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March 10, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of March 10, 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, Jack Fleming Treasurer, Shari Wisniewski
Supervisor, Richard Hummel Police Chief, Andrew Mayer
Supervisor, Larry Malsch Fire Chief, Gerald Edwards
Supervisor, Jay Goethal Mechanic, Tom Thiele
Acting P.W. Foreman, Mike Petkoff
Audience: Approximately 15 citizens
Chair Herman called roll and declared a quorum present for doing
business.
Communications:
None
Old Business: None
New Business:
Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
)aAdministrative Committee
Supervisor Fleming reported that the Administrative Committee had
approved the adoption of having all Elected Officials, Appointed
Officials and Appointed Committee Members sign the Code of Ethics Sec.
1.08 of the Town of Delavan Municipal Code. Colleen Endisch, Town
Clerk had provided all Administrative Committee Members and Town Board
Members with this document, along with a detailed document regarding
Open Meeting Law. Endisch stated she would have the documents ready
for the next cycle of meetings. Attorney Wassel asked if all
committee members had taken the oath of office, Endisch responded no.
Clerk Endisch will attend all committee meetings for the next cycle to
administer oaths of office. Endisch further added that each committee
chair would be provided with a packet for each committee member and
themselves, which the members should read, and have each member sign
the Code of Ethics, return to Chair of Committee and return to the
Clerk. Clerk will copy and return a copy to each Committee Member for
their records.
Supervisor Fleming stated that the Administrative Committee would be
recommending to accept the Blue Cross/Blue Shield renewal, which
reflects a 13.22% increase. Fleming asked that this be place on the
agenda for approval.
Supervisor Fleming stated that the committee would be recommending to
adopt the Section 125 plan, which he asked the Town Clerk to explain.
Clerk Endisch stated that the Union Contract for the Police Dept. has
a line item for the adoption of a section 125 plan, which was never
enforced. Some of the Police Officers have asked to option this plan.
The Town has picked an Administrator E-Flex Group, but there is
significant administrative costs attached. The initial cost is $
195.00 setup fee, an Annual Compliance & Discrimination Testing Fee of
$300.00 and a
$ 3.95 per employee per month charge with a minimum of $ 50.00.
Clerk Endisch stated that we would be opening the plan to the Police
Secretary and the Town Clerk, as no additional expense would be added.
Endisch explained that this is something we could negotiate into the
P.W. Contract if we wanted to, at no additional expense.
Supervisor Fleming stated that the Town Clerk had asked the
Administrative Committee to sign-off on missing minutes from T.B. and
T.B. Work meetings from the prior clerk. Supervisor Fleming asked
Board members that if they had minutes from these meeting if they
could provide the clerk with them. Endisch explained that she hasn’t
found these minutes stored on any computer or hard copies of them
anywhere. Endisch also knows that many committee minutes are missing,
but hasn’t compiled the list yet. Atty. Wassel asked the clerk if she
had contacted the previous clerk and Endisch responded no. Fleming
stated when the list is formalized, he would recommend that all Board
Members sign-off on the list.
Supervisor Fleming stated that after the T.B. Meeting of last month,
he asked the Building Inspector to give us a Room Capacity for Town
Hall. It has been determined that the room capacity is 60. Fleming
added that maybe we can only allow the capacity on a first come, first
serve basis. Atty. Wassel stated that by the Open Meeting Law that
wouldn’t be possible, but could potentially need to move to a larger
location. The idea was dismissed of broadcasting the meeting outside
or another area. Chair Herman stated that if any board member or
citizen felt that a meeting would have a large draw, if they could be
notify him and the meeting could be posted as such.
)bEconomic Growth and Development Committee
Supervisor Goethal reported that the committee has sent out
invitations to 120 local businesses for an informal business meeting
at the Village for April 13, 2004 from 11:30 to 1:30. The committee
estimates that 30 to 40 businesses show up and the agenda will just be
an open forum. Goethal stated the cost will be in the $ 10-$ 15 range
per person. Goethal stated the committee could envision this being an
annual affair. Goethal also stated that they have been working on
their mission statement.
)cEmergency Government
No Report
)dFinance Committee
No Report.
)eFire & Rescue Committee
No Report
)fLake Committee
Supervisor Goethal stated that the Grant Farm has been identified as
the disposal site for the wetland project and the project would be
coming in under budget. The Brown’s Channel project needs approval
from the DNR. There are two parts of project, the tributary and the
dredging. Liesch Enviromental & Hey Assoc. would be involved and
Federal, State and County have a lot of grants available. Liesch has
provided a quote on Inlet and will now provide a quote for the
Channel. The cost will be approximately $ 10,000 to determine the
cost of both Brown’s Channel and the Inlet. Supervisor Goethal asked
if the funds would come out of the Lake Project Fund and Treasurer
Wisniewski responded yes. Chair Herman asked if this is still funded
by the Room Tax Fund and Wisniewski responded yes.
Treasurer Wisniewski asked Supervisor Goethal about Piers, stating
that the office gets a lot of calls regarding piers. Goethal stated
he that the inquiries should be given to DNR. Chair Herman will
provide with the number for Pam Schense.
Chair Herman asked about others being able to quote., i.e., USGS or
Sewer Pak. Supervisor Goethal responded that the DNR has to be
heavily involved, especially in the grant process. Chair Herman asked
Supervisor Goethal how the real number for Brown’s Channel will be
found. Supervisor Goethal stated that the residents are willing to
chip-in and at this point it is difficult to say how will be funded.
)gPark & Tourism Committee
Supervisor Malsch reported that he had no agenda items. Malsch
stated that he had received a response from Virchow-Krause regarding
the accounting procedures for the park and they found no problem with
the current procedures. They will provide this information in
writing.
)hPlan Commission
()1Chair Herman stated the plan commission is recommending to adopt
resolution regarding recommendation of the Plan Commission to adopt
resolution regarding recommendation of the creation of a C-5
Conservacy/Lakefront Estate zoning district for John Clair.
()2Chair Herman stated the plan commission was shown a proposed site
development for the Amoco/Mickey T’s property. The owner Neal Gill is
the owner of the Amoco Station on Hwy Fifty and Borg Rd. Mickey T’s
will be leased out for a breakfast & lunch restaurant, with some
refurbishing to both inside and out. The Owner will be seeking a
Class “B” Liquor License, which needs to be added by ordinance.
Supervisor Fleming asked if this was any relationship to Maxi-One and
Chair Herman responded no.
)iPolice Committee
Supervisor Fleming stated that Thom Blackwell attended his first
meeting and they will welcome his experience into the committee.
Supervisor Fleming advised the board that the Police Dept. is
incurring large expenses for overtime for the double homicide
investigation and would probably be looking for additional funds to
cover. Detective Clapper is testifying on the arson case, which is
estimated to last two weeks.
Supervisor Fleming stated that the site for the Police Dept. building
couldn’t be behind the bank because of setback restrictions so they
are looking at the property adjacent to town hall again. Supervisor
Fleming asked that a closed session be added to the end of the T.B.
Meeting to discuss negotiation tactics.
)jPublic Works Committee
)iChair Herman stated the Public Works Committee is proposing to
enter into an agreement with Baxter & Woodman to retain their services
for 2004 Roadwork as needed in accordance with the proposal of
February 13, 2004 with Public Works Chair and Highway Foreman for a
cost not to exceed $ 10,000 for selected services.
)iiChair Herman stated the Public Works Committee would be making a
recommendation to accept bids for the 2005 International Truck chassis
and equipment ($61,750 & $ 42,925) respectively.
)kETZ Committees
No Report
)lAll other recommendations.
)iChair Herman reported that he has not been approached by any of the
candidates for the Spring Election to hold a Forum or Debate and he
was not sure whether the town should take an active role in the
process. Supervisor Hummel stated he had attending a couple of these
forums, nineteen or twenty persons show up, and he would wish not to
have one. Supervisor Malsch stated he didn’t think the town should
consider unless a candidate was asking the town to sponsor.
)iiChair Herman stated he would like to propose that town work with
Delavan Historical Society to dedicate a Town Chairman Board at a cost
not to exceed $ 632.50 from undesignated funds.
)iiiAttorney Wassel stated that he is recommending that the town
waive the $ 100 in court-ordered costs in the Highlands litigation in
consideration of waiver of appeal by the Highlands.
)ivChair Herman asked about the pending employee claim and Atty.
Wassel stated he has written a letter and has no response. Supervisor
Hummel asked that the item be placed on the agenda in closed session.
)vSupervisor Hummel stated that he has tickets for the Annual Corn
Beef & Cabbage Dinner if anyone is interested.
)viSupervisor Malsch reported that based on the actions of the Town
Chair and Town Attorney on February 24 , 2004 he has turned over the
minutes of said meeting to the D.A.’s office, and he is just making
them both aware of this fact in case they are contacted. Chair Herman
asked if Supervisor Malsch could share with him what this is about.
Malsch responded about Herman being allowed to vote and the town
attorney advising and allowing him to do so.
)mComment and suggestions of citizens present.
)iCarol Coccia asked if it was going to be mandatory that each
committee member sign the code of ethics and Attorney Wassel stated
yes.
)iiGary DeVries reported that he received a memo from Larry Malsch
regarding the open records law and his responsibility to not destroy
tapes he has made for park meetings. He added that his attorney has
asked for the tapes for future references. Beth Peters stated she is
taping meetings for her own personal use, what about that. Attorney
Wassel responded as long as she is not a member of the committee, the
tapes do not need to be retained by the town.
)iiiMaureen Fahey passed out copies of letters to all board members
directed to Chair Herman and the Walworth County D.A.’s office, to
also inform them that she has filed a complaint.
Maureen Fahey also stated that she had requested a copy of both Mr.
Herman and Gary DeVries depositions, in which after reviewing she has
found multiple discrepancies. She is sure that if the board members
would read these depositions they would reconsider their vote, as it
is clear the town was never involved and should not be responsible for
the legal fees incurred. Ms. Fahey thanked Mr. DeVries for the many
years he has served the Town of Delavan and the integral part he has
played. Fahey has many concerns how DeVries has let himself be used
and abused, dragged through the mud, led to believe he is a good
friend of Mr. Herman. Fahey asked that Mr. DeVries read the deposition
of Chair Herman and then answer the question about which one of you
perjured yourself. Ms. Fahey stated her other concern being that with
all of the dissention going on, many park committee members are
leaving the committee. This committee by now in March, should be
looking at park improvements, but instead are wasting their time on
all these other issues. Ms. Fahey stated she would like to ask Mr.
Herman a few questions and Chair Herman stated she should stop
campaigning. Ms. Fahey stated that he never answers the questions she
asks.
)iGary DeVries asked Maureen Fahey if she knows a Mrs. Robert Olson.
Fahey responded no. DeVries added that his home is being watched and
that a Mrs. Robert Olson has been parking along side of his home.
DeVries believes that his home is being watched for special meetings.
Another of his concerns was about obstructing the view of the street,
with the car being parked there.
Adjournment:
Supervisor Fleming made a motion to adjourn with a second from
Supervisor Malsch and the motion passed unanimously.
Chair Herman adjourned the meeting at 7:55 PM.
ATTEST: APPROVED:
ag
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair