Home Page: Town Board Work Minutes
|
September 12, 2007 Town of Delavan Emergency Government Committee
Minutes of Town Board Work Meeting September 12, 2007 Call to order at 7:00PM by Chair Polzin Roll Call Chair Polzin stated that all board members were present. Wayne K Polzin, Town Chairman Dixie Bernsteen, Clerk Jim Wolfgram, Supervisor Pat Morelli, Treasurer Kay Franzen, Supervisor Chief Mayer, Police Frank Jones, Supervisor Chief Edwards, Fire Herb Sessner, Supervisor Tom Thiele, Mechanic Mike Petkoff, Highway Foreman Absent Steve Wassel, Attorney Declaration of a Quorum present for doing business by Chair Polzin. Communications Mound Road budget figures, Clerk is still working on them. She has had a hard time finding the files. Contacted Jay Goethal and asked to email files, have been in contact with him several times but have not received. Asked Jim for files left behind from Jay to go through. Statement of economic interest needs to be filled out by all elected officials. Clerk to check and see who has not filled one out. Chair Polzin stated that all elected officials, Fire/Rescue, Police must be certified by law in the NIMS program. Can be done over Internet or call 741-4616 Kevin Williams for more information. Audrey Boss and Joe Meslor want to put in a bid for the inspectors position. Independent Inspections has an indefinite contract that does not need to be renewed if the board wants to look for new inspector must be put on agenda and Independent Inspectors given the opportunity to bid as well. Chair Polzin stated he did not have time to do this and will put on the agenda if board wants it on. Supervisor Jones does not see why we should change if we have not had problems, should only seek other firm if we are having problems. Supervisor Wolfgram was curious to see what the difference in proposals. Supervisor Sessner suggested to possibly looking into after first of year. Supervisor Franzen stated it would be a different issue if we had problems. Attorney Wassel talked about Peek Inn representative Dave Patzelt working with neighbors to improve property. Attorney Wassel has talked with Shodeen lawyer and they will be sending plans to neighbors of the improvements to be done. Chair Polzin does not know why an agreement can’t be made with the community and an owner that the building be torn down immediately but grandfathered into the same foot print, even if it is 10 years from now. “Why should we have to live with garbage like that for 10 years and have to look at it? I don’t know why, if there is anyway that any type of deal can be made on that?” Attorney Wassel stated it is the County that makes that decision. Supervisor Jones volunteered to take this subject to the smart growth committee. Comments and suggestion of citizens presents Gary Devries has noticed address signs in the Town of Walworth, is that something that the Town of Delavan would like to do? Chair Polzin stated we have gotten away from that and we go by house numbers. Supervisor Franzen stated the fire number is the same as the street address. Tom Thiele stated Town of Delavan is the only one in County that has not complied with changing numbers on houses that make sense. Chair Polzin stated we will bring this up at another time and discuss it. Old business: None New business Reports/discussion & agenda preparation of issues resulting from monthly committee meetings. Committee’s Administrative Committee (Supervisor Franzen) Committee discussed developing new web site. Planning to change ACCPAC to Quick Books beginning 2008. Two operators license to be approved contingent on background check. Supervisor Franzen will be working with Dixie on Administrative Budget. Committee recommends Board to approve for the Board members to attend annual Towns Association Conference in Green Bay October 21-24. Pat will not be going to the Green Bay Conference. Emergency Government None Finance (Supervisor Sessner) Pat stated, she is not Superwoman and will get the budgets to everyone no later than Monday. Chair Polzin suggested the Town hire Richard Burns part time as advisory to Treasurer to set up sinking fund for fire trucks, salt shed, Public Works trucks etc. Attorney Wassel suggested waiting until new Administrator arrives and find out what his qualifications are. Fire & Rescue (Supervisor Wolfgram) Discussed budget at meeting. Fire Department to use tractor at annual fund raiser. Were not allowed by park person due to not having written approval from Public Works. Jerry Edwards was concerned about mechanics overtime that is accumulated, what needs to be done by mechanic gets hindered by his time spent on other things and constraints. Tom Thiele stated he does not take time off if trucks need to be fixed. If he is informed that something needs to be fixed and is off on overtime he will come in and fix whatever needs to be worked on. If it was warranty work, Tom was not notified that something was wrong. If he had known the truck had to go over for warranty work he would not have taken day off. Lack of communication between Departments. Park & Tourism (Supervisor Franzen) The committee passed a motion to put sign for Indian Burial Site at park, and hopes it will still be covered under this years budget. Need board to vote on surcharge ($50.00) for heat in winter for Park rentals. Attorney Wassel suggested putting on agenda for discussion possible action for seasonal surcharge for use of Community Park Building. Do research with gas company to see what past bills were in winter. Supervisor Jones wonders how technical do we need to get about this? Chair Polzin does feel we should be subsidized by renter. Supervisor Wolfgram suggested looking on bill to see what was billed per day during the months of November – March. Take that amount and double it. Clerk Bernsteen stated if you make it a lump sum it will average out over time. Supervisor Jones stated, the gas company can give you a print out for the last 2-3 years of the average daily heating costs. Committee recommends to the board to reimburse Steve Schoff ½ of revenue from Park shut down due to lost wages of boats launched at a cost $750.00. This was a decision made by the Park Committee and Town Chair. Steve stated, he did not ask for any reimbursement. It was brought up by Nick and Kay. Supervisor Jones felt this was an act of god and should not be reimbursed. Supervisor Franzen stated Steve’s contract negotiations for park contract expires as of December 31, 2007. Attorney Wassel request for proposal of renew contract with possible vending machine type foods. Need to act on actual hard copy of contract. Kay is to get together with Attorney Wassel to go over changes in contract. Games for July 4th Celebration Full year status Vending Machines, Ice and Bait. Possible concession stand with popcorn, candy, soda. Contract for calendar year instead of seasonal. Supervisor Jones has there been a difference in procedure due to the theft at the park? This will be brought up and discussed at the Administrative Committee to solve and come up with a solution. Public Works (Chair Polzin) Salt shed, extending garages all the way over and trying to either redo the metal building with new siding and new doors and come in from different side of building for the Police Department and storage for Police Boat and cars. Plan coming from Dane County for salt shed and also a book for the bid process to be sent out for bidding of project. Drive to wet ponds are bad. It is the responsibility of Public Works to grade and new stone yearly. Attorney Wassel stated that it is possible to us spoils from dredging to butt up to road edge. Waiting on permits from DNR. Supervisor Sessner stated a special assessment is needed to fix Bayview Road. Citizens have gotten together and received a bid from Amon for $16,000 to have Bayview Road paved and have asked it to be put on special assessment. Three roads are up for preliminary resolution Hiawatha, Beckman and Bayview. Committee recommends discussion possible action regarding preliminary resolution for special assessment for Hiawatha, Beckman and Bay View Roads. Joe Kopecky asked committee for payment of original contract of $10,000 for plans to develop a salt shed. Asked for $5000 of his original contract, accepted a payment of $4000. Supervisor Sessner stated an agreement has been worked with property owner on Bay Road. Attorney Wassel stated the Town will own out lot 1 for about 2 seconds and the people on the island are going to buy it from the Town for $1.00. The Town will not take title if Joe Schultz (Owner) has judgments or other problems against that property. Police & Water Safety (Supervisor Jones) Requesting a new full time Officer presently has 10 full time including Chief and approximately 14 Part Time. Will be going over budget for this year, there were too many things out of his control to stay on or under budget. Lake Committee (Supervisor Wolfgram) Central printing bill for slow no wake signs were they approved by board? Attorney Wassel said no, but it should be paid. $220.00 Committee recommends hiring Baxter Woodman to do verification of Browns Channel. Many complaints, a proposal from Mark (Engineer) to spend up $3000 on looking into depths. Looking at the contractor’s agreement, insurance and responsibilities both from damage and quality of work. If any discrepancies we should be able to go back to contractor and find out how they will handle it. Committee recommends having Attorney Wassel’s office handle hiring of Baxter Woodman to do work for Town on Brown’s Channel Project. People with damage to seawalls will be given a packet with information and address of Phenco to collect damages. October 4 is the next meeting there will be a presentation from USGS. Request to use Town Hall, Committee Chair needs to call Ed Thompson and find out if he can postpone court. After USGS presentation committee would like to have meeting with Leisch and Baxter Woodman for them to give presentation on scope of the Inlet project. How they would propose to handle it. Attorney Wassel stated Don Holst is working on the issue with finalization of Mound Road. Phenco was the prime contractor but did not do the work, instead hired a subcontractor. The subcontractor got to a hard pan in the most recent dredging and walked away. Don has done charts and graphs, what is the status of that? Supervisor Wolfgram stated Don and Josh met with DNR about depth of ponds and had to make changes with County zoning. When wetland was built there was to be a zoning change that was never done. Walworth County is going to get done quickly, so Town can build berms and stock pike spoils at location instead of hauling it away. Application to amend and existing conditional use permit and Petition for amendment of the Walworth County Code of Ordinances will be filed out by Leisch. Plan Commission (Chairman Polzin) Commission made a motion to recommend to Board to grant final approval of plat for the Oaks Subdivision. Commission made a motion to recommend to the Board to approve Château changes on conditional use to modify the building set back lines. Commission made a motion to recommend to the Board to approve amended set backs for Shawn and Jackie Gaffney property. Commission made a motion to recommend to the Board to deny the request for variance to change the size and location of the residence of Mike and Denise Bishoff property Gil Court. Subdivision on Brigs and Amos Roads to be tabled until next Plan Commission Meeting. Planning Commission recommends to board to deny to Fontana Ventures Limited (Paul Demchenko/Roller Rink) to have rezone from P1 or P2 to B2. Two homes rezone to be rezoned, vacate the road; (house street and alley). Chairman Polzin received message from Paul Demchenko on Town Hall phone asking to meet with Chair to help with what he could do with the property. Chair Polzin felt he needs a planner, and is not Chairs job to advise him how to develop his property. Chairs job is to vote with planning commission on what is or is not allowed. Chair will contact and let him know he will have to hire outside planner. Planning Commission discussed Tullymore Glen and what may have to be done down the road, possible curb and gutter requested at earlier date, not sure that is really what town wants. Possible more costly for town. Maintenance to storm water control system, who will maintain?? Contractors Homeowners or Town Park 2-3 acres who will own it??? Possible dedication to town?? E.T.Z None All Other Recommendations Chair Polzin to change Smoking Ordinance, no smoking within 30 feet of buildings and no smoking in park building, proposes to get a stencil to stencil on wall no smoking in building. Chair Polzin stated we have had problems in this building (Town Hall) and Police Department; they stand with door open and stand in doorway because it is raining out and the air conditioning is rolling out the door or the heat is rolling out and the cold rolling in. Chair Polzin stated I think we have to do that and get them out of the building, it says no smoking in the building. Whether 30 foot is the proper number, I don’t know. Attorney Wassel asked what are you trying to regulate, are you now going to measure 30 feet from the door, or a 30 feet radius around every town building. And are you going to put a stripe around it so it can be enforced? What is your goal?? If your goal is to have this directed at town employees then lets just amend the personnel policy that says you can not smoke on town premises. If you are trying to enforce it so you write tickets to the public then you are going to have to be able to figure out where 30 feet is. It is real easy to amend the personnel policy, but how are you going to post signs 30 feet around every building that you can enforce. Chair Polzin asked what businesses do that you can not smoke within 30 feet of their door. Attorney Wassel stated they cannot enforce it, what they are going to do! Is Mercy Hospital going to send out their… Chair Polzin stated they do theirs, no smoking on the entire property. Attorney Wassel stated exactly, if you are trying to regulate your employees then put it in your personnel policy; if you are trying to do it to the public then you are going to have to give them notice. Supervisor Sessner stated you come here and there are butts all over the ground and it is not the employees, its’ the other people that come here. Chair Polzin stated well no, the door is open and standing in the door way are the employees. When you go by the Police Department over here, 50% of the time the back door is open and the smoke is rolling out. I have actually gone into the Chief of Police office and his ash tray was on the desk, and employees were in his office and there was ashes all over the desk It clearly states that there is no smoking in any town building. Now what we have to do is define what we mean. They can stand there letting the heat and air-conditioning out. Attorney Wassel stated that is what I am saying if you are going to write an ordinance where they are going to be out there writing tickets to people, not that they are going to, it is a practical matter. Who are you trying to regulate? If you are trying to regulate your own employees you can do it through the personnel policy with out having to publish an ordinance or go through any of that stuff. If you are trying to regulate the general public that is a hard thing to do, because then you have to some how define that area around the building where it is prohibited. Chair Polzin stated well I definitely want to see signs go up in the town park building; whether or not you let them smoke within 30 feet of the building, but they are definitely down there because there are all different groups down there, and there is not the same supervision. I think we should have it stenciled right on the wall. Supervisor Franzen stated what if it was 30’ within the door. Chair Polzin stated you don’t smoke down there any way Gary. Attorney Wassel recommended giving to the Administrative Committee to handle. Chair Polzin stated well as far as these building go that is fine. We can just put it in the manual. But as far as the park goes inside the building. Supervisor Sessner suggested to just put a sign on the building no smoking on the premises. Attorney Wassel stated right now the state statute permits you to enforce it within the buildings; it does not permit to enforce it in the parking lot. Chair Polzin asked “How do school’s get away with it.” Attorney Wassel stated they are under a different jurisdiction. Supervisor Sessner when you put a sign out in front of a building no smoking on premises, no one smokes, they take that as land. Chair Polzin stated if we are going to change that ordinance we have to look at it, it used to say that designated areas could be designated by Town Board as smoking areas. I would like to see that part come out of it. I guess take that authority away from the Town Board that they cannot designate any area as smoking area that we deemed smoking. I would like something done as far as that smoking ordinance. Attorney Wassel stated have your committee took at it. Attorney Wassel stated it is a strong possibility that we may need to require a special meeting next week and I just want to know if everyone will be available next Thursday. No date and time was finally decided. Adjournment Motion made by Supervisor Jones to adjourn with a second by Chair Polzin approved unanimously. Adjournment at 9:30 PM Minutes Respectfully Submitted by _____________________________________________ Dixie Bernsteen – Town Clerk