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May 10, 2006 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of May 10, 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 Fire Chief, Gerald Edward Supervisor, Bill Endisch Police Chief, Andrew Mayer EXCUSED: Wayne Polzin Audience: 7 persons Chair Pelletier declared that a quorum was present for doing business. Communications: None Comments and Suggestions of citizens present: Susan Vogus inquired about the City of Elkhorn’s break in their Waster Water Line that dumped 700,000 gals. of water into Jackson Creek. She asked if Elkhorn had any liability. Chair Pelletier responded that over the years he is sure worse things have been dumped into Jackson Creek. Attorney Wassel responded that not knowing what caused the failure, was it contaminated, had they done anything to prevent it would be difficult to measure a loss. He added the cap on a notice of claim to the City would be $ 50,000. Wassel stated the town would have 120 days to file a claim, and as much information as the Town would get would help. Chair Pelletier replied he would speak with Kevin MacKinnon, to assess whether there would be enough data to try to even compute the damage. Ms. Vogus asked in regard to the lake projects and the inlet permit, has an engineering study been done. Chair Pelletier responded that enough engineering had been done to put a permit application together. Ms. Vogus asked if Pelletier felt that nothing else would preclude the project. Chair Pelletier responded that DNR could demand the final engineering before the project goes forth, but if they needed additional engineering data, two weeks would be needed to complete that part. Pelletier added he didn’t think a whole lot on engineering is done on these projects. Ms. Vogus asked how long would the project be delayed and Pelletier responded, we would probably lose a month, but dependent on what they require us to do. Joe Messler addressed the board regarding the recommendation of the Administrative Committee to select Independent Inspection. He is requesting the proposals go back to committee, as questions the Admin. Committee had asked he is addressing in his latest proposal. Supervisor Malsch agreed to table the discussion and ask both contractors to make their proposals again. Old Business: None New Business: 1.Administrative Committee Supervisor Nowak expressed putting in a bid for office space in the old Police Building. The Administrative Committee is recommending moving the assessor and the building inspector. The Assessor has run out of space, and in light of the Shodeen Project has no file space. Supervisor Malsch stated the Police Dept. wants to use the back portion of the station for storage. Chief Mayer responded the records that are currently stored in town hall could be moved there, which would free up additional file space for Town records. Chair Pelletier responded we will need an orderly solution, with what goes on there. The Administrative committee reviewed the current staffing needs in Town Hall. Jan Armonda is primarily working on plan commission and the committee does understand that some of this will end, but in the meantime things are getting farther and farther behind. An example being the Town Clerk needs to get back to working on the new SVRS Voter Registration System, which she needs completed by the September election and never has time. The Committee is recommending hiring a temporary part-time twenty hour a week employee from June thru December. The committee is also recommending increasing Jan’s hourly rate $ 1.00 an hour as she is a valuable resource. Supervisor Nowak stated she is very underpaid for what she is doing, and we she do every thing we can, not to lose her as an employee. Chair Pelletier asked Treasurer Wisniewski where we would fund this from and she responded contingency. This should be an agenda item to move $ 7,500 to fund both pieces. Supervisor Nowak reported that she asked Dave Patzelt from Shodeen to attend the Administrative Meeting, as this was the only committee he had never attended. Nowak added that seeing that Jan’s time is devoted primarily to Shodeen that possibly Shodeen could reimburse the Town for her wages, but she has a question as to whether we could accept payment from him. Chair Pelletier stated he has a problem with this. Attorney Wassel added he thinks this is just the cost of doing business. Supervisor Nowak stated that Patzelt wasn’t aware of the strain the project is placing on town hall and Chair Pelletier disagreed, he added Patzelt knows how many people are here. 2.Economic Growth & Development Supervisor Nowak reported the committee is continuing working on the 2007 calendar and with the committee having a different makeup, different ideas are being generated. The past committee wanted the sponsors of the calendars to sell the calendars at a cost of $ 3 and the current committee feels the town shouldn’t use this project to make money and should let the merchants give the calendars out free of charge. Chair Pelletier asked who would be handing out these calendars; Supervisor Nowak responded the merchants who placed ads. Supervisor Nowak is asking all committees for meeting dates for 2007, any scheduled events and anything else they feel should go on the calendar. Nowak stated that Fred Burkhardt gave a presentation at the committee, showing how his organization can do a joint venture with the town businesses to promote. Attorney Wassel stated that Mr. Burkhardt is working with Sharon and doing a great job. Supervisor Nowak stated she was told last year that the profit from the calendars would go into the general fund; but the committee could ask for in their budget. Treasurer Wisniewski replied she wasn’t sure what the motion was from last year regarding the calendars and Clerk Endisch responded she would look at that motion and come up with an appropriate agenda item. 3.Emergency Government No meeting 4.Finance Committee Chair Pelletier explained there would be a Special Finance and Town Board Meeting prior to the board meeting to go over the auditor’s report. He asked Clerk Endisch to place the acceptance of the auditors report on the agenda. 5.Fire & Rescue Committee Supervisor Nowak informed the board the committee looked at the EMS Billing Service Contract. Each of the amendments had different billing arraignments. There were a lot of questions and Herb Sessner volunteered to go back to EMS and get the answers. Supervisor Nowak added that she spoke with Attorney Wassel regarding the need of an ordinance for the process. Supervisor Nowak stated they are still working on the burning ordinance. Supervisor Nowak reported the Fire Dept. secured one of the vehicles from the Alliant auction, the 1997 GMC K3500 1 Ton 4 x 4 for $ 4,051.00. The town will use the Alliant website to dispose of the 1969 Jeep. An agenda item to authorize the sale of assets will be necessary. 6.Lake Committee. Chair Pelletier reported that Liesch Environmental proposed a cost of $ 3,000 for a grant application study of storm water system. Chair Pelletier said he told Liesch the Town didn’t have the money to spend and Liesch said they would do the application for the grant fee and the town could determine if they want to participate later. Pelletier estimated the project would cost around $ 15,000, and could something added to the 2007-2008 budget year. Pelletier asked for an agenda item to allow Liesch Environmental to go ahead with the storm water grant application. Chair Pelletier commented he has been talking with the Town of Walworth regarding the conditional use for Brown’s Channel. Pelletier thinks he will prevail in the issue, but it is quite challenging dealing with other communities. Pelletier added it is too bad the disposal isn’t in the Town. 7.Park & Tourism Committee Supervisor Endisch reported the committee approved the purchase of a leaf blower, industrial size @ $ 375, this will be charged to park maintenance. Endisch added the committee approved purchasing a $200 pole to put up the letters on the new park sign, which would be charged to park maintenance. Endisch commented the committee is recommending adding some trees and shrubbery to the park. These would be to replace dead trees, and to dress up the park, especially along Hwy. 50 fence line. The committee is asking for $ 5,000 from Fees in Lieu. Endisch added they are able to get some good deals and trees and shrubbery from a nursery that is going out of business. Some of the smaller trees and shrubbery would be planted by the Park Staff and the others would be planted by the nursery. Chair Pelletier asked Endisch if he would have a layout of the planting prior to the board meeting and Endisch responded yes. Endisch stated the park committee is recommending the town contribute $ 300 to the DLIA for the Pontoon Days. Endisch stated the committee is recommending the contractor be allowed to sell ice at the gate house, for which he would need a direct seller’s permit. Chair Pelletier asked if the town wants to compete with the private enterprises around. Endisch responded they committee was recommending because of the convenience for the fisherman. Supervisor Malsch stated this was an item that was taken out of the park contract, because of the issue of competition with the businesses. It will be put on the agenda for a vote. Endisch stated the committee had conversation prior to his being placed on the committee and recommended the Park Contractor be reimbursed his % for the work he did pre-contract for the Circus. The Circus was in March. The amount they are looking to have approved is $ 157.50. Supervisor Endisch stated the committee reported the Elk Club approached the committee regarding the concessions and bingo for the 4th of July celebration. Endisch reported the Fire Dept. wasn’t interested in running the bingo this year. The Elk’s Club would do the whole event. Endisch stated according to the minutes from last year the consensus was the prices were too high. Pelletier asked about the American Legion and Endisch responded they aren’t interested. Pelletier asked if the Yacht was told they did a lousy job, Endisch responded he wasn’t sure. It was determined this would be an agenda item. Endisch reported they are having a lot of new events this year, a clown, professional face painting, a water ski show, and instead of having a raffle of coupons for business the raffle would be 50/50, with the town receiving 50% of the 50. Endisch stated he would be sending letters out to the business asking for cash contributions to offset the cost of the celebration. Endisch asked Pelletier if he would talk to Lake Lawn regarding a contribution to offset the cost of the fireworks and Pelletier responded he would. Endisch stated he spoke with the Police Chief about closing a large section of the lake for the Water Ski Show. Endisch will print a flyer, listing the sponsors who contributed on the back. Endisch reported the committee looked into using Huber law prisoners to clean up the park; it was determined not to use. They are planning on using juveniles who need to do community service; the parents would drop off and pickup. Endisch reported that two contractors have approached the committee to sell food in the park. One has already applied for a sellers permit. One vendor has a trailer he would haul in and out, that he would sell from and the other vendor has a tent type building, where he would setup a grill to cook. The idea is to sell to the fisherman and anyone else using the park. Treasurer Wisniewski stated there used to be a concession stand in the park. Endisch stated the one vendor would also be willing to sell in Kirkpatrick Park for ballgames. Attorney Wassel stated does the town want to permit. The Town needs to make sure they have the proper licenses from the Dept. of Agriculture (health certificate). Supervisor Malsch stated if the town doesn’t have a contract; the control is with them have the authorization from the Town to sell in the park, with the direct sellers permit. Malsch added they need to provide a certificate of insurance and does the town need a waiver. Wassel stated we would have recreational immunity. Chair Pelletier asked what is in this for the town. Endisch replied one of the vendors was willing to give the town a % of his sales. Attorney Wassel stated he doesn’t think the town should take part of the sales. Wassel asked what happens if we are unhappy with the vendor, what recourse does the town have. Endisch stated we could give him notice on his direct seller’s permits, say 72 hours. Chair Pelletier stated he can’t see how you can pick just one. He feels the town should allow as many vendors as want to get sellers permits. Endisch asked the item be placed on the agenda for approval. Endisch reported that the Elk’s Club wanted to also have a second day of celebration at the park. The park committee recommended they rent the community center for Sunday the 2nd, and they could have a pancake breakfast and bingo they planned. 8.Plan Commission Chair Pelletier stated that Lakeland Community Church needs an approval for their CSM. He added there is an issue with their letter of credit; it doesn’t meet the requirements. Pelletier stated the document of Smart Growth he gave the board members needs some action on. The plan will cost the town $ 21,000 over three years. Pelletier stated that Chair Pelletier should be name the representative and Supervisor Malsch as the second. Pelletier asked that the item be placed on the agenda for approval, to be paid out of contingency. Pelletier added this would be for the countywide plan; which we could incorporate into our land use plan. It would cost an addition $ 7,500 for the Town Plan; he added many communities are complaining about paying at all. Pelletier wants to have the zoning for the Lake Front Properties from R2 to R2a to be added to the agenda. 9.Police Committee Supervisor Malsch reported the Open House for the new Police Station is on June 10, 2006 at 10 a.m. There will be notifications sent out. 10.Public Works Committee Pelletier reported the committee talked about the sale of their jeep, along with equipment requirements for the upcoming year. The latest on the salt shed is we looked at the land by the fire dept. on Bailey and S. Shore and this land would have required a rezone, which the county isn’t encouraging as it is in a residential area. Pelletier added this would take quite awhile. The immediate solution is using the Town of Geneva salt storage shed next winter. Pelletier stated the public works facilities need to be looked at for the future. The cold storage building that is falling apart and the other garage. Pelletier has spoken with county and they told him the town would have the option to take down the old building and build new. He is working on a proposal for a different structure. Pelletier stated that his conversations with Shodeen, they envision the shed to be in their industrial park and Pelletier stated that wouldn’t work. Pelletier reported the committee will be looking at doing something on this site; i.e. pole buildings. 11.ETZ Committees Didn’t meet. 12.Other Clerk Endisch commented she had an initial conversation with the Assessor regarding Board of Review. The tentative dates were Open Book June 7th and Board of Review June 20th. Endisch will work with the board members and National Appraisals to establish the dates. Supervisor Malsch said he has questions about the town’s policy regarding a board member communicated with the town attorney. Wassel responded that in his tenure about twenty times this had been questioned it is usually when another board member doesn’t like the other one is questioning. He feels the town has an open door policy, where any department head the authority of ask questions. When citizens call that is a town issue. Supervisor Malsch said he was asking if this should be a policy, similar to when a committee member asks for copies; the policy is that committee member is charged. The committee member should request the copies through the committee chair and the chair will then make the copies. Wassel added he has only seen this abused once in his tenure; and he wouldn’t want to prevent the board from during their job. Supervisor Malsch stated he brought this up about Supervisor Polzin with the Westshire thing. Malsch stated the board hasn’t said we are going to do anything about Westshire and if Polzin is calling the attorney this should be at his expense. Attorney Wassel replied that a meeting is going to be scheduled with the Assessor, Polzin and the Assessor on Mr. Polzin’s open record request. Wassel added he is under obligation to defend the assessor and at the scheduled meeting will lay the grievances on the table. Malsch responded the board doesn’t have any interest in this and he believes somewhere we need to draw the line and maybe some type of policy should be drafted. . Chair Pelletier asked what the policy would say. Supervisor Malsch responded do we need a policy to contact the town attorney. Supervisor Malsch asked where the Jim Wolfgram issue is. Attorney Wassel responded there will be closed session after the Town Board Meeting on Tuesday, along with one for Animal Slurry and the Gramse case. Supervisor Malsch stated he could have a car in the Memorial Day Parade, if any of the Town Officials would like to be in. Attorney Wassel remark that in the Westshire Service Agreement there is a provision to revisit the service fee they are charged. Wassel added the fee has been increased by the CPI increase. Chair Pelletier asked what would be the appropriate committee to review and it was determined that Administrative Committee would add to their June 5th agenda. Treasurer Wisniewski responded the calculation is rather simple and they are currently be charged based on an $ 189,000 equalized value. Adjournment: Supervisor Nowak made a motion to adjourn with a second from Supervisor Malsch and the motion carried unanimously. Chair Pelletier adjourned the meeting at 8:57 PM ATTEST: APPROVED: _____________________________ ______________________________ Colleen Endisch, Town Clerk John Pelletier, Town Chair