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February 15, 2006 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of February 15, 2006
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 Fire Chief, Gerald Edwards
Supervisor, Larry Malsch Attorney Wassel
Supervisor, Dolores Nowak
Supervisor Wayne Polzin
EXCUSED:
Treasurer, Shari Wisniewski
Audience: 5
Chair Pelletier declared that a quorum was present for doing
business.
Communications:
None
Comments and Suggestions of citizens present:
None
Old Business:
None
New Business:
1.Administrative Committee
Supervisor Hummel reported Joey Torkelson addressed the committee
regarding the drive-up window she would like to install to serve food,
beer and wine and its relationship to her liquor license. Hummel
stated the committee voted six in favor and one against. Hummel
provided the board members with the handout Ms. Torkelson presented
regarding a device she plans on using to verify ages and gather data
regarding patrons, including having a security camera and lights
focused into the vehicles so that the bartender can view the patrons.
Hummel thought this would give her more control than just someone
walking in and purchasing. Supervisor Nowak added the committee
approved based on these specifications and that Ms. Torkelson reported
that she wants to focus on selling a lot more food. Chair Pelletier
stated he had some reservations regarding that we are demanding more
than her conditional use requires now and maybe we need to have her
amend her conditional use. Chair Pelletier and Supervisor Hummel will
work thru this issue and report back to the board and committee at a
later date.
Supervisor Hummel reported that Matt Miller from Hogan’s Goat also
attended the meeting regarding a fenced in area in the back of his
place and the vote to amend his license was unanimous. The committee
encouraged Mr. Miller to contact county before making any more plans
to find out if they would allow or what their requirements would be.
2.Economic Growth & Development
Supervisor Nowak stated the committee is progressing slowly on their
projects.
3.Emergency Government
No Meeting
4.Finance Committee
Clerk Endisch stated that Treasurer Wisniewski asked her to update
the board that she did bill CK for the damage to the park and has had
no response. It was determined that this issue would be placed on the
agenda to authorize counsel to pursue payment.
5.Fire & Rescue Committee
Supervisor Malsch stated that at last nights Police & Fire Commission
meeting there was an agenda item to accept the resignation of Chief
Edwards at the end of 2006. Malsch stated he wasn’t sure if anything
was done with this.
Malsch reported there were two vendors that did presentations for the
rescue billing, EMS and Life Quest. The committee is recommending
EMS. Larry Lester received a third proposal from another vendor and
the committee was wondering if they had to consider this bid.
Attorney Wassel stated they don’t need to advertise or consider.
Malsch added he would get a contract or agreement with EMS and forward
to Wassel for recommendation. Malsch stated the committee is
reviewing the burning ordinance. Malsch stated the Fire & Rescue
Committee meeting would be moved to March 7, 2006 for next month.
Attorney Wassel addressed the resignation of Fire Chief Edward,
giving the board the background regarding the issue. Chief Edwards
stated he was informed prior to the Commission meeting that his
resignation was an agenda item. Attorney Wassel responded the item
was placed on the agenda at his request based on the resignation that
was tendered in December of 2005. Edwards responded that nothing was
done because the committee didn’t have anything and Edwards can’t
figure out why this was on the agenda. Attorney Wassel responded that
Edwards should have enlightened them should have been more forthright
about the matter, unless he is changing his position. Wassel added
that the Police and Rescue members are working on updating the by-laws
to conform to the state statute which addresses term limits. Wassel
asked Edwards if he wanted the Police & Fire Commission to act on the
letter of resignation at their next meeting and Edwards responded yes,
but that he had a right to be there. Edwards also responded that he
has a right to reapply for the position when open.
Supervisor Polzin stated he presented the Fire Committee with a model
burning ordinance, which covers practice burns which require the
properties to be inspected by a licensed inspector of WI, also in
demolitions, you can’t just knock down a building, need a DNR permit.
Chair Pelletier stated that Chief Edwards is aware of this and that
they don’t need to stop practice burns. Edwards just needs to
paperwork on file. Edwards responded that the owner pays for the
permit and they are responsible to get the certificate. Edwards added
that all these requirements have been met on all burns and
demolitions. Chair Pelletier stated this needs to go back to
committee for a proposal.
6.Lake Committee
Chair Pelletier stated he expects to sign the permits for Brown’s
channel before the next board meeting.
7.Park & Tourism Committee
Supervisor Hummel stated the committee is requesting a new sign for
the park. The committee talked about a digital sign, but in checking
the price was too high, $ 23,000 to $ 25,000. Hummel had an
electrician look at the current sign for repairs, but was told the
sign is in shambles, beyond repair. Hummel has gotten a quote of $
4,700 for a lit 5 ½ x 8 sign. The Committee will be meeting next
month regarding this issue.
8.Plan Commission
Chair Pelletier stated the first public hearing for the proposed
Shodeen development (Jackson Creek) on February 28, 2006 at 7 p.m. at
Community Park.
Chair Pelletier stated he would be attended and representing the town
as the spokesperson at the County Board Hearing regarding the R2A
rezone issue. Chair Pelletier stated he has been working with County
zoning and GIS regarding pulling names, addresses and tax key ID’s
from their database for the rezone. Michael Cotter has agreed they
would devote the resources and at hopefully little or no cost to us.
The County has asked when we would like the public hearings and have
suggested that maybe we should wait until May or June, when the summer
residents are present. The Board decided the hearings should start in
April.
Chair Pelletier stated that Jan Armonda has surveyed the other
municipalities in Walworth County regarding fees charged for rezones,
etc. Pelletier has found there are gaps in the Town’s fee schedule
and if we decide to up the fees the land division ordinance would need
to be revised. Chair Pelletier reported that he has been doing some
investigation into fees in lieu. In checking with Marvin Herman, he
never charged the $ 400 fee for land divisions, which is where the
fees in lieu come from. Pelletier checked with Shari and found the
last time the fees were collected were in 2003 from the High Pointe
project. Pelletier added that Walworth charges $ 600 for their fee.
Pelletier stated this is different than impact fees and he believes
that every CSM should have the charge. Pelletier added the Plan
Commission would be charging going forward.
Attorney Wassel stated the litigation with the Walco Flying Club has
been settled and needs to be an agenda item for board approval.
Attorney Wassel asked Chair Pelletier what he should do with the
complaint from Mr. Schultz regarding Bay Rd and Pelletier responded
the Public Works Committee would handle and that Wassel should forward
a copy of the complaint.
Attorney Wassel stated that he is representing the township’s of
Linn, Richfield and Bloomfield in potential litigation against the
county regarding opting out of county zoning. Wassel explained
individual town’s position and why. Chair Pelletier stated he
understands that in 2009 the town will have another opportunity to opt
out. Attorney Wassel responded he thinks if the towns oppose now,
they will have a fair chance in 2009. Chair Pelletier stated because
of the town’s makeup of shore land zoning, how does the town win.
Attorney Wassel responded that with Shodeen, the town would have the
ability to control put on the town’s own timetable. Chair Pelletier
stated he has been working hard with the county and the county has
been much more cooperative. Pelletier added he is trying to accept
their rules and work with them instead of throwing stones and working
against. Pelletier stated that with a the magnitude of a project like
Shodeen, the town needs to work with the county and if we thumb our
nose, the county could decide to do nothing for Shodeen and the town
would lose the tax benefit from the project while still be responsible
for being the first responder to the project for fire and police. The
Town of Delavan will lose big. Wassel stated that from the
negotiating standpoint covenants can be written to forbid them from
working with the cities.
Chair Pelletier asked the board to review the preliminary site
developer’s agreement that Baxter and Woodman authored between and
town and Lake Prairie Business Park, developer. Pelletier added this
is just the agreement regarding the moving of the street, not the full
developer’s agreement for the parcels. Pelletier asked this be placed
on the agenda for adoption.
9.Police committee
Supervisor Malsch reported the police building should be completed in
the April to May timeframe.
10.Public Works Committee
Chair Pelletier stated that he provided the board with the revision
to the driveway ordinance incorporating the new fees as approve by the
Public Works Committee. Pelletier added he found some discrepancies
on the draft ordinance for the Attorneys office to incorporate.
Supervisors Polzin and Malsch stated they had concerns regarding the
ordinance. Chair Pelletier stated he has spoken with Chief Edwards
regarding what his recommendations are for new or reconstructed
driveways and the town needs to start somewhere on coming up with a
long range solution. He asked what others had as a solution. Chief
Edwards stated the town board should be concerned that they can’t get
emergency vehicles down the driveways and also about the expense for
repairs and insurance every time a truck gets damaged because of
obstacles in the driveways. Chair Pelletier stated with the
controversy regarding this issue, he would schedule a special meeting
to just discuss driveways.
Chair Pelletier reported he provided the board members with a letter
he put together a letter he will send out to 70 to 80 residents on
specific private roads regarding the condition of their roads and the
hazards created to the Town’s employees and equipment. He is looking
for any comments from anyone on the board regarding this letter prior
to him sending.
11.ETZ Committees
Chair Pelletier asked about ETZ, if Elkhorn was the only agreement.
Supervisor Hummel stated yes, that Williams Bay doesn’t exercise.
Pelletier asked about Delavan and it was determined the Town doesn’t
have a copy. Attorney Wassel stated that when the city if rezoning a
property within ETZ they do check with the Town.
12.Other
Supervisor Polzin talked about Shodeen bringing up about the major
improvements on Town Hall Rd. Shodeen is having a traffic study done
and hasn’t gotten back the response from DOT yet. Supervisor Nowak
added that Shodeen would be paying for a portion of the change to the
intersections studied.
Chair Pelletier stated the board had been provided with a copy of the
attorney’s opinion regarding the powers of an annual meeting.
Pelletier stated he found the letter rather confusing; the document
wasn’t what he was hoping for. Supervisor Polzin stated there are
only a few things the residents can mandate the town board to do, most
recommendations are only advisory. One being the Town Board can’t
raise their own salaries. Chair Pelletier stated he would like the
attorney’s office to create a handout for the annual meeting in lay
mans terms about what the residents can do at the meeting.
Chair Pelletier stated they would have a road trip to review 2006
Road Improvement suggestions prior to the Town Board Meeting, February
21, 2006. The Town Board would vote on at the Town Board Meeting.
Adjournment:
Supervisor Nowak made a motion to adjourn with a second from
Supervisor Polzin and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 8:40 PM
ATTEST: APPROVED:
_____________________________ ______________________________
Colleen Endisch, Town Clerk John Pelletier,
Town Chair