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January 11, 2005 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of January 11, 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 Fire Chief Gerald Edwards Supervisor, Jay Goethal Acting P.W. Foreman, Mike Petkoff Mechanic, Tom Thiele Audience: 5 Chair Herman declared a quorum present for doing business. Communications: None Comment and Suggestions of citizens present. Dolores Nowak stated that she is looking for permission to use the Community Center for a Meet the Candidates session on January 30th, 2005. Chair Herman responded that he was going to report on this later, regarding a candidate’s night that he was arranging for March 29th. Ms. Nowak stated her purpose of this session would be for the citizens to ask questions of all the candidates, used as an informational session with an open format that the public would feel free to have their concerns and questions answered. Ms. Nowak remarked that it is important that a candidate’s night be held prior to the primary. Clerk Endisch reported that she had been contacted by Betty from Westshire Farms, who would like to have an informal debate at Westshire. Chair Herman stated that two years ago he participated in a debate at Westshire and he found it quite messy. Chair Herman reported that he asked Judge Thompson to moderate the March 29th Candidates Forum and Judge Thompson agreed to do. Chair Herman read the letter he received from Judge Thompson and in the letter the Judge asked that Chair Herman ask the candidates if they objected to his moderating this session. Supervisor Malsch asked how the questions were going to be compiled. Chair Herman stated that he provided the topics to Judge Thompson and the Judge would formulate the six sealed questions from nine topics. Chair Herman stated that the questions would be for the candidates for Town Chair, the other candidates for Supervisor and Treasurer would have an opportunity for five to seven minutes to tell about themselves, with a limited amount of time to receive questions. Herman stated the topics he has identified are: Farmland Development, Water Quality, P.W. Projects, management of Community Park and boat launch, need for a Town Administrator, Private Roads, three most important responsibilities as a Town Chair, Incorporation (Village) and Smart Growth. It was determined that Chair Herman send a copy of his response to Judge Thompson to all candidates, with a note to contact the Judge if they have any additional topics. Attorney Wassel stated he could think of two more, infrastructure and county zoning. Rex Henke from BZA (Building, Zoning and Assessment Consultants, LLC) addressed the board regarding the cost and practicality of opting out of county zoning. Mr. Henke stated that his business does the review and administration of permits, providing customer service and assistance through the permit process, enforcement of zoning code provisions and would have staff available for same. They do mid-level zoning and would work with our existing building inspector, provide a turn-key operation including logging and tracking all permits. This would be at no cost to the town, 10% would be given back to the municipality based on the cost of the permit process. BZA has nineteen full-time employees, four in the zoning business and services Sharon, Walworth and Fontana. Chair Herman asked Mr. Henke if the staff person would be located in the municipality or at their business and Mr. Henke responded that all work would be done in the municipality. Chair Herman asked if Baxter & Woodman will still be doing the reviews and Mr. Henke said yes. Mr. Henke stated that BZA charges 2003 Walworth County Fees. Chair Herman asked about a Board of Adjustment and Mr. Henke stated that a three person board of appeals would need to be appointed. There was much discussion back and forth regarding BZA services. Treasurer Wisniewski asked about the Town’s liability as far as insurance. Mr. Henke responded that his firm carries 1M-2M Liability and Professional Liability Insurance. Chair Herman asked if he should schedule Independent Inspections to come in and do a presentation as part of the gathering information process. Supervisor Malsch thought that was a bit premature and Attorney Wassel stated he thought it was a good idea of being pro-active rather than reactive. Chair Herman stated that the dates to opt out of 1/31 have been changed and it has not been determined what the new date is. It was determined that Chair Herman would invite Loren Waite – Sugar Creek and Dave Bollweg – Linn before the February Work Meeting. Mr. Waite is strongly opposed to opting out of county zoning and Mr. Bollweg is opting out of both regular and shore-land zoning. Old Business: None New Business: Reports/discussion/agenda preparation from issues resulting from monthly Committee meetings. )aAdministrative Committee Supervisor Pelletier gave a brief update on the Union negotiations. )bEconomic Growth & Development Committee Supervisor Goethal stated that the committee is planning a dinner or lunch at a cost from $ 9.50 to $11.00 and would like to charge the invitees $ 6.00. Attorney Wassel asked who could attend. Goethal responded it is an open meeting. Attorney Wassel suggested that donations should be obtained from businesses to sponsor the event, that using town funds for this purpose is inappropriate. )cEmergency Government No Meeting )dFinance Committee No Meeting )eFire & Rescue Committee Supervisor Malsch stated he was informed that the new truck is possibly three inches taller than it should be. Chief Edwards stated that the company building the fire truck will modify the doors to retrofit the truck and he wouldn’t authorize payment unless the truck fits in the building. Chair Herman instructed Chief Edwards to write a letter to the truck builder and put the agreement in writing. Supervisor Malsch mentioned an issue with snow plowing at the Fire Station and Chair Herman stated that Mike Petkoff and Jerry Edwards would work that out between them. )fLake Committee Supervisor Goethal stated that the approval of $ 5,000 for the engineering services for the outlet should have been $ 8,000. Chair Herman will add to the agenda for an additional $ 3,000. Chair Herman stated that the Animal Slurry issue would be addressed in closed session. Supervisor Malsch questioned when the board was going to discuss the letter from DNR. Chair Herman stated would be discussed in closed session. Supervisor Malsch asked why, because it wasn’t litigation and Attorney Wassel stated it was. g)Park & Tourism Attorney Wassel stated that he and Supervisor Hummel are still working on the language for the commercial use of the park. Chair Herman stated that the county feels that the conditional use for the park would need to be adjusted. h)Plan Commission Chair Herman stated he has multiple agenda items. 1.Dean Odling has resigned as a member of the Plan Commission and he doesn’t have a recommendation for a replacement as of yet. Chair Herman is encouraging citizens that are committed, capable and dedicated to come forth to fill this vacancy. 2.Chair Herman discussed the recommendation of the Plan Commission to approve certified survey map for Robert Bottala – FLAD287, 250 feet north of S. Shore Dr. on Lake Ave. and E. End. Dolores Nowak stated that the Highlands Board can’t give away 15 feet without the permission of the members. Ms. Nowak would discuss with Ed Brien prior to Tuesday’s Board Meeting. 3.Chair Herman discussed the recommendation of the Plan Commission to approve engineering drawings and a condo plat for the Windward Hills Condominiums at 2950-3020 N. Shore Dr, subject to finalizing the developer agreement. Supervisor Pelletier asked if he didn’t agree with the development of this project, would this be the time to vote no. Chair Herman stated yes. 4.Chair Herman stated the Plan Commission is recommending approving the CSM for Jerry A Mather Trust, County Trunk “F” South (Hugo Hammerstrom property). 5.Chair Herman stated that the Plan Commission has recommended to grant a rezone from A-2 to C-2 for Greg & Denise Cook, 7242 S & D Townline Rd. 6.Chair Herman stated that the Plan Commission is recommending approving rezone from B-2 to R-5 on lots 12, 13, 14, 15 & 16 (11.29 acres) Lake Prairie Business Park (Dover Development). Supervisor Pelletier asked if this was in the Grand Plan of the Town. Chair Herman responded that the Plan Commission has the authority to approve something outside of the plan. Supervisor Hummel asked what the nature of the proposed development was. Chair Herman stated there would be ninety-six units of residential. Supervisor Pelletier asked why have a plan then, maybe the plan should be scraped. Chair Herman stated the plan was developed to establish guideline to achieve reasonable development, but it was never meant to be a rigid document. Attorney Wassel stated that if the owner of a property can’t use the land based on zoning, then the land would end up being condemned. Supervisor Pelletier stated that should be the developer’s problem. Chair Herman responded that the Plan Commission would like to see this property developed as it will help them develop the zoned business portion. 7.Treasurer Wisniewski asked about old Fees on Deposit that she was holding. Chair Herman told Ms. Wisniewski that she should submit to Mark and he would tell her which ones to refund. i)Police Committee Supervisor Malsch stated the Police Department is going to hold informational meetings at Town Hall on February 7th & 8th regarding the necessity of a new police station. Attorney Wassel asked if the town clerk provided the board members with a copy of the referendum and she replied no, but would do so. j)Public Works Committee Chair Herman stated that Public Works Committee opened the bid for a new basket truck and the committee is recommending that the town board accept the bid of $ 63,800 from Dueco for a 2005 Demonstrator SD221 (4 X 2 Ford 550 chassis aerial truck. Mechanic Tom Thiele stated that Williams would give a quote on buying the old truck. k)ETZ Committees No meeting l)All other recommendations Chair Herman reported that he and the town clerk had received three inquiries regarding Blue Gill Rd from Robert Murphy. Chair Herman stated that Mr. Buzzell’s daughters have been in touch with himself and the treasurer regarding the snow plow and maintenance charges of $ 600 on the property on Quiet and Babcock Lanes. Attorney Wassel remarked that by statutes this property is a management forest property and cannot be levied and these charges would need to spread against all other properties on private roads. Chair Herman stated at 9:20 PM that there would be a five minute break prior to going into closed session. Supervisor Goethal made a motion to go into executive closed session under 19.85 (1) (c) considering employment or performance evaluation data of public employees with a second from Supervisor Malsch and the motion carried unanimously. a.Discussion/possible action regarding issues discussed. Supervisor Goethal made a motion to go into executive closed session under 19.85 (1) (g) to confer with counsel re: litigation strategy advice with a second from Supervisor Malsch and the motion carried unanimously. a.Discussion/possible action regarding issues discussed. Supervisor Hummel made a motion to go out of executive closed session with a second from Supervisor Malsch 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 10:08 PM. ATTEST: APPROVED: _____________________________ ______________________________ Colleen Endisch, Town Clerk Marvin Herman, Town Chair