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March 9, 2005 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of March 9, 2005 The regular monthly Town Board Work meeting was held in the Town Hall after due notice had been posted. Clerk Endisch called the meeting to order at 7:00 p.m. stated that Chair Herman and Supervisor Goethal are excused. Clerk Endisch asked for a motion to appoint a Chairperson and Supervisor Malsch made a motion to appoint Supervisor Hummel with a second from Supervisor Pelletier. PRESENT: ALSO PRESENT: Supervisor, Richard Hummel Clerk, Colleen Endisch Supervisor, Larry Malsch Treasurer, Shari Wisniewski Supervisor, Pelletier Fire Chief, Gerald Edward Acting P.W. Foreman, Mike Petkoff EXCUSED: Chair, Marvin Herman Supervisor, Jay Goethal Audience: 4 Supervisor Hummel Chair Herman declared a quorum present for doing business. Communications: None Comment and Suggestions of citizens present. None New Business: Reports/discussion/agenda preparation from issues resulting from monthly Committee meetings. )aAdministrative Committee Supervisor Pelletier stated that Super Z’s/Starlight Banquet Halls is requesting a Reserve “Class B” Liquor License.and there were multiple concerns of the committee regarding same. Clerk Endisch had a concern that Flashback’s had not surrendered their license yet and if there would be prevailing legal action that would allow Flashback’s to retain their current license at that location, that two parties would hold a license for the same premise. Pelletier reported that Attorney Thorpe agreed they would not hold the town responsible in this case and the committee is recommending that the license be approved pending the stipulation that if Flashback’s were given the right by a court of law to retain their license at said location that Super Z’s would surrender their license and the Town would refund the entire $ 10,500. Attorney Wassel asked Clerk Endisch if she had any response on the proration of the $ 10,500 and Endisch responded that she had received a dozen or more responses with all agreeing that this is a $ 10,000 fee with no proration. Endisch added that in the Municipal Licensing and Regulation of Alcohol Beverages manual from the Leaque the manual states that the “initial issuance fee for reserve “Class B” Licenses; each municipal governing body must establish an initial issuance fee for reserve “Class B” liquor license in an amount not less than $ 10,000. Attorney Wassel responded that the law is rather ambiguous, regarding prorating. The posting for this license will be in the newspaper on March 17, 2005 and the Town Board will hold a special meeting on March 18, 2005 at 2 PM for the potential approval of the license. Supervisor Pelletier would like the T.W. Applegate License be placed on the agenda for approval with a stipulation of them having a occupancy permit prior to issuance. Supervisor Pelletier stated that he would ask the Town Board to adopt the Resolution for Inclusion Under the Wisconsin Public Employers’ Group Health Insurance Program, based on the approval of both the Police and Public Works Contracts being ratified. Supervisor Pelletier asked that a closed session be placed on the agenda to discuss the proposals for the Union Contracts. Supervisor Pelletier stated that he had a request from a Westshire Farms resident, Les Primasing to change our current burning ordinance to ban all burning in the town and the administrative committee discussed and determined to make no recommendation. Supervisor Malsch asked where the issue is regarding the Public Works Foreman position. Attorney Wassel responded this had been turned over to a labor attorney and he hasn’t had a response. Supervisor Malsch asked if this was going to be possible based on the language in the union contract and Wassel responded the department would need to be reformatted. Treasurer Wisniewski pointed out that this was turned over to the labor attorney two months ago and we should be getting some resolve on the issue. )bEconomic Growth & Development Committee No Meeting )cEmergency Government Clerk Endisch stated that she has received the Resolution from Jim Hanson to designate NIMS as the basis for all incident management in the Town of Delavan, which he is asking to be put on the March agenda for adoption. The resolution needs to be in place for the Emergency Government Plan to be in effect. )dFinance Committee Treasurer Wisniewski stated the Finance Committee had their initial meeting reviewing the Clifton-Gunderson report and Chair Herman was making arraignments to meet with the Fire and Rescue Departments regarding the recommended changes to their departments. Town Hall departments were determined to be in compliance. )eFire & Rescue Committee Supervisor Pelletier Malsch stated there were no items for action of the board. )fLake Committee Supervisor Pelletier reported that the Lake Committee is recommending to the Town Board to approve the contract memo of understanding between Sho-Deen and the Town of Delavan for use of land for the Mound Rd. wetland spoils and asked this item to be placed on the agenda. Supervisor Pelletier stated that Liesch Environmental presented a proposal to write a grant application for a Storm Water Plan at a cost of $ 900. Pelletier stated this storm water study could cost in the range of $ 80,000, with the town obligated to pay 30% of the cost and the committee doesn’t feel that the town is ready to take on another lake project, should hold off at least another year. Supervisor Malsch asked if Baxter and Woodman couldn’t do this project. Attorney Wassel stated that Ron Seidelman from the City of Delavan stated the city could assist as they have a grant writer. Treasurer Wisniewski stated she felt that the Town should try to partner with the city, as they also have a stake in the lake. g)Park & Tourism Supervisor Hummel reported that Chair Herman, Brian Schuck and Cory Even are going to the conditional use hearing regarding the pavilion usage. h)Plan Commission Supervisor Hummel stated that Chair Herman left multiple agenda items with him. 1.Discussion/possible action on recommendation of the Plan Commission to approve the condominium plat for Cantibury Condominium (former Stritt property), 2027 S. Shore Dr., Tax Key FD2700002 subject to filing with the Town Clerk the recorded condo plat, drainage easements and deed restriction on portions of lots 1 & 2 restricting building E. of S. Shore Dr. 2.Discussion/possible action on recommendation of the Plan Commission to rezone lots 12-16, Lake Prairie Business Park from B-2 to R-5 (Tax Key FLBP00012-00016. 3.Discussion/possible action recommendation of the plan commission to rezone Delavan Lake Animal Park from A-2 and C-2 to B-4 and P-1, 5065 State Hwy. 50. 4.Discussion/possible action on recommendation of the plan commission to rezone Lakeland Animal Shelter from A-2 to A-4 to accommodate signage replacement. 5.Discussion/possible action on recommendation of the plan commission to approve revised condo declaration for Windward Hills Condo (Dinsmore-Stevens) FD3200115, etc located SW ¼ Sec. 29 and NW ¼ Sec. 32. i)Police Committee Supervisor Hummel stated that Chair Herman asked that Ordinance. # 258 which prohibits parking on Blue Gill Rd and Carol Streets be placed on the agenda, this item was tabled from the previous month. j)Public Works Committee Supervisor Hummel stated that the Public Works Committee would like to agenda the recommendation of the committee approval for the 2005 roadwork subject to the annual road work trip by the Town Board and the approval of an engineering contract with Baxter and Woodman for same. Treasurer Wisniewski asked where this $ 10,000 for the Baxter and Woodman contract was coming from and Supervisor Hummel stated that last year they took out of another place. Treasurer Wisniewski stated it was taken out of contingency last year. Attorney Wassel stated there would a surplus in salaries for the year and the expense could be taken out of there. Supervisor Malsch remarked that he thought this was a one-time cost last year as Mike Petkoff wasn’t up to speed and Mike Petkoff stated he still needed help. Supervisor Hummel reported that there is a rather large pot-hole on First and Highway 50 and Mike Petkoff has determined that this is town property. Mike Petkoff stated the sink-hole is 4 to 6 feet in diameter and needs to be attended to. Attorney Wassel asked if Mike could determine the expenditure by Tuesday and Mike responded that it would need to be addressed prior to Tuesday. Attorney Wassel stated this would be a capital expenditure, and he would recommend when the cost was determined to hold an emergency meeting (2 hours notice) to approve the expenditure. Supervisor Hummel stated the P.W. Committee is recommending to advertise the sale of the used bucket truck and the International Truck (cracked frame) for sale. Supervisor Hummel added that Tom Thiele is contacting DMV regarding what to write on the title (junk, salvage, etc.) Supervisor Hummel asked the discussion/possible action on recommendation of the P.W. Committee to approve the Right-of-way Agreement for the Theater Rd. Force Main Project be placed on the agenda. Supervisor Hummel turned over the Brush Pick-up notice to the Town Clerk and she will publish the four times as required. Attorney Wassel reported that a scheduled arbitration for Tracy Landt would be held on Tuesday March 15, 2005. Wassel stated he contacted Tom Larson regarding this and asked to have the proceeding tabled, while the Workers Compensation status is investigated. k)ETZ Committees No meeting l)All other recommendations Supervisor Hummel reported that Chair Herman asked that the discussion/possible action on Ordinance # 258 prohibiting parking on Blue Gill Rd. and Carol Street be placed on the agenda. Supervisor Malsch spoke regarding the upcoming Candidates forum and he expressed that he thought the format of the last forum where the questions are taken from the audience is a better format than having a few board members giving topics to the Judge to write the questions. Clerk Endisch added she felt that the questions asked at the forum should be of all candidates, not just the town chair candidates, as the town chair is only one vote in the town and the other positions hold just as much weight. Attorney Wassel recommended that Supervisor Malsch contact Judge Thompson regarding the issue. Adjournment: Supervisor Malsch made a motion to adjourn with a second from Supervisor Pelletier and the motion passed unanimously. Supervisor Hummel adjourned the meeting at 7:45 PM. ATTEST: APPROVED: _____________________________ ______________________________ Colleen Endisch, Town Clerk Richard Hummel, Supervisor