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February 9, 2005 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of February 9, 2005 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, Richard Hummel Treasurer, Shari Wisniewski Supervisor, Larry Malsch Police Chief, Andrew Mayer Supervisor, John Pelletier Acting P.W. Foreman, Mike Petkoff Mechanic, Tom Thiele EXCUSED: Supervisor, Jay Goethal Audience: 4 Chair Herman declared a quorum present for doing business. Communications: None Comment and Suggestions of citizens present. Chair Herman reported that he found a box of Town Hall documents dating back as early as the 1840’s in a box being used to prop open a door in the lower level. Herman added that these are documents that should be kept safe and he has contacted Patty Marsicano from the Delavan Historical Society who has agreed to catalogue and document the articles. Chair Herman contacted Walworth State Bank regarding the usage of 2 safety deposit boxes and they will be donating these for a period of one year. Patty Marsicano stated that the documents need to get out of their present situation, her concern being water or fire damage. Ms. Marsicano remarked that these documents not only represent the history of the town, but that of the city. She would like to catalogue, inventory and copy all the documents. Her staff would handle the original documents with white gloves and keep the originals intact. They would copy the documents and have the Clerk keep the copies for the Town’s record. Chair Herman told Ms. Marsicano that she should work with the Town Clerk on accessing the documents. Old Business: None New Business: Reports/discussion/agenda preparation from issues resulting from monthly Committee meetings. )aAdministrative Committee Supervisor Pelletier stated that the Administrative Committee is recommending the Board approve a “Class B”/Class “B” liquor license for T.W. Applegate, subject to the building inspector and fire inspector’s approval and the surrendering of the liquor license from the Wagon Wheel. Attorney Wassel stated that a safe water test should be performed, this had been a problem in the past with this site. It was determined the building inspector should look at. Supervisor Pelletier stated the Administrative Committee approved a picnic license to the Walworth Lakeland Elks for their Beach Party to be held on February 12, 2005. Supervisor Pelletier reported that Carmelita Fazlovic is applying for a “Class B”/Class “B” liquor license for Super Z’s/Starlite Banquets and the clerk has advised that the town cannot revoke the license without cause. Attorney Wassel stated his office has advised the Rosencrans to surrender their license as they are in violation of their liquor license. He added they have ninety days before they need to surrender for lack of premise and on the 91st day, the Town Clerk could issue a summons for same. Supervisor Malsch asked if the liquor license could be pulled for failure to pay their liquor vendors and Attorney Wassel responded no, that this is at the sole discretion of the Town Board, including the subject of change of premise. )bEconomic Growth & Development Committee Chair Herman reported that the EGAD committee wouldn’t be holding any meetings until after the election. )cEmergency Government Chair Herman reported that Jim Hanson provided him with a proposal for a change to the Ordinance regarding the Emergency Management which will need to be repealed and recreated. Attorney Wassel stated he would look over, he saw a few changes that needed to be made. )dFinance Committee No Meeting )eFire & Rescue Committee Supervisor Pelletier stated their were no items for action of the board. Attorney Wassel stated the Fire Dept. has made significant progress on the re-writing of their by-laws. )fLake Committee Supervisor Pelletier referenced the termination of the lease for the Community Park Building with DLSD. Supervisor Pelletier stated that Liesch Environmental has had multiple conversations with Shodeen regarding using the former Grant property for a disposal site for both the Mound Rd. project and the inlet project. Shodeen is considering let us use the land at no charge, but they are asking for the land to be tested, which would cost $ 17,481, with $ 11,017 for sampling and analysis and $ 6,400 for Liesch to manage the project. Pelletier added that the Lake Committee is recommending that we approve this contract. Chair Herman stated this would be advantageous, not having to truck out the spoils. Supervisor Malsch asked if the permits have been pulled with DNR and the County and Supervisor Pelletier responded no. Pelletier reported that the money for this would be taken from the pot of money set aside for these projects. Dolores Nowak stated the samples from the inlet will be done in June as DNR can’t determine until the plants start to grow, which will insure that we are not destroying the natural habitat. Chair Herman asked about the special assessments to the homeowners and Pelletier responded not until the Town knows we have a project. Pelletier added they are considering not dredging all the way to the banks, which could affect the special assessment issue. Supervisor Pelletier stated that Eric Lademann is working on a potential tax abatement program for property owners with shore land Buffers, he has sent his ideas to DNR for their thoughts. Pelletier added that Kevin MacKinnon repeatedly states that once the lake is cleaned up again the biggest problem will be the runoff of the home owner’s lawns. g)Park & Tourism Supervisor Hummel reported they discussed the boat launch issues. The Park Committee would be signing a contract for the July 2nd celebration for a band. The Committee has gotten two different proposals from Brian Olson for the fireworks and the committee will review at their next meeting and make a recommendation. Hummel reported that Jerry Edwards has agreed to do the shoot this year. Attorney Wassel stated the park committee needs to adopt guidelines for the park usage prior to Brian attending the hearing for the conditional use. Wassel added the County is looking to be assured the Town is not going to hold an OZ fest and want to know the number of events to be held on a calendar basis and how many people are estimated for the usage. h)Plan Commission Chair Herman stated he has multiple agenda items. 1.Chair Herman stated he would be placing the Lake Prairie Business Park back on the Town Board agenda because of the two to two defeat last month. Attorney Wassel stated he approached them after the meeting and he urged them to come back and get the town approval prior to going to the county. Supervisor Hummel stated he went out and looked at the property and he can’t see how they are going to use this property as it has a drainage problem. Chair Herman stated that Faye Emerson and the developer have developed a storm water development plan, which met all the requirements of the county. Chair Herman stated this is strictly rezone, changing a few business lots to residential. Supervisor Pelletier stated he still disagrees with this, the developer bought the piece of property as B-2 and now when they find it isn’t economical want to have it changed. Chair Herman will call and rearrange for March. 2.Chair Herman discussed his looking for a replacement on the Plan Commission and stated he was considering Carmen Caparelli and Mark Rhodes. Supervisor Malsch remarked Bill Mularkey was also interested. 3.Chair Herman discussed the recommendation of the Plan Commission to approve the Condo Plat for the Cantibury Project (Stritt), 2027 S. Shore Dr. for the division for two residences on the property. Supervisor Hummel added they wouldn’t be building on the east side of the road. Supervisor Pelletier stated that this kind of development doesn’t meet the spirit of the towns master plan and he feels the Town is setting a precedent for this type of project. 4.Chair Herman discussed the approval of a CSM on the recommendation of the plan commission for the Wagon Wheel - , subject to the compliance of the storm water drainage as outlined in the engineer’s plan. 5.Chair Herman discussed the recommendation of the Plan Commission to approve the rezone from A2 & C2 to B-4 and P-1 for Delavan Lake Animal Park LLC – Hwy 50. This issue was tabled. 6.Chair Herman stated the Plan Commission had discussion regarding the Chateau Condominium (former Mitchell property), 2005 S. Shore Dr., regarding a conditional use permit and Chair Herman stated that their plans seemed consistent with other properties and told John Ryan to proceed in accordance with the conceptual plan. i)Police Committee Supervisor Pelletier reported that Chief Mayer reported that the “No Parking” signs on Blue Gill and Carol Streets aren’t spelled out in Town Ordinance as no parking. It was determined that the ordinance would need to be changed to accommodate the signs. Mike Petkoff should report back regarding the residences, if they all have driveways or not. j)Public Works Committee Chair Herman stated that Public Works Committee agreed to refund the 2002 outstanding driveway bonds (7) to clear the books. Treasurer Wisniewski stated she would refund. Chair Herman reported the Public Works Committee agreed to let the Town hire a temporary employee for the Public Works Dept to bridge the gap of Tracy Landt’s absence. Attorney Wassel remarked that this person would need to part of the union. Clerk Endisch stated she disagreed, she was not sure of past practice, but until that person has 600 hours they wouldn’t need to be covered for benefits i.e. Wisconsin Retirement, Insurance, etc. Mike Petkoff and Tom Thiele stated they hired temporary help previously and the employee wasn’t part of the union. It was determined the Clerk would notify the union of the town’s intention of hiring a temporary crewman and she should include a copy of the newspaper ad. k)ETZ Committees No meeting l)All other recommendations Hellstern didn’t pay taxes for the house on Mabie street. The bill from WE Engergies is for $ 539.29. Wisniewski was told to look at the file to determine who is responsible and act accordingly. Treasurer Wisniewski stated she had a few questions regarding the old review fees. She reported the documents refer to charging 5% as an overhead amount and she is unclear if the 5% is of the total deposited or total used. It was determined the 5% was of the total spent. Treasurer asked about the Bond proceeds for Twin Lakes Development Corp. She stated they have multiple review fees left on account and she recommend to apply to the back taxes for the garages. Treasurer Wisniewski reported she applied to the State of Wisconsin for old Trip Grant monies that occurred way before her time and DOT sent a $ 13,500 check which will be applied toward the S. Shore Drive project. Treasurer Wisniewski stated the amount billed to Westshire Farms was $ 62,135.85 based on a CPI of 2.3% and as of the meeting date, still hadn’t received payment. Chair Herman asked the Board members if they had reviewed the Clifton-Gunderson report and was looking for input on how to proceed with the information. He also asked if the Board would OK the paying of the bill for their services and all agreed to pay. After much discussion it was determined the Finance Committee would meet and discuss how to implement the suggestions of the report and then meet individually with each member audited to determine the feasibility of changing the current practices/procedures. Chair Herman stated that Clair Law Offices provided him with documentation back to 1983 which shows that Blue Gill Rd. is a private road. Chair Herman stated that Baxter and Woodman stated this road was included in the road aids, which makes it a public road. Attorney Wassel stated the Town has done substantial improvements to this road, including plowing, it has been treated as a public road. Chair Herman remarked that if this is a town road the town can control the access, if it is a private road we lose that ability. Attorney Wassel stated he is still working with DNR on this issue. Chair Herman stated at 8:30 PM that there would be a five minute break prior to going into closed session. Chair Herman made a motion to go into executive closed session under 19.85 (1) (g) to confer with counsel re: litigation strategy re: potential Mound Rd. Wetland litigation, including legal representation with a second from Supervisor Hummel and the motion carried unanimously. a.Discussion/possible action regarding issues discussed. Chair Herman made a motion to retain Raymond M Roder to represent the Town in the matter with the Attorney Generals Office and to waive any conflict of interest between the Town and Attorney Wassel’s office, with Supervisor Pelletier seconded the motion. The motion passed three to one, with Chair Herman, Supervisor Pelletier and Hummel voting in favor and Supervisor Malsch voting against. Let the record reflect that Supervisor Goethal was absent. Supervisor Pelletier made a motion to continue closed session under 19.85 (1) (e) deliberating and conducting union negotiations whenever competitive or bargaining reasons required a closed session with a second from Supervisor Hummel and the motion carried unanimously. a.Discussion/possible action regarding issues discussed. Supervisor Malsch made a motion to go out of executive closed session with a second from Supervisor Hummel and the motion carried unanimously. Adjournment: Supervisor Malsch made a motion to adjourn with a second from Supervisor Pelletier and the motion passed unanimously. Chair Herman adjourned the meeting at 9:40 PM. ATTEST: APPROVED: _____________________________ ______________________________ Colleen Endisch, Town Clerk Marvin Herman, Town Chair