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November 10, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of November 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, Richard Hummel Treasurer, Shari Wisniewski
Supervisor, Larry Malsch Police Chief, Andrew Mayer
Supervisor, Jay Goethal Fire Chief Gerald Edwards
Supervisor, John Pelletier Acting P.W. Foreman, Mike Petkoff
Mechanic Tom Thiele
Audience: 0
Chair Herman declared a quorum present for doing business.
Communications:
None
Comment and Suggestions of citizens present.
None
Old Business: None
New Business:
Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
Chair Herman stated that Mr. Choyce from Arris Corp. was in
attendance and he would divert from the agenda and go to item 9.)
Police Committee
)aPolice Committee
Supervisor Malsch stated that Mr. Choyce was in attendance to give
the board an update on the project and projected costs. Mr. Choyce
stated that Arris had an appointment with the county on December 8th
to discuss the variance that was applied for regarding moving setbacks
for parking on the north side. Choyce added that his defense is a
hardship to the town that the property is unusable if not allowed the
variance. Chair Herman stated he felt they might view this as a
self-inflicted hardship. Choyce remarked that if the Town Board
approves and no neighbors have challenged, he felt the town had a good
chance the variance would be allowed.
Mr. Choyce stated that the proposed building is 11,600 sq. ft., and
they have encompassed all of the necessary changes due to change in
code, including an elevator ($52,000) which is necessary to meet the
handicapped access requirement. Other areas that needed to be
enhanced from original plans were the evidence processing room,
booking room, handicapped bathrooms and locker and shower facilities.
Mr. Choyce added that another challenge is the grading of the area
around the building. Chair Herman asked if the problem is that the
lot isn’t large enough for the proposed building. Mr. Choyce stated
that was the case. There was additional discussion regarding the
purchase of additional property. Chair Herman asked when was it
discovered that this project was going to be two times the cost.
Chief Mayer stated that he understands that they need far more money
then they were allocated, but that they aren’t building a Cadillac of
buildings and the police department has done everything to keep the
cost down. Mayer added that this building is being built with
expansion in mind and most additional cost is based on state and
county code. Mayer stated that this figure does not include
computers, systems or furniture. Attorney
Wassel asked about an annual cost to maintain the elevator. Mr.
Choyce estimated $ 1,500 per year. Attorney Wassel asked Mr. Choyce
what his recommendation would be, build based on proposed plans or
purchase additional land and build a one story structure. Mr. Choyce
stated his personal recommendation would be to stick with the two
story structure as proposed. Officer Voss stated that the City of
Elkhorn is spending $ 950,000 to remodel the courthouse and Twin Lakes
is spending two million dollars for a new police department. Mr.
Choyce remarked that he believes the town should add an additional 10%
for contingency.
Chair Herman asked how the board members felt about supporting this
project and asked if the board should ask the citizens to borrow
additional funds. Treasurer Wisniewski stated that was past practice.
Attorney Wassel stated that the Town doesn’t have to get permission
from the residents. Supervisor Pelletier stated he thought it was
more practical to borrow for a longer period of time.
)bAdministrative Committee
Supervisor Pelletier stated that the Administrative Committee
approved a Picnic License for the Wisconsin Tex-Mex Association for
November 27, 2004. Pelletier stated that the subject came up about
renting out the park facility in the winter time. Treasurer
Wisniewski stated that every time an event was held, the P.W. vehicles
and equipment had to be moved out to accommodate. Treasurer
Wisniewski stated that Johnny Eddie Cash is having a performance at
the park that he is charging for and the Park Contractor’s contract
states that the facility cannot be used for profit organizations.
Attorney Wassel stated that there is no ordinance prohibiting the use
of the park for private use. Supervisor Hummel stated that the
committee felt that the more people they can get into the park in the
off season was beneficial. Attorney Wassel stated maybe the pay
schedule for non-profit vs. profitable organizations should be
different. Wassel added that Supervisor Hummel should go back and
have the committee adopt a resolution addressing what the primary
usage of the park building should be.
Attorney Wassel stated that the Hilmar Case is moving forward.
Wassel stated that the Animal Slurry lawsuit will be denied. Attorney
Wassel remarked that he had provided all with a brief and would keep
the board updated.
Attorney Wassel stated that in the Murray civil case, Ms. Murray has
denied taking the money. Attorney Wassel will be taking Ms. Murray’s
deposition. Ms. Murray contacted the bond carrier and has shown
interest in making restitution to them, against the advice of her
attorney.
Supervisor Malsch asked how long the Gramse case was going to go on.
Malsch is concerned about the cost to the town. Attorney Wassel
responded that he understands the concern, but for the work that his
firm is doing on this case at a $ 75.00 fee is unheard of. Wassel
added that there is a much bigger underlying issue here regarding the
lake usage. Supervisor Pelletier responded that residents haven’t
bought on the lake expecting that multi-family units and sky-scraper
buildings would be allowed to be built.
)cEconomic Growth and Development Committee
Supervisor Goethal reported that Carol Coccia is attending the County
Economic Growth Committee and that group is talking about expanding to
South-Eastern Wisconsin.
)dEmergency Government
Chair Herman stated this committee will meet again on December 8,
2004.
)eFinance Committee
No Meeting – Budget Hearing next week.
)fFire & Rescue Committee
Supervisor Malsch Pelletier stated the results of the Fire & Rescue
Pig Roast are in, they raised $ 16,700.
)gLake Committee
Supervisor Goethal stated that the Lake committee is rather
frustrated regarding the wetlands project and they don’t want to sit
around and wait to move on. They would like to put Hey & Associates
to the side and bring Liesch Environmental on board to review the lake
projects. Goethal is asking to use $ 4,000 from Lake Project for
Liesch to analyze the project, amend permits and potentially startup
this project again in the spring. Goethal would like the Town Board
to consider the approval of the Liesch contract for $ 4,668. Attorney
Wassel stated that the Committee should consider hiring an expert
(other than Liesch Environmental) to offer an opinion regarding the
Hey situation. Supervisor Goethal stated that Ron Siedelmann has
requested to have the Lake Committee meeting taped or have someone
other than Jay Goethal take minutes like the city does. Supervisor
Malsch stated that minutes don’t have to be verbatim to what was said.
Attorney Wassel replied that he would strongly discourage the use of
a tape recording system but would recommend having someone take the
minutes. Supervisor Pelletier remarked that Mr. Siedelmanns’ point
was that for the amount of money involved in these projects, there
should be better documentation of the events. Attorney Wassel
responded that the meetings were written contracts are discussed or
any issue considered a critical meeting the committee should consider
hiring someone to do.
Supervisor Hummel mentioned that he got a call from Ted Grant looking
for his other half of payment. Supervisor Malsch stated that the DLSD
is looking at returning additional weed harvesting equipment to the
town. Chair Herman stated to let him know, he would try to sell.
g)Park & Tourism
Supervisor Hummel – No report
h)Plan Commission
Committee didn’t meet.
i)Police Committee
Discussion in item a).
j)Public Works Committee
Chair Herman stated he was appointing Dennis Purgatorio to the Public
Works Committee. Treasurer Wisniewski asked about the maintenance for
the private roads. She asked how she was to determine who to bill in
advance for. Attorney Wassel stated that is the Town’s call. It was
determined that Mike Petkoff would identify which roads would be done
for 2005.
Chair Herman stated that many people attending the P.W. meeting
regarding the Drive-way ordinance. The P.W. committee would address
again next month and no action would be taken at this time.
Chair Herman stated that we would reimburse the Town of Sugar Creek
for work done on Amos Rd., East of Briggs for $ 992.61; this is for
the Town of Delavan’s portion of cost for repair.
k)ETZ Committees
No meeting
l)All other recommendations
Chair Herman asked the board about Christmas gifts, should the town
continue to give. In the past the F.T. Police Officers, Public Works
Employees, the Police Secretary, Fire Chief, Police Chief and all the
captain and assistants. All Board members agreed to continue,
Supervisor Malsch stated that Jan Sands should be added to the list.
Chair Herman stated that the board should consider opting out of
county zoning. Herman provided the board members with a quote from
Independent Inspections regarding the services they provide. Attorney
Wassel stated that Bloomfield, Linn and Richmond have opted out.
Treasurer Wisniewski stated that there are budgetary considerations to
take into consideration regarding this issue.
Chair Herman stated that he is planning a Park Building Meeting to be
held on 12/6/04, inviting the Town’s Committee members and issuing a
press release talking about a new community center in theory.
Supervisor Goethal announced that he is not going to be seeking
reelection for 2005 and thought it was best if he would announce this
early so if anyone in the wings is interested in his seat they would
know of the availability. Goethal added that his personal work
schedule was the deciding factor in his not seeking reelection.
Adjournment:
Supervisor Hummel made a motion to adjourn with a second from
Supervisor Goethal and the motion passed unanimously.
Chair Herman adjourned the meeting at 9:10 PM.
ATTEST: APPROVED:
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair



















