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October 13, 2004 Minutes of Town Board Work Meeting
Minutes of Town Board Work Meeting of October 13, 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 Acting P.W. Foreman, Mike Petkoff
Supervisor, John Pelletier
Audience: Approximately 4 citizens
Chair Herman declared a quorum present for doing business.
Communications:
Supervisor Malsch stated that he thought the commentary of the Town
Chair regarding the private road issue was unethical and
unprofessional and to suggest and imply that this board or a future
board should be encouraged to change the action this board has taken
on an illegal action is improper. Chair Herman thanked Supervisor
Malsch for his comments.
Comment and Suggestions of citizens present.
None
Old Business: None
New Business:
Reports/discussion/agenda preparation from issues resulting from
monthly Committee meetings.
)aAdministrative Committee
Supervisor Pelletier stated that he has drafted the opening letters
to both unions and has been in touch with both unions about arranging
the initial meetings.
Treasurer Wisniewski asked if the assessor’s contracts had been
signed and it was determined that the originals were never sent.
Clerk Endisch stated she would ask National Appraisals for the
contracts.
Chair Herman reported that Michael Cotter came up with a plan to opt
out of county zoning, which the town would need to opt out by January
1st for a startup of June 30, 2005. Chair Herman stated that if we
decide to do this, the Town would need to hire a zoning person.
Treasurer Wisniewski stated that the board needs to decide so that it
can be added to the budget. Attorney Wassel stated the Town could opt
out at the directive of the Board.
)bEconomic Growth and Development Committee
Supervisor Goethal reported that he would be presenting the EGAD
budget tomorrow at the finance meeting. Goethal remarked that the
committee is considering having calendars being printed, using local
businesses as advertising and showing all local events. The committee
received an estimated cost of $ 1,100 for 2000 calendars. He also
stated that they are looking at tying local business into the Town
Web-site and planning a luncheon or coffee and cold snacks for the
local businesses.
)cEmergency Government
Chair Herman stated this committee was meeting the next week.
)dFinance Committee
The committee meets on 10/14.
)eFire & Rescue Committee
Supervisor Malsch stated the committee discussed the tower relocation
expenses at an estimated cost of $ 5000. Malsch reported that the
Fire Committee is recommending that Sandra Rugen be paid the Fire
Inspectors Salary going forward and also back pay for the period of
time she has been working in that capacity. Supervisor Malsch will
have the Fire Chief, Gerald Edwards provide Colleen Endisch with
written documentation directing to do same, and including dates
involved and rate.
)fLake Committee
Supervisor Goethal was informed by the DNR that they received one
letter requesting a Public Hearing on the Mound Rd. project. He added
that DNR & the County setup a meeting that day, trying to address the
concerns of the engineer who requested the public hearing. This
engineer had been contracted by the new owner of the Grant property.
They were not able to reach an agreement which leaves the project as
dead, leaving the Lake Committee to reassess the project at a later
date. Attorney Wassel asked about the recovery of the funds expended
and Supervisor Goethal stated that the Lake Committee would pull
together those numbers and recommendations at a scheduled November 2nd
meeting. Treasurer Wisniewski asked about Animal Slurry and
Supervisor Goethal replied that their deposit on the bond would need
to be returned.
Chair Herman updated the board on the Blue Gill public access issue.
He stated the residents signed a petition opposing opening and a
resolution will need to be drafted for the Town to discontinue.
Attorney Wassel stated that parking of cars & trailers created a high
volume of congestion; the residents at times were unable to get in or
out of their driveways. Chair Herman stated the DNR is concerned
about limiting lake access to a public lake. Herman reported that
Mike Petkoff made a sketch of a gate that could be installed that the
fire department could unlock for access and that the public could walk
through with a canoe or small raft. Herman will place this item on
Town Board agenda for more discussion, with recommendation to meet
with DNR with drawings and see if acceptable. The Town has an
extension to the 20th to take down barrier. Supervisor Hummel asked
what the fine is for parking there and Attorney Wassel stated $ 10.00.
Attorney Wassel cautioned the board members that the Town Board needs
to understand the Town would be giving up access to the Lake if the
access is discontinued, but by just limiting access the health &
safety of the residents and town are accommodated, which is in line
with the DNR conceptual plan. Supervisor Pelletier asked about
enforcement options on violators. Attorney Wassel stated the times
enforcement would most likely be needed would be at peak times (July
4th weekend, etc) and the officers wouldn’t have the time to address.
Pelletier asked if the fine could be raised and Attorney Wassel
replied that the Judge would need to raise the penalty and the Board
would need to approve. Chief Mayer agreed that when opened
previously, there was consistently a steady stream of vehicles,
creating a lot of traffic congestion, which required a full-time
officer to monitor.
Chair Herman stated that Mike Purcell had resigned from the Lake
Committee and he would be recommending Erich Lademann as the
replacement. Herman reported that Reid Barr resigned from the Public
Works Committee.
Supervisor Goethal remarked that Bob Leff and Jane Harries have been
on the Lake Committee for twenty years and the committee had a little
celebration in their honor.
g)Park & Tourism
Supervisor Hummel reported the park shelters were in the process of
being constructed.
h)Plan Commission
Chair Herman has two agenda items:
1.The plan commission is recommending approval of a CSM for Neil
Hartigan 3397 S Shore Dr. Sec. 33, T2n R16E.
2.The plan commission is recommending approval of a CSM for Frank &
Kelly Lena, Bailey Rd. east of Countryside Dr., Sec. 25 T2N R 16E.
Chair Herman stated the Tracy Group was represented at the Plan
Commission meeting and the committee and some affected residents from
Delmar Subdivision expressed their concerns regarding a large number
of homes being built in the available acreage.
i)Police Committee
Supervisor Malsch commented that it is unclear whether the
construction of the Police facility would be started now or in the
spring. Malsch stated that the committee is very happy with the plans
as presented. Supervisor Goethal stated that the committee approved
all the past minutes that former Supervisor Fleming provided.
j)Public Works Committee
Chair Herman stated that he has been working with Attorney Wassel on
the language of the intergovernmental agreement. Herman remarked that
the P.W. Committee has concerns this project will use one-half of the
road budget for the next three years and feels that the Town shouldn’t
do as this doesn’t serve many of the town’s residents. The
committee’s other concern is that the City would be taking over this
road and there should be some consideration for reimbursement to the
Town if this happens. Chair Herman did say that this was a way of the
Town to partner with the City on an issue. Chair Herman remarked that
he was able to get the expense down to $ 148,000 from the original $
311,000 in the first contract draft. Chair Herman stated the City
would be applying for the grant, but that the Town would be liable for
cost if no grant money would be available. Supervisor Pelletier
stated that the approval should be contingent on getting the grant.
Further discussion relating to this issue would be put on the Town
agenda.
Chair Herman asked if any of the Supervisors would like to readdress
the private road issue. Herman added that Rick Stadelman (Wisconsin
Towns Association Chairman) informed him that private roads can be
plowed at no cost. Herman stated that he would need to recuse himself
from addressing the issue as he lives on a private road and Supervisor
Pelletier stated he also lived on a private road. Supervisor Hummel
stated that Rick Stadelman stated that you can charge, but why would
you not want to.
k)ETZ Committees
No meeting
l)All other recommendations
Clerk Endisch reported that at a session she attended at the Town’s
Convention she learned that item 12 on the Work Agenda is improper.
Endisch stated that she was told that a broad category of (all other
recommendations) is language from the 70’s, the items to be discussed
should be listed individually which gives the proper notice to the
public of items to be discussed. Attorney Wassel stated that he felt
this was OK as there are no actions be taken and Clerk Endisch stated
she asked that specific question and was told it doesn’t matter, the
items still need to be listed. Attorney Wassel stated that their
recommendation is based on the Lake Geneva Case. Treasurer Wisniewski
added that everyone agreed, including the municipal clerks that this
shouldn’t be noticed this way.
Comments and Suggestions of citizens present.
Bill Nichols – 1605 Hiawatha Dr, Delavan asked if there was an
ordinances prohibiting renters from occupying a trailer on the side of
the road. Mr. Nichols added that this is his neighbor next door and
remarked that they have a chicken which roams in Mr. Nichols yard.
Chief Mayer reported that the police have been to this property
multiple times and have never found anyone occupying this trailer and
have never viewed the chicken on Mr. Nichols property. Mr. Nichols
asked if an ordinance couldn’t be passed that would prohibit livestock
on personal property. Nichols added that he has the chicken on film.
Chair Herman told Mr. Nichols that he would need to complain to
Walworth County about a zoning violation and that the Police
Department couldn’t write tickets on a zoning violation. Chair Herman
stated that his other option would be to file a written complaint with
the Town and the building inspector would come out to the property for
compliance. Mr. Nichols was provided with a complaint form.
Ed Brien asked if the town was going to revisit the snow plow issue
and Chair Herman responded that there was no support on the Board to
do that.
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 8:06 PM.
ATTEST: APPROVED:
______________________________ ______________________________
Colleen Endisch, Town Clerk
Marvin Herman, Town Chair