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February 11, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of February 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 7:00 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 Mechanic, Tom Thiele
Temp. P.W. Foreman Mike Petkoff
EXCUSED:
Supervisor, Jay Goethal
Audience: Approximately 12 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 stated the Administrative Committee is
recommending accepting the contract for Independent Inspections.
Chair Herman asked how the committee came up with its recommendation.
Fleming responded that the bids weren’t apples and oranges, Joe
Messler’s quote didn’t provide the Town with a specific bid tailored
to the town. He provided copies of the contracts he has with the City
of Delavan and the Town of Darien. The committee unanimously agreed,
after much discussion, they were happy with services of Independent
Inspections.
Supervisor Fleming stated the Administrative Committee is
recommending the approval for the application of a Class “C” Wine
license for Leo B’s Pizzeria.
Supervisor Fleming stated that the Colleen Endisch, Town Clerk has
asked for part-time office help and the Administrative Committee is
recommending letting her hire someone. Chair Herman stated this is
the first he heard of this and asked if this would be temporary or
permanent. Colleen Endisch responded permanent, a minimum of twenty
hours a week. She added that with the vacancy of Gayle Finn, she and
the treasurer Shari Wisniewski have picked up much administrative work
and just the day to day operation of the office with one less person
has resulting in many hours of overtime for the clerk. Chair Herman
asked what we would be paying this employee and Shari Wisniewski
stated unsure, but that the employee would be eligible for Wisconsin
Retirement. It was agreed that based on 1080 hours, $ 15,000 would
be proposed, which would include the Social Security match and
Retirement.
Attorney Wassel reported that there are three establishments in the
town who have had multiple infractions of selling to a minor and is
looking for some direction as to how the board would like to handle.
Wassel stated the board could let it go through the legal system,
municipal court or the board could hear and make the decisions
regarding the retaining of their licenses. Wassel added that all the
hearings could be scheduled for one night. Chair Herman asked about
treating them all the same and Wassel responded that is discretionary.
Supervisor Hummel asked if the offenses were more than one time and
Wassel responded the offences are 1, 2 and 4 occurrences. Wassel state
that in the penalty phase, they would need to look at the history of
the holder and consider the myriad of factors involved. Wassel asked
if would like to schedule this month and Supervisor Hummel stated the
sooner the better. Wassel will schedule and put together the summons
that the Town Clerk will need to file.
)bEconomic Growth and Development Committee
No report.
)cEmergency Government
No Report
)dFinance Committee
No Report.
)eFire & Rescue Committee
Supervisor Hummel stated they opened the bids for the Fire Truck and
will be accepting the bid on February 12th at the Fire Station.
Chair Herman stated that the bid would be accepted pending approval of
the town board next week. The bid amount is $ 600,000.
)fLake Committee
No report.
)gPark & Tourism Committee
Supervisor Malsch reported the Park Committee is recommending
approval for a three year contract for Fireworks with J & M Displays
and the town will be receiving $ 1836 in free fireworks if the amount
is paid in 60 days.
Chair Herman stated that on February 6th he received a summons to
Milwaukee for the Evens vs. DeVries case as the Town Chair to give
evidence in the case. Herman stated that if he is acting on behalf of
the town board he has a concern regarding the implication of the town.
He is asking the board to approve his using Steve Wassel to represent
him. Jack Fleming stated he would disapprove. Supervisor Hummel asked
when he had to attend and Herman responded March 1st. Attorney Wassel
stated that he respects and agrees with Jack Fleming on not involving
the town, but thought the chances of the town staying uninvolved could
be enhanced with his presence representing Marvin. Wassel added that
seeing that CK’s contract indemnifies the town, his position is that
his representation be billed to CK Recreations. Supervisor Hummel
stated he feels the town is already involved based on the little brown
envelope they all received on Monday. Supervisor Malsch stated that
if Attorney Wassel goes along with Chair Herman, it makes it seem as
though the town is involved. Chair Herman stated based on the
comments he would like to wait to vote on the issue until Jay comes
back. Supervisor Hummel stated that Jay would be available at the
Board Meeting by phone and Attorney Wassel stated he needs to be
physically present to vote. Attorney Wassel asked Supervisor Malsch
if he would look at the information from the DeVries he provided him
and Malsch stated it will possibly be on the park agenda.
Chair Herman stated the Park Ad Hoc Committee met and is working on a
RFP to send to various architects and builders.
)hPlan Commission
()1Chair Herman stated the plan commission is recommending the
passage of a CSM for Larry Meyer for property 4647 County “O” North
for a farm separation.
()2Chair Herman stated the plan commission is recommending the rezone
from A-1 to A-2 & C-2 for Tax Parcel # 2400009 owned by Maria & Stan
Odling.
()3Jack Fleming asked about the Highlands settlement, he hadn’t seen
any documentation on it, Colleen Endisch stated she provided all board
members with, Fleming responded he hadn’t gotten a copy. The clerk
will supply Fleming with a copy.
()4Treasurer Shari Wisniewski stated that a local attorney dropped
off documentation regarding a property annexation for Tax ID #
FD3600122, the Gerstad property to be annexed by the Village of
Williams Bay. Mr. Gerstad owns all the property surrounding this
rather small piece and recently acquired this portion and is looking
for annexation for the property. Chair Herman will add to the agenda
for the Town Board Meeting for approval.
)iPolice Committee
The Lions Club is going to meet at the Elks and present three
donations to local organizations, $1000 - Delavan Police, $1000 –
Delavan Rescue and $ 500 – Walworth County Smokehouse.
Supervisor Fleming stated the Police Committee is recommending that
the board consider building the Police Station on the property
currently owned by the Town across from the Park. He stated that
after much discussion it was determined this was the best location.
Chair Herman asked if they got any response from Bernie Kaufman about
the property adjacent to Westshire Farms and Fleming responded no, but
as a committee they decided they would rather have it on the other
site. Supervisor Malsch stated they will need to call in a surveyor
as a second exit will be needed on S. Shore. Chair Herman asked about
outside storage of vehicles, etc., and Supervisor Fleming responded
there will be no outside storage. Supervisor Malsch stated that the
building would be a one level structure on one-side and two on the
other. Chair Herman stated they will need to check the zoning with
Walworth County.
Chief Mayer stated he would like to do a presentation for a
Certificate of Appreciation to Mike Petkoff for his action in
reporting a fire on Wildwood Crt., at the town board meeting.
Attorney Wassel reported that in November of last year Sportsmen Park
reported that an ATV that they were servicing was missing a Serial
Number. Detective Roger Clapper investigated the matter and found
this to be true. Through Clapper’s investigation with both the
manufacturer and the Milwaukee Crime Lab he found that once a serial
number that was done in laser format is removed, the serial number is
untraceable. Attorney Wassel stated this now makes this ATV
contraband and the town has two options. The town will need to notify
the current owner of the ATV that the vehicle will become abandoned
property and the town can option to keep for own usage by advertising
a private sale or destroy. The discussion regarding the various
depts. within the town that could have usage of vehicle occurred.
Chair Herman stated he is recommending that Tom Blackwell be
appointed to fill the vacancy on the Police & Fire Committee.
)jPublic Works Committee
Chair Herman stated the Public Works Committee is recommending
putting out to bid for the purchase of the 2005 International patrol
truck.
Chair Herman stated the Public Works Committee is recommending the
Town solicit bids for the following additional roads: resurfacing of
Lakeview, Almond and Woodlawn; resurfacing of Borg Rd. from N. Shore
to the dead end; seal coat Poplar & Spruce and part of Channel Dr.
which connects them (town road). Chair Herman has asked Baxter &
Woodman to assist them with the road bids and a contract will be drawn
up to do so.
Treasurer Wisniewski asked about Mound Rd., and Chair Herman stated
this road would not be done in 2004, but talks with the City were
ongoing to try to resolve the differences of approaches.
)kETZ Committees
No Report
)lAll other recommendations.
)iSupervisor Malsch if a closed session could be set and Chair Herman
responded that one would be added to February 17th Town Board Meeting
as Executive Closed Session under 19.85 (1)(g) to confer with legal
counsel re: settlement of employee claim. Supervisor Malsch asked if
both settlements were going to be covered and Attorney Wassel
responded he hasn’t heard from the Attorney. Supervisor Malsch stated
he would like to see this settled and Chair Herman instructed Attorney
Wassel to make contact with attorney in case.
)iiChair Herman stated we have had new maps printed and will add the
approval of the maps per Sec. 1.10 of Municipal Code to the agenda.
)iiiChair Herman stated he has received inquiry regarding winter
parking charges and charging for placing an ice shanty on the lake.
Herman stated that DNR prohibits charging.
)ivAttorney Wassel stated he turned the Westshire Farms issue and the
town assessor Keith Munson is asking Westshire Farms to complete some
compliance forms and will reevaluate their status. Wassel and Munson
will keep the town informed.
)mComment and suggestions of citizens present.
)iDolores Nowak asked why the Independent Inspection contract was
opened to bid when the park contract was not. Attorney Wassel
responded that any personal contract does not need to be let out for
bid. Supervisor Fleming stated that Joe Messler came to Chair Herman
asking to submit a bid. Chair Herman responded that when the town
board is happy with a current contractor’s work they wouldn’t be
bidding the work out. Ms. Nowak stated that putting a contract out
for bid doesn’t follow a hard and fast rule. Chair Herman responded
the Administrative Committee makes recommendation to the Town Board.
)iiGeri Holoubek – Park Committee Member stated with the current
chain of events regarding lawsuits being filed against committee
members, she has contacted her insurance agent regarding coverage to
protect her butt against liable suits. Holoubek asked Attorney
Wassel what he felt was the right thing to do. Attorney Wassel
responded, this was a personal decision for her to make, but felt that
if you didn’t act outside of the scope of your authority in the
position you accepted you would minimize the risk of exposure. Wassel
stated the bottom line is to read your policy, but don’t need coverage
as a practical matter. Holoubek stated this would be an Endorsement
or rider added to her policy.
Adjournment:
Supervisor Hummel made a motion to adjourn with a second from
Supervisor Fleming and the motion passed unanimously.
Chair Herman adjourned the meeting at 8:15 PM.
ATTEST: APPROVED:
ag
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair