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June 14, 2006 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of June 14, 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, Larry Malsch Treasurer, Shari Wisniewski
Supervisor, Dolores Nowak
Supervisor, Bill Endisch
EXCUSED:
Wayne Polzin
Audience: 3 persons
Chair Pelletier declared that a quorum was present for doing
business.
Communications:
None
Comments and Suggestions of citizens present:
Supervisor Malsch stated he had a few questions regarding the
information that was given to Supervisor Polzin regarding Westshire.
Malsch asked to be provided with copies of the documents that Polzin
was provided regarding Westshire’s qualification and tax exempt
status. Supervisor Nowak stated she asked for the same information at
the last work meeting and will be obtaining the documents for the next
Administrative Committee Meeting. Attorney Wassel stated that Polzin,
Keith Munson and he had met at Wassel’s office. Munson offered Polzin
his entire file and Polzin took a photocopy of one document; Munson
explained to Polzin about benevolent organizations and how Westshire
qualifies for the status. Polzin stated when he was leaving that he
still doesn’t agree. Supervisor Endisch stated he understands that a
bill to take away the exemption was up in the Assembly and Senate and
failed in both houses. Malsch stated that information that Polzin was
referring to in his letters to the editor had some quotes from some
source. Supervisor Nowak stated the Administrative Committee would
have addressed in June, but with all the liquor licenses, she decided
to table until schedule in July. Nowak added she has received
information from Treasurer Wisniewski regarding fees and the like.
Malsch asked if the committee was going to respond to Polzin regarding
the verifying the number of units, etc. Wisniewski responded the
number of units is based on occupancy permits, as issued by the
building inspector and they have full-occupancy as of 2006.
Old Business:
None
New Business:
1.Administrative Committee
Supervisor Nowak stated that June is the month for the
approval for liquor licenses. Attorney Wassel
asked if there were any issues with any of the licenses and
Clerk Endisch reported the Inn Between still
owes some interest to the county and she is aware this needs
to be paid by the board meeting. Attorney
Wassel remarked that the town needs to give the bar the
opportunity for a hearing and the board
shouldn’t wait to notify of same. He added the town needs to
give them the right to due
process; need a five business day notice if not paid by the
board meeting night. He said we had two
options; table and wait and grant at a special meeting to
grant or deny; or grant but not issue. Chair
Pelletier asked if they really have until the current license
expire; Wassel responded they would retain
their old license until the end of June but a determination
needs to be made prior for the bar to remain
open after June 30th. Liquor Licenses approval should be on
the agenda. Pelletier asked if all
applications needed to be approved by name and Wassel said no,
approval by class.
Supervisor Nowak reported the Administrative Committee unanimously
recommended the approval for a new contract with Independent
Inspection. Nowak remarked the current contract didn’t have an
expiration date; just a sixty day notice on either side. The issue of
the building inspector came up when Independent Inspections came to
the town for fee adjustments and an offer to change the split of
compensation from 90/10 to 70/30. Nowak added the contract language
still has no initial term, indefinite unless noticed. Nowak remarked
the Town didn’t advertise for bids, but Mr. Messler contacted the town
regarding his interest in bidding on the contract. Mr. Messler
provided three different versions of a proposal which the committee
reviewed and did decide unanimously to recommend Independent
Inspections. Nowak added that Independent Inspections have already
signed the proposed contract and this contract does not need to be put
out for bid, similar to the Town Attorney. The recommendation for the
Building Inspector Contract will be an agenda item.
Nowak stated the assessor’s contract does expire at the end of the
year and Mr. Munson will get the committee his proposal. Treasurer
Wisniewski stated she spoke with Mr. Munson and he will be asking for
a per unit charge over a certain amount of units because of the extra
work the excessive development will bring. Nowak added she did get a
flyer from someone else regarding an assessor, which she will follow
up with.
Chair Pelletier asked about the Board of Review. Clerk Endisch
responded it is scheduled for 9 a.m. on June 22, 2006. Endisch stated
she has two parties that made appointments for the Board of Review;
but neither has filed their objection forms yet.
2.Economic Growth & Development
Supervisor Nowak stated the committee is still crunching to get the
calendar done. Nothing for the
agenda.
3.Emergency Government
Supervisor Malsch said he spoke with Jim Hanson at the open house
regarding some requirement that he needs a form filled out for and
returned by September 17, 2006, Malsch will follow up on.
4.Finance Committee
No Meeting
5.Fire & Rescue Committee
Supervisor Nowak stated she has no agenda item. The committee is
working on the EMS fees and agreement, which they are pretty close on
completing. She is scheduling a special meeting with the billing
people, the committee and Shari to work out the payment situation.
Pelletier asked if the town needed to give public notice or a hearing
and Wassel responded no. Nowak thought they would like to start
August 1, 2006 and the ordinance needs to be approved prior to signing
the contract. She added there is reference all over the document to
the Delavan Fire & Rescue Dept., and she would like to see that
changed to the Town of Delavan. This would be in referencing the
collection of funds; she wants to make sure the language is clear so
that future boards would know what the intent is.
Attorney Wassel stated he received a call from Tom Brauer, chair of
the Police & Fire Commission. Brauer had received a certified letter
from the Fire Committee (Membership) regarding changing the by-laws to
tender the resignation of the fire chief. Wassel stated he wasn’t
sure what subcommittee is working on this; but he felt this wasn’t the
Commission job to approve. Supervisor Nowak stated she also received
a certified letter, as it was sent to all committee members and she
will refer this to Supervisor Polzin for the July agenda. Wassel
stated this is a political tar baby in the Fire Dept. Nowak asked if
she could see a copy of the old by-laws; Wassel responded they are on
parchment paper. Nowak thought the Fire & Rescue Committee would need
to schedule a special meeting to discuss.
Supervisor Nowak reported the charging for fire calls was also
brought up at committee. The committee felt they should be charging
for accidents. Attorney Wassel responded this isn’t as easy as it
sounds because of the state highways. Wassel added the town has
received some compensation from when citations have been issued for
grass or rubbish fires, etc. Wassel stated he felt this would
difficult to come up with a number to charge. Nowak responded she
spoke to quite a few other municipalities and the Town of Delavan was
one of the only ones not charging. She said the normal fee is $ 500
to $ 750; most insurance policies have the coverage for this imbedded
in. Supervisor Malsch stated this becomes difficult when you have
mutual aid; if two are responded only one can charge, how would we
handle that situation.
6.Lake Committee.
Chair Pelletier reported there is a problem with the Brown’s Channel
Conditional Use Permit; the Town of Walworth denied the use of Dick
Brown’s land in Walworth. Pelletier stated the town could go back and
petition again as it was a one-one vote, as one board member was
absent. The Village President was adamant she didn’t want the spoils
there. Pelletier reported he does have an alternate site, across the
street which is in the Town of Delavan (Shodeen property). Pelletier
stated he withdrew the permit application from the county and the
county stated the town wouldn’t have to pay for the permit again; just
reapply with the new site. Pelletier stated the plans would need to
be reengineered for the application for the county. This would
probably be an August agenda item. Pelletier asked if this item needs
to be approved by the Plan Commission or if the Town Board could
approve, Wassel stated they would need a special plan commission
meeting.
Treasurer Wisniewski asked about the Mound Rd. project. Pelletier
responded they did get a permit and Liesch is working on putting it
out for bid.
7.Park & Tourism Committee
Supervisor Endisch brought up that there was a tie vote at the last
meeting regarding the park contractor selling ice. Endisch stated the
contractor does not want to do this to make money, but as a service to
the fisherman who want to throw ice on the fish they caught
immediately, without leaving the park. Pelletier remarked he thought
this was a weak item and he disagrees that ice should be sold.
Pelletier asked Endisch what else is the park contractor going to ask
for and Endisch responded nothing. Pelletier replied that is what you
say today. Supervisor Nowak stated when she worked Clean Boats/Clean
Waters she continually heard people complaining they needed to leave
the park to get ice; she thinks it is a convenience the Town could
provide. Pelletier responded he disagrees. He asked if there were
two other votes that would ask this to be placed back on the agenda
and Supervisors Nowak and Malsch responded they both would ask to have
it be an agenda item.
Supervisor Endisch asked Attorney Wassel about fees in lieu. He
asked if the town needed to use the funds up, with the new legislation
that was signed into effect. Wassel said he would look at and let
Endisch know.
Supervisor Endisch provided the board with a mock-up sign, showing
the regulations for the park. The cost of the sign would be $ 1,100,
which the park committee is recommending for approval. Attorney
Wassel stated Endisch would need to check if the county requires a
permit; how far back from the road is the sign, etc. Endisch will
contact Nancy Welch. Endisch asked this item added to the T.B.
agenda, to purchase the sign with payment coming from fees in lieu.
Endisch stated he has been talking with DNR about a grant for the
pier additions. Endisch stated that August of 2005 the 3rd pier was
approved; a grant application had been filed and denied for the lack
of information on and with the grant application form. Since that
time, it has been determined in talking with many sources that
extension of the piers, rather than a third pier is a better option,
to keep the loading and unloading process more accessible. Attorney
Wassel asked why the Town needs approval if applying for a grant.
Endisch stated that talking with Pam Schense to apply for the grant, a
request for exemption along with a bid and design of what will happen
is needed. Endisch described the extensions as a floating pier, with
a hinged ramp. Endisch will need to send the grant application to
Madison and if approved 60-80% of the cost would be recovered with the
grant. Pelletier asked if the committee contacted Tom Mohr for an
estimate and Endisch responded that Dick Brown is out getting multiple
quotes, but Endisch is only looking for approval for appropriation so
that he can apply for the grant.
Endisch stated that in talking with Tom Blotz – DNR Grant Dept.., Mr.
Blotz stated there would be grants available to pave the parking lot
as long as it was pitched away from the lake. Endisch would be
getting some quotes to figure out the approximate cost and asked if
this item could be placed on the agenda for consideration. Treasurer
Wisniewski asked where the funds would come from and Endisch responded
possibly surplus. Pelletier responded he isn’t very excited about
doing this with surplus funds and asked when does the Town Board say
no to the park wishes.
Endisch stated the Town also needs to apply for a grant for Clean
Boats/Clean Waters. Supervisor Nowak stated that last year she talked
to Dick Hummel about the program and how she thought it should
outreach to the whole lake; there are a lot of other areas that
outsiders come in. She recommends the program go to the home
associations, etc. to educate them. Attorney Wassel remarked the
original thought was the residents that live on the lake would be more
cognizant of what they put in the water. Nowak responded but for
instance in the Highlands, their boat launch is used for friends and
family members, which wouldn’t be educated. Nowak added if the plan
is to be extended it needs to be stated on the grant application.
Endisch reported that DNR released new fees for the Boat Launch,
effective 1/1/06 and the committee is recommending to raise the fees
effective July 1, 2006. Endisch asked the board if they thought the
fee should be raised to the maximum or raise ½ of the increase this
year and make the other ½ effective in 2007. The board members
thought the fees should be raised to the maximum. Endisch asked an
agenda item to apply to DNR to process the application to increase the
fees.
Endisch reported that in talking with Reeds Marine regarding the EGAD
calendar and donations for the 4th of July, Reeds asked if they could
park a boat on Town Property in honor of their 50th year anniversary.
Endisch did turn them down, but he also had other business’s asking if
they could advertise on a message board – Endisch stated the committee
will be looking at whether it is feasible to sell advertising, but not
until next year. Wassel remarked the City has been doing that for
years.
Endisch reported some of the positives about the park are that
residents are swimming in the public beach area and Gary DeVries’s
Fishing Derby was a great success. Twenty-six children participated
in the program. Endisch reported the trees that were approved last
month will be planted in the fall; they are talking with multiple
arborists regarding which types of trees to plant.
Supervisor Malsch stated he had some residents remarking on how good
the park looks, cleanliness, etc.
8.Plan Commission
Chair Pelletier reported that Esquire Lounge is requested a rezone
from R 2 to B2; when they applied for the conditional use permit to
build the deck, it was determined that ½ of the building was zone R2
and the other ½ B2. The Plan Commission unanimously recommended the
requesting of the rezone. This is an agenda item.
9.Police Committee
Malsch reported no agenda item; reported there was a nice
turnout for the open house on Saturday.
10.Public Works Committee
Chair Pelletier stated an agenda item is needed for the approval of
the Frank Brothers bid for the 2006 road work. Pelletier talked about
how to appropriate the $ 250,000 budget. His recommendation was to
use the $ 209,000 and pay the $ 50,000 payment to the city. Treasurer
Wisniewski stated she had a concern about Frank Brothers doing the
work. Supervisor Malsch stated he also had an issue with it; quality
of work. Chair Pelletier said can we reject the low bid; why do we
bid out then. Pelletier added that Baxter & Woodman would be
overseeing the project; Wisniewski replied that when the town had
issues with the work, Baxter and Woodman were not overseeing the
project. Chair Pelletier stated he would talk to Mark about having
more oversight on the project. Clerk Endisch asked how much the bid
was for; Pelletier stated he would give her the figure.
Pelletier would like two agenda items: $ 30,000 from equipment
replacement for a used backhoe/loader and $ 10,000 for a woods rotary
mower.
Pelletier reported about the storage shed replacement, which has been
condemned by the State. He has spoken to Nancy Welch regarding the
replacement and Mike has done a preliminary drawing – 130 X 136 6 bay
pole barn, with a ten foot high concrete wall in the center to store
salt in. Pelletier has spoken with Kopecky and he didn’t see a need
for a professional drawing. Kopecky said the town should talk to a
pole barn builder. Treasurer Wisniewski asked about this project and
the design building contracts; what is required by law. She thought
if a project exceeds $ 50,000 that would be an issue. Pelletier
stated the building would be moved in two feet; the Town would be
storing their salt for 2006 in the Town of Geneva as he doesn’t see
this being done this year.
Attorney Wassel stated that when the proposal came about Dr. Thomas’s
driveway, it occurred to him in the analysis that there are residents
in the town that won’t be able meet the town’s current code. With a
twenty-four foot clearance as required, there are driveways with stone
pillars twenty feet apart that won’t fit the bill. Wassel stated the
town needed a procedure for the highway dept. to grant a variance, by
appealing to the town board. They would need to appeal for a
variance. Chair Pelletier asked if the ordinance could be changed;
where reference to highway dept. is changed to public works. Clerk
Endisch stated she would change. This needs to be an agenda item.
11.ETZ Committees
Didn’t meet.
12.Other
Attorney Wassel stated the state statute has changed for the
processing of drug paraphernalia. He stated his office will create an
ordinance regarding the prohibiting of drug paraphernalia. This needs
to be an agenda item.
Attorney Wassel updated the board regard a request from the
Delavan/Darien School District concerning changing the boundary lines
with the Elkhorn School District. Wassel stated this will have impact
on the town unless the town considers incorporating and how having two
different school districts fall into that. They are working try to
verify the legal description of the property in question. Clerk
Endisch stated that Dave Patzelt sent an e-mail regarding this issue,
which answers many of their questions.
Attorney Wassel ported he has been in contact with Mr. Grant’s
attorney and he is looking for authority to get it settled. If he
gets something more from the Attorney he will ask to be added to the
agenda.
Wassel stated that at some point there needs to be a closed session
regarding Neil Reilly damages. The town will need to hire an expert
from another engineering firm. He stated the board needs to brain
storm what they want to do.
Supervisor Malsch asked about settling with CK – Attorney Wassel
stated he has seen a copy of the check and the agreement but the town
has never been paid.
Adjournment:
Supervisor Malsch made a motion to adjourn with a second from
Supervisor Nowak and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 8:20 PM
ATTEST: APPROVED:
_____________________________ ______________________________
Colleen Endisch, Town Clerk John Pelletier,
Town Chair