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December 10, 2003 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of December 10, 2003.
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 Police Chief, Andrew Mayer
Supervisor, Larry Malsch Temp. P.W. Foreman Mike Petkoff
Supervisor, Jay Goethal
Audience: Approximately 4 citizens
Chair Herman called roll and declared a quorum present for doing
business.
Communications:
None
Comments and suggestions by citizens present:
None
Old Business: None
New Business:
Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
)aAdministrative Committee
Supervisor Fleming stated the Administrative Committee was working on
compiling a job description for the Town Foremen Position.
Chair Herman referred to the 2004 contract from Independent
Inspections, which reflects some service fee increases. Herman stated
he had received a proposal from Professional Building Inspection, with
which he made an attempt to compare costs. Herman stated that
Supervisor Malsch was also recommending that we look at costs of other
vendors. Herman stated that historically this was handled by the
Administrative Committee and asked if appropriate to refer the
contractors to Administrative Committee for evaluation and report.
Supervisor Fleming responded yes.
)bEconomic Growth and Development Committee
Supervisor Hummel stated the committee had multiple questions for the
Town Board. Hummel asked what the committee could do, seeing they
didn’t have a budget. Chair Herman responded that before funds would
be allocated the committee would need to present what they would need
funds for. Herman stated that in 1997 this Committee had been formed
with one of the issues being turning the old Checker Station on Hwy.
50 into a Tourism Kiosk and other similar venues. The 1997 Committee
formed a Mission Statement, which could be adopted by the new
committee or they could choose to form a new statement.
Supervisor Hummel asked if the committee was limited to five members
or if it could be expanded to seven. Chair Herman stated that the
number of committee members was bound by ordinance, but that there are
also consulting committee members available to the committee, Steve
Wassel, Kevin McKinnon and Baxter and Woodman.
Supervisor Hummel asked if there were town street maps and zoning
maps that could be made available for committee members. Chair Herman
stated the town doesn’t have zoning maps, only the county. Dick
Alderman (Building Inspector) has an aerial map in his office with
zoning markers on it. Treasurer Wisniewski provided Supervisor Hummel
with a year-old map that doesn’t have the newer subdivisions on it.
)cEmergency Government
No Report
)dFinance Committee
No Report.
)eFire & Rescue Committee
Supervisor Hummel stated he had no agenda items. Hummel stated that
there was still a faint pulse on the serving of the Town of Geneva,
but the revenue would be far less than originally asked for. He added
that the Town would still be money ahead.
)fLake Committee
Supervisor Goethal reported that the testing of the wetlands was
moving forward; would be a spring or summer project. Goethal stated
they would be applying for a grant and Treasurer Wisniewski stated
that a board resolution was necessary to adopt. Chair Herman stated
he would add to agenda. Chair Herman stated that last spring there
was a resolution adopted for a Lake Management Grant and asked Clerk
Endisch to lookup and prepare.
Supervisor Goethal reported that Assembly Bill 655 could repeal fifty
years of DNR shoreline regulations and the Lake Committee was
negatively responding to the bill’s adoption. Goethal stated that
with the new regulations a case like Gramse’s would automatically be
thrown out. The committees concern is that items like i.e. any size
boat house could be erected and any multi-family units would be
automatically approved. He has been receiving a lot of calls
regarding this issue for non-support.
)gPark & Tourism Committee
Supervisor Malsch reported the Lake Committee was recommending that a
125 ft. X 130 ft. Ice Skating Rink be purchased for $ 3,990.26 from
“Fees in Lieu of Dedication”. The committee looked at multiple size
rinks and decided to recommend purchasing one this size to see if it
would even be used. The primary usage would be for family skate, with
hockey being prohibited. Malsch added the committee felt this was one
way of getting the park to be used year-round.
Attorney Wassel reported that Supervisor Malsch had contacted him
regarding Alcohol usage at Town Park and he would continue to
investigate, but thought that a Sports License purchased through the
Department of Revenue would work.
Chair Herman asked how the Park Building project was going and
Supervisor Malsch responded that Gary DeVries was in charge of this
committee and would have a report next month.
)hPlan Commission
Chair Herman stated Plan Commission was recommending approving the
CSM for Vintage Pond II, Dam Rd. NE1/4 Sec. 6 T2N R16.
)iPolice Committee
Supervisor Fleming stated the Police Committee appointed a committee
to research the purchase of land for the new police station. The
committee consists of: Supervisor Malsch (Committee Chair),
Supervisor Hummel, Maria Odling and Officer Voss.
)jPublic Works Committee
Chair Herman stated the Public Works Committee is recommending the
town board accept the revised work rules (all have been provided
copies). Chair Herman, Mike Petkoff, Lee Holden and the Union have
all agreed to the changes.
Chair Herman stated that the P.W. Dept. recommends to advertise the
following Town Property items for sale; one-grater (un-operable),
one-backhoe (un-operable), two-six x six trucks and twenty to
twenty-five bags of fertilizers (containing phosphorus). Herman added
that the town would advertise in the local papers with the reservation
of right to reject any or all bids. Supervisor Hummel asked if we
could sell these items or if we were restricted and both Chair Herman
and Attorney Wassel stated we could sell.
Chair Herman stated that the Public Works Dept. has two patrol trucks
with cracked frames, these are the trucks that are used to sand, salt
and plow roads. Town Mechanic Tom Thiele diagnosed the problem and
Chair Herman had someone from county give a second opinion and all are
in agreement that the trucks are unsafe and a danger to be on the
road. Acting PW Foreman, Mike Petkoff and Town Mechanic Tom Thiele
have checked around and are recommending purchasing two Peterbilt 2004
Patrol Trucks at approximately $ 103,000. Supervisor Hummel asked if
it wasn’t possible to weld a flange on the frame and Mike Petkoff
responded no because of the way the crack is situated. Chair Herman
responded that these double framed trucks were extremely rusted and
corroded. Supervisor Hummel asked about the Oshkosh and Petkoff
responded that the truck was too big to use to plow subdivisions.
Petkoff stated the Peterbilt Trucks they were looking at had aluminum
frames with stainless steel equipment which would not corrode. Chair
Herman stated that Burke Truck & Equipment, Inc. has offered to lease
us a used Ford L8000 Patrol Truck for usage this winter for $ 12,000
with a guaranteed repurchase basis of cost less $ 500 per month of
use. Attorney Wassel asked where we would be getting these funds from
and Treasurer Wisniewski stated we would need to have a town meeting
to approve the borrowing of the funds for this expenditure. Attorney
Wassel stated we would need to post a class 2 notice and could have
the meeting in conjunction with next months town board work meeting.
Chair Herman stated that it was also necessary they purchase a new
pick-up truck, which would come out of equipment replacement. Herman
stated he would add to Town Board Meeting agenda and Treasurer
Wisniewski stated it couldn’t go on the agenda because we haven’t
received any bids for the truck. The bidding process was turned over
to Mike Petkoff.
)kETZ Committees
No Report
)lAll other recommendations.
)iChair Herman asked if the board would give him authorization to
pursue selling the 1993 Harvester Aquarius for $ 20,000 and all agreed
to go ahead.
)iiChair Herman reported that Craig Craig had resigned from the
Police and Fire Commission and he was in the process of interviewing
candidates for a replacement. He added that Chief Mayer was aware of
all potential candidates. Herman would have recommendation by the Town
Board Meeting.
)iiiChair Herman asked Attorney Wassel for an update on the two
employee settlements. Wassel responded that one was turned over to the
union on November 26th and he hasn’t gotten any response and the other
was in Attorney Compton’s office.
)ivChair Herman asked Attorney Wassel to author a Cancellation
Agreement for the Termination Agreement with DLSD for usage of the
Community Center.
)vChair Herman reported that the Miller vs Town of Delavan negligent
inspection case was taken over by Independent Inspections.
)viPolice Chief Andrew Mayer asked what percentage of the roads being
plowed were private roads. Mike Petkoff responded 20-25%. Mayer
asked why the town wasn’t asking the developers for donations for
these private subdivisions. Attorney Wassel responded that would be
political suicide. Mayer asked why the town was considering
purchasing new equipment to plow private roads. He added that many of
the subdivisions were doing their own plowing now and asked why all
private subdivisions aren’t doing the same. Chair Herman responded
that they were taxpayers and the roads need to be cleaned for
emergency purposes. Mayer responded that he is also a taxpayer and
his development was contracting privately to have their roads plowed.
Discussion with representative of Planning & Design Institute, Inc.
re: Comprehensive Planning
Chair Herman reported the Plan Commission had a presentation from
Michael Cotter from Walworth County regarding “Smart Growth” plan.
The county plan wouldn’t be of any cost to the town but would leave
the town’s growth at the counties discretion. By 2010 all
municipalities must adopt the nine point comprehensive county plan,
but in talking with other towns many have opted to develop their own
plans. Carolyn Esswein and Lawrence Witzling from PDI joined the
discussion and Carolyn Esswein added that having your own plan gives
you much more local control. Esswein stated that currently the State
in only giving grants to multi-jurisdictional entities, so to be
eligible the Town would need to hookup with the counties plan. Larry
Witzling provided a copy of a resolution that Port Washington and
Ozaukee County developed for a grant application to the Wisconsin
Department of Administration for the development of a
multi-jurisdictional comprehensive plan. He added that he could
envision county plans that consist of town plans stitched together,
which would give each town the latitude to incorporate their own
needs. Chair Herman asked if PDI would recommend that we sign the
agreement currently on the table with the county. Witzling response
was the town needs to take a good look at the proposed plan, and come
up with their own list of issues. Chair Herman stated he felt the
Town was giving up their individuality; we are different from many
other communities in the County.
Kevin McKinnon (DLSD) asked about the town’s capacity for water and
sewer for growth. PDI stated that the long term water supply is an
area that needs to be explored. McKinnon added that the Town of
Delavan will need to work with the county regarding zoning
jurisdictions. PDI stated there would be critical differences with
the county zoning plan and the question is, what the town wants.
Otherwise when a landowner advocates a change, you might not have a
valid basis for rejection. If you don’t have your own plan, the
county rules take over.
Carolyn Esswein estimated that if the Town would use Sewer Pak as a
starting point to develop the nine sections for the town plan PDI’s
cost would be approximately $ 10,000 to $ 15,000. If Sewer Pak isn’t
used the cost would be approximately $ 10,000 more. She added their
involvement in creating the document would represent the interests of
the Town.
Adjournment:
Supervisor Hummel made a motion to adjourn with a second from
Supervisor Malsch and the motion passed unanimously.
Chair Herman adjourned the meeting at 8:17 PM.
ATTEST: APPROVED:
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair



















