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July 14, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of July 14, 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, Jay Goethal Treasurer, Shari Wisniewski
Supervisor, Richard Hummel Attorney, Steve Harvey
Supervisor, Larry Malsch Fire Chief, Gerald Edward
Supervisor, Jack Fleming Acting P.W. Foreman, Mike Petkoff
Mechanic, Tom Thiele
Audience: Approximately 5 citizens
Chair Herman called roll and declared a quorum present for doing
business.
Chair Herman introduced Mr. Pittelman from Springsted Incorporated
who addressed the board regarding the awarding of the sale of the Town
notes. Treasurer Wisniewski provided all board members with a copy of
the Award Resolution to be considered by the members in connection
with the $ 2,000,000 General Obligation Promissory Notes. Mr.
Pittleman stated that in order to secure the notes the town was
obligated to get a Moody’s Rating. The rating given the town was A2
which for a town in Wisconsin is as good as it gets. This essentially
means that they have a good feeling about the town’s future. Mr.
Pittelman pointed out that the town secured a loan with a true
interest rate of 3.239% from Bankers Bank out of Madison. He stated
that this is an extremely favorably rate and explained how the rate
was derived. Chair Herman made a motion to dispense with the first
reading of the resolution authorizing the issuance and awarding the
sale of the $ 2,000,000 General Obligation Promissory Note, Series
2004A; providing the form of the notes; and levying a tax in
connection therewith and move on to the second with a second from
Supervisor Fleming and the motion carried unanimously. Chair Herman
made a motion to dispense with the second reading of the resolution
authorizing the issuance and awarding the sale of a $ 2,000,000
General Obligation Promissory Notes, Series 2004A; providing the form
of the notes; and levying a tax in connection therewith with a second
from Supervisor Fleming and the motion carried unanimously.
Communications:
None
Old Business: None
New Business:
1.Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
)aAdministrative Committee
Supervisor Fleming reported that Richard Szczepanski came before the
Administrative Committee for the Town to consider the issuance of a
Combination “Class B”/ Class “B” Liquor license pending a background
check. This license is for the establishment known as Poor Mikes;
2517 N. Shore Dr. The Administrative Committee is recommending that
the town board pass.
Supervisor Fleming stated that the Town Clerk had received an
application for Direct Sellers Permit from Adrian Mora for (2) manual
pushcarts to sell frozen fruit treats on town roads. The
administrative committee had some concerns regarding this and wanted
the Town Board to review. It was determined that the Town Clerk would
ask Mr. Mora to appear before the board at the Tuesday July 20, 2004
Board Meeting to answer questions prior to considering the
application.
Supervisor Fleming reported that the Town received a letter from the
Union regarding the Highway Superintendent position. Their position
was that we shouldn’t create and Fleming’s position is that they have
no authority to stop us and the town should just go ahead and create
the position. Treasurer Wisniewski pointed out that we can’t do that,
not as a working superintendent. Attorney Harvey stated that he would
contact to Mr. Larsen to clarify what his position is.
Harvey presented a draft ordinance eliminating the Administrative
Coordinator position and creating the Highway Superintendent position.
There was discussion regarding eliminating the Administrative
Coordinator and/or the Weed Commissioner and it was determined to
leave the Administrative Coordinator position and eliminate the Weed
Commissioner. Chair Herman stated that the union needs to know what
the highway superintendent is going to do. Clerk Endisch stated that
the information had been provided to them. Supervisor Fleming
reiterated that the Union is not willing to sit down. Supervisor
Malsch stated that we should just go ahead and create the position.
Chair Herman responded that he would like to wait one more month to
crystallize the issue and give the attorney time to work with the
union.
)bEconomic Growth and Development Committee
Supervisor Goethal stated that they will resume their meetings next
month.
)cEmergency Government
Chair Herman stated that this committee needs to meet and asked
Supervisor Fleming if he was going to
start having meetings. Supervisor Fleming stated that he doesn’t
have time to startup this committee. Herman responded that this is a
standing committee of the town and he feels as though he has
distributed and assigning committees fairly. Treasurer Wisniewski
asked if this had ever been an active committee and Supervisor Hummel
stated that not since he has been with the town. Chair Herman asked
if anyone else would be interested in heading up this committee and
there was no response. Chair Herman stated he would table to next
months agenda.
)dFinance Committee
No meeting.
)eFire & Rescue Committee
Supervisor Malsch reported that the Chassis of the new fire truck
would be done by the 1st of August. Malsch has asked Mike Petkoff to
assess the edges of blacktop on station number three as there is a
concern with the weight of the trucks and equipment it breaking down.
Supervisor Hummel asked if this wouldn’t be Frank Bros. responsibility
and Malsch responded no, they had done all the work based on the specs
provided. Supervisor Malsch stated that he has written correspondence
to the Police & Fire Commission and Walworth County regarding the 911
call that wasn’t transferred to our Fire & Rescue Dept. Supervisor
Malsch reminded everyone about the Fire & Rescue Pig Roast to be held
on August 7, 2004.
)fLake Committee
Supervisor Goethal stated that the Wetlands project is being re-bid
as the original bids came in way over the budgeted amount. Chair
Herman added that Hey & Associates have scaled the project way down to
fit the budget. Goethal remarked that many of the items on the
original specs were not necessary or the materials used could be
lessened. Supervisor Goethal asked that the Town Board consider using
funds (approximately $ 30,000) from the Wetland Maintenance Fund to
help defray the cost of an environmental analysis for the Inlet &
Browns Channel dredging project. Treasurer Wisniewski stated that an
additional
$ 15,000 would be added this year to that fund. Goethal added that
using this fund would keep the project way under budget, with a little
buffer for incidental expense.
Supervisor Goethal asked that the two contracts from Liesch
Environmental Services for dredging Browns Channel and the Delavan
Lake Inlet be given town board consideration. Chair Herman stated the
Neil O’Reilly would be doing construction management for no additional
fee.
)gPark & Tourism Committee
Supervisor Hummel stated that the July 3rd celebration at the park
was very successful in spite of the weather, the fire works were touch
& go, but went off as planned and the raffle did quite well, even
though attendance was low.
)hPlan Commission
)iChair Herman reported that the county has advised him that the
appointed members of the Smart Growth Technical Advisory Committee
should be board members so he is recommending that Dean Odling and
Frank Jones be replaced with the chair and co-chair of the Plan
Commission.
)iiChair Herman stated that in 1956 the Town Board had approved a
residential subdivision (Hillmar Subdivision) on un-sewered land.
Herman has been informed that they have gotten county approval to go
ahead but the town has seen nothing in writing. Chair Herman’s
concern is that if we don’t let them go ahead, there could be
potential legal action taken.
)iiiChair Herman remarked that the Plan Commission has been having
discussions with the Delavan Lake Horse Farm & Petting Zoo, 5065 Hwy.
50, regarding a rezone from A-1 and C-2 to B-5 and a conditional use
permit. The plan commission has some reservations about allowing this
and is recommending the town board deny the rezone.
)iPolice Committee
Supervisor Fleming stated the Saskia Lodder is resigning from the
Police & Water Safety Committee and Fleming is recommending the
appointment of John Roberts to the committee.
)jPublic Works Committee
Chair Herman stated that the Public Works Committee is recommending
that the Town Board accept bids for various motors and equipment
advertised for sale.
Chair Herman reported that the Public Works Committee is recommending
we grade certain private roads in accordance with an estimate from
Burdick Trucking for $ 1,250 for grading and $ 1,000 for gravel. This
would be done pursuant to Sec. 81.11 (5) of the Wis. Statutes on a
per-lot basis assessment of cost. Chair Herman added that the Sec.
81.11 (5) doesn’t require owner consent for the work; this would be at
the town’s discretion. Supervisor Fleming asked if this needs to be
bid-out. Supervisor Malsch asked about the six hours of work that was
already done on Bay View Rd. Chair Herman stated the work wouldn’t
fall under the provision of 8.14 and the direction given to P.W. was
to fill intermittent potholes and it is regrettable that it took six
hours to do.
Attorney Harvey explained that Sec. 81.11(5) says that the Town may
tax rather than assess. Treasurer Wisniewski stated that will be
difficult as different parcels have different tax rates. She asked
how you collect. Harvey presented three (3) draft versions of an
Ordinance to either repeal or repeal and recreate section 8.14 of the
Municipal Code relating to the maintenance of private roads.
Supervisor Fleming asked that these be tabled for discussion until he
has a chance to review. Fleming then asked for a five minute recess
at 8:15 PM.
The meeting resumed at 8:25. Supervisor Fleming asked that we wait
thirty days for the board members to review as he feels he doesn’t
have enough information or time to review. Supervisor Goethal stated
that he could be ready to vote by Tuesday night’s board meeting.
Chair Herman stated that he has contacted Mark with Baxter & Woodman
to get a cost per hour to plow the roads. Treasurer Wisniewski
questioned having Baxter & Woodman doing this as this is using public
funds to explore a private issue. Chair Herman responded that the
cost could be assessed back to the people. Supervisor Malsch asked if
the town could plow these roads or could the town be sued by a private
contractor. Supervisor Hummel stated that he has heard that 40 people
or so have already started a law suit. Treasurer Wisniewski stated
she couldn’t understand how they could file a lawsuit to force the
town to do something that it blatantly illegal.
Clerk Endisch asked why Baxter & Woodman would need to come up with a
cost, couldn’t the town figure it out. She added that D.O.T. should
have some numbers on how much it costs to send a truck out and the
hourly wage cost could be calculated by dividing up the wages and
fringes of all P.W. employees and coming up with an average. Chair
Herman asked Clerk Endisch if she would be willing to do this and
Endisch responded that she could calculate the employee portion but it
would make more sense that a P.W. employee calculates the figures for
truck costs. Treasurer Wisniewski asked how we would be assessing,
before or after services are performed.
Chair Herman stated that there would be three separate line items on
the Board Agenda, to repeal Sec. 8.14 of the Municipal Code,
discussion/possible recommendation of grading roads pursuant to Sec.
81.11 (5) and possible action on adoption of recreated Sec 8.14
Maintenance of Private Roads.
)kETZ Committees
No Report
)lAll other recommendations.
Clerk Endisch stated that she received the quotes for both the
officer’s liability/employer acts and the miscellaneous insurance for
buildings, equipments, vehicles etc. The quotes are: $ 20,691.67 & $
84,464 respectively. These should be action items for the town board
agenda. Chair Herman expressed concern about the cost of the
officer’s liability insurance and wondered if we needed this
insurance. Clerk Endisch expressed that she felt that it wasn’t a
good idea to not have the coverage. Attorney Harvey stated that he
would like to review this policy and make sure that the town is
receiving the coverage they need. Clerk Endisch will fax a copy of
last year’s policy.
Chair Herman reported that the crack-filler that the Town has been
loaning to the City through a friendly agreement was returned needing
repairs and cleaning. There was also some issue with usage which has
been resolved. It was determined to send the City a new bill, with a
letter with the bill explaining the costs. Chair Herman volunteered
to handle.
)mComment and suggestions of citizens present.
Ed Brien addressed the board regarding road work in the Highland on
Poplar at the North end that wasn’t included in the bid for the 2004
Road Work Bid. Brien stated that he spoke with Amon, who measured
what needs to be done, which is 18 feet at a cost of $ 129.00. It was
determined that Mike Petkoff should ask Amon to send in a change order
for this additional work on nine town roads and the town will then
approve.
Chair Herman had given all board members a copy of a resolution that
the Town of Linn was adopting regarding the appointment of committee
members to the County Zoning Agency and is asking the Town to adopt a
similar resolution.
Chair Herman asked everyone to review the proposal from
Clifton-Gunderson on the Audit Review and stated she would put this on
T.B. agenda.
Supervisor Goethal stated that the City of Delavan has a budget item
of $ 4,000 for Lake Improvements to be paid to the Town of Delavan,
they town just needs to ask for it. He is waiting to hear from the
city what form the request needs to be in.
Treasurer Wisniewski stated that Jennifer Murray was in court this
month and will be going back at the end of the month for arraignment,
at which time she will be entering a plea. Wisniewski will keep the
board updated.
Gary DeVries stated that as a point of information, his neighbor Hugo
Hammerstrom recently passed away. Hugo lived in the town for seventy
or more years, was town chair for four years and a supervisor for
twelve. DeVries stated that Hugo’s family and a few close friends
would like to purchase a tree and placard to be planted at the park
with the town board’s approval. The Park Committee will address the
issue.
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 9:17 PM.
ATTEST: APPROVED:
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair