Fleming to determine if the meeting should be
cancelled. It was determined to cancel and reschedule for August 9.
On August 6, Treasurer Wisniewski contacted Supervisor Hummel because
Fleming had called in to say that he was going to be admitted to the
hospital for a week and would be unavailable for the August 9th
meeting and they determined again to cancel the meeting. Treasurer
Wisniewski stated that without Supervisor Fleming’s input the meeting
would have been useless, as Fleming had the assignments of contacting
the assessor, police union and fire union. Wisniewski added that in
the past the union negotiating committee was an ad hoc committee
appointed by the chair of the Administrative Committee.
Attorney Wassel stated the town should go ahead with business as
usual, have the co-chair of the various committees pickup the duties
in Supervisor Fleming’s absence, while he is recovering from surgery.
Chair Herman asked what the town should do about the missing minutes,
etc. and Attorney Wassel stated that he would write Supervisor Fleming
a letter reminding him that minutes are a statutory requirement for
all town meetings.
)bEconomic Growth and Development Committee
Supervisor Goethal stated that they will resume their meetings next
month.
)cEmergency Government
Chair Herman stated that this committee hasn’t met.
)dFinance Committee
No meeting.
Treasurer Wisniewski stated that in early September she wants to
start the budget process and would be asking each member for their
budget numbers. Wisniewski also stated that the contract for
Clifton-Gunderson had been finalized.
)eFire & Rescue Committee
Supervisor Malsch reported that the Chassis of the new fire truck had
not arrived yet.
Malsch stated that he wrote a letter to Tom Brauer (member of Police
& Fire Commission) and asked the Commission to schedule a meeting to
address the issue of Sandra Rugen (Fire Inspector). Clerk Endisch
stated that she had been contacted by Fire Chief Gerald Edwards who
asked her to petition to the Town Board to approve back-pay for Sandra
Rugen from March as she has been acting in this position and has never
been paid. Chief Mayer stated that he would contact a member of the
commission and address the issue.
Supervisor Malsch stated that the fire committee had an issue with
the price on the blacktopping for station # 6 and Mike Petkoff would
look at the figures.
)fLake Committee
Addressed in previous meeting.
)gPark & Tourism Committee
Supervisor Hummel reported that there had been four bids for project
of re-roofing three park shelters. Paulson Contruction was given the
bid for $ 3,635.00.
)hPlan Commission
Chair Herman reported that the only agenda item was the Odling land
division an approval of a CSM.
Supervisor Hummel asked Chair Herman if any new subdivision coming in
were required to install roads up to Town standards and that none
would be private. Chair Herman stated yes they would be required to
meet the Town road standards.
)iPolice Committee
Chair Herman stated that Arris Corp. was in attendance and would give
an update on the Police building. Mr. Choyce stated they had
completed the survey and topography as need by the County and the only
issue the County has thus far was assuring that the water drainage
would go only to the east and south. The P-2 zoning change hasn’t met
opposition and Arris is looking for the go ahead to put the project
out to bid. The only other issue would be a potential front-setback
adjustment that would be needed. Attorney Schuk stated that if given
the go ahead the civil design and final engineering plan could be
ready in October.
)jPublic Works Committee
Chair Herman stated that the Public Works Committee is recommending
that the Town Board accept the bids for the following:
Don Gunderson $ 3,000 - 1991 Dodge Truck
Pioneer Landscaping Services $ 2,888 – 1987 International, 5 yard
dump truck
Pioneer Landscaping Services –$ 10 - 1 – fiberglass tank used for Ice
Ban storage
Bids for the other three items were all rejected.
Chair Herman asked that 8.11 (g) of the municipal code be amended to
change the language to accommodate for concrete driveways, etc.,
stopping twelve feet from edge of pavement. Attorney Wassel will
provide an amendment to repeal & recreate section 8.11 (g).
Supervisor Malsch asked about the signature of the Ordinance 252
(repeal of section 8.14) and Attorney Wassel stated that it should be
placed on the town board agenda again for repeal. Supervisor Malsch
stated that the ordinance to replace section 8.14 still needed some
work. Malsch believes that the snow plowing and road maintenance need
to be separated out. Supervisor Hummel stated that he still doesn’t
understand or have enough knowledge to make a decision on.
Treasurer Wisniewski stated that she doesn’t understand about billing
in advance. Wisniewski added that the auditors say we can’t do this.
Attorney Wassel responded that a good faith estimate based on a
percentage of the total budgeted amount for snowplowing would be
determined. Wisniewski responded that she thought it should be booked
as a receivable based on there are now many snowfalls. Supervisor
Malsch asked about the language that a contract is needed and Attorney
Wassel stated that a contract was not necessary. Supervisor Hummel
asked about maintenance being an assessment or a tax. Supervisor
Malsch asked if the Town could maintain a road without input from the
homeowners. Attorney Wassel responded yes. Malsch asked if five
people live on the road and one doesn’t want paved, Wassel responded
this would be at the town’s discretion. Chair Herman stated that this
has already happened and he has directed Burdick not to grate in front
of a particular home-site. Herman added that Lilly and Blodgett did
their own roads and he has directed Burdick not to do. Supervisor
Malsch asked if that could be done as the Town Board already directed
the work to be done and Attorney Wassel stated it isn’t a good
practice. Supervisor Hummel stated that his personal opinion was not
to do anything on the private roads. Chair Herman stated that Baxter
& Woodman is having a difficult time determining what the cost is for
snow plowing by linear feet.
)kETZ Committees
No Report
)lAll other recommendations.
Chair Herman stated that he had received a letter addressed to Gayle
Finn and found a letter written by Gayle Finn on Town of Delavan
letterhead. Herman added he was appalled to receive something with
Ms. Finn representing herself as a town employee. Attorney Wassel
stated he would take a look at the issue.
Chair Herman stated that the Weed Harvester was sold to Alaska Divers
& Underwater Storage for
$ 22,000.
Chair Herman reported that Roger Wolf is considering an annexation of
one-hundred acres of land into the city of Elkhorn to be used for a
residential development.
Attorney Wassel stated that approximately two years ago there was a
claim filed against some Elkhorn businesses regarding pollutants
upstream in the lake. Supervisor Goethal added that DNR was the
enforcement agent on this. Treasurer Wisniewski asked who filed the
claim. Attorney Wassel stated he would find out.
Chair Herman stated that Jim Johnson from Westshire Farms is asking
to have the $ 250 rental charge waived. Chair Herman asked if the
town should just waive the town’s portion of the charge. Attorney
Wassel stated that CK Recreations receives 40 % revenue only on
receipts collected by the town. Treasurer Wisniewski asked about
violation of CK’s contract and his ability to earn under the contract.
Attorney Wassel stated that this is just like DLIA being able to use
the building. Chair Herman will add to the Town Board agenda.
Chair Herman asked where the Murray case was and Chief Mayer
responded that the case is to be heard on September 2nd, 2004 but he
has had strong indication that it would be settled prior to the court
date.
)mComment and suggestions of citizens present.
None
Chair Herman indicated at 8:30 that a short recess would be taken
before the closed session began.
The meeting reconvened at 8:45 PM.
Chair Herman made a motion to go into Executive Closed Session under
Sec. 19.85 (1) (g) regarding strategy with regard to litigation in
which the Town is likely to become involved with a second by
Supervisor Hummel. The motion carried unanimously.
1.Discussion/possible action concerning issue discussed. Chair
Herman made a motion to deny the Wolfgram claim with a second from
Supervisor Goethal and the motion carried unanimously.
Chair Herman made a motion to go into Executive Closed Session under
Sec. 19.85 (1) (f) to consider financial, medical or social history of
specific persons with a second by Supervisor Hummel and the motion
carried unanimously.
1.Discussion/possible action concerning issue discussed.
Supervisor Malsch made a motion to go out of Executive Closed Session
with a second by Supervisor Hummel. The motion carried unanimously.
Adjournment:
Supervisor Malsch made a motion to adjourn with a second from
Supervisor Goethal and the motion passed unanimously.
Chair Herman adjourned the meeting at 9:20 PM.
ATTEST: APPROVED:
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair