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September 9, 2009 Committee of the Whole
Minutes of Town Board Committee of the Whole September 9, 2009 1. Call to order by Chair Burwell at 6:00P.M 2. Roll Call Clerk Bernsteen called the roll all were present. 3. Chair Burwell Declared a Quorum was present for doing business 4. Approval of the Agenda Supervisor Simons made a motion to approve the agenda with a second by Supervisor Militello motion carried. Chair Burwell stated that we would wait for the engineer to come before discussing item “a”. 5. Communications Clerk Bernsteen stated Open Book will be scheduled for October 6-12 with Board of Review starting on the 15th of October. Chair Burwell stated that all Board members that would like to attend the Southeast Area Land & Water Conservation Association Tour on September 17 please turn in your registration form by Friday September 11. Tom Lothian Donated a laminated map of Wisconsin that can be displayed in the Town Hall. 6. Comments and Suggestions of Citizens present regarding items on the Agenda Don Holst item “d” is a contract from Lake Committee and is a key part in rehab of the lake and would like it put onto next weeks meeting agenda and the committee recommends that it be approved. Dan Heath item “c” Park Manager has been working with the town very closely for the past years, the committee recommends that the board approves the 3 year contract, he would have the stability to put other programs together, and a 38% increase from 35%. 7. Committee Reports 8. New Business: a. Discussion: Delavan Highlands Stormwater/Drainage Possible Assistance The Delavan Highlands representatives Barb Smith and Mikel Eglite presented the problems with the water issues the Highlands Subdivision is having. The water flowing off of “County O” is conflicting with other water flow and surface ditches. The flow of water overtakes two systems on Spruce and Poplar Drives onto Central Avenue. Engineer Mark Kolczaski suggested to first checking to be sure all culverts are open and possibly replacing bigger culverts. Chair Burwell asked what kind of assistance they were looking for. Mikel Eglite really wants to know what the Delavan Highlands can do for themselves and could the Town look at their studies to make sure they coincide with what actually needs to be done. Spruce and Poplar are Town Roads the remainder of the affected are is all private roads. Administrator Olson asked the engineer what it would take to go through what Mikel Eglite and Barb Smith have presented. Mark Kolczaski stated 2-4 hours. Chair Burwell suggested this go back to Public Works and have Engineer Mark Kolczaski look at what needs to be done. b. Discussion: Brown’s Channel Special Assessment Issues—SS Manor Marc Wetterling, Dennis Royalty and Russ Richter of South Shore Manor Association, the Association did not feel right that parks were assessed for special assessment. The first mailing one park was listed as exempt and they assumed that all other parks were also exempt but instead were assessed. They paid one of the parks at approximately $500. The association could not pay the other assessments and are now delinquent for taxes. Supervisor Simons asked what entity should pay for the cost. The association felt that they should have been divided into all property owners (75). There question is park land exempt from special assessments? Supervisor Jones stated he felt we need to develop a policy due to this going to pop up again with other subdivision. Chair Burwell asked of Attorney once this has been special assessed and put on in error, does the town have the ability to take these two bill and special asses next year. Attorney Sholze stated that there is a provision in the statue to correct errors in the assessment even after you have started collection. That fact that the property may or may not be exempt from property tax does not impact the ability of levy special assessment. The question is not whether it is taxable but whether if it benefits from the project that you want to share in the cost on. Also keep in mind that there is a statutory provision that allows an amendment, but the town would have to go back through the same steps it did for the original assessment. Chair Burwell stated that the Attorney Scholze should investigate and give the board a legal opinion. Dennis Royalty stated that he felt the board should make a decision on what should happen in the future if this should happen again. Chair Burwell stated that this be put on Administrative Committee for a procedure to be put in place if parks are to be included as part of assessment or exempt. Mary Knipper 2325 Lake Shore Drive asked if the Town could do anything to help with the delinquency at the County level. c. Discussion: Park Manager Contract Extension Negotiation Supervisor Sessner asked what is the process to make changes to park contractors’ contract; should it go through the Park Committee or the Town Board? Supervisor Militello stated that the Park Committee negotiates the contract and then brings to board for approval. Changes to be made are: extension of contract from 2 year to 3 year, weekly reports, increase percentage 35-38%, equipment list annually, promotions approval of Park Committee and or Town Board, title from Pak Manager to Harbor Master, create new programs. Supervisor Jones stated that at the Administrative Committee meeting it was discussed making Administrator Olson the department head for the Park Contractor. Supervisor Militello asked to wait until budgeting process was completed before making changes to the contract. d. Discussion: Proposed Contract for Loading and Trucking Spoils from Inlet Dredge Supervisor Simons stated that the Lake Committee recommends the approval of the proposed contract for loading and trucking spoils from the Inlet Dredge. Administrator Olson stated there were two issues, the route trucks are taking to be trucked; Don Holst stated it should either go Town Hall to Hwy 50 then Theatre or Town Hall to Theatre. Hwy Foreman Mike Petkoff stated it would have to go Town Hall to Hwy 50 to Theatre. The second concern was the remote liability. e. Discussion: Lake Maintenance Projects Financial Planning Supervisor Simons asked with the three ongoing projects of Lake Committee, thinking long term and not wanting the city and town to be surprised with a large amounts of money, how an/or could funds be set up as dedicated reserve account for Lake Projects. Attorney Scholze with out more reading he could not give a firm opinion, but if a current board creates a reserve from general tax and future boards can take away. Chair Burwell agrees it is a proactive step and she would like to be proactive, but citizens do not always feel that way. Supervisor Jones stated that by borrowing future residents help pay for the project. Attorney Scholze will look into further and give a legal opinion. f. Discussion: Lake Committee Replacement—Pelletier Chair Burwell stated that the Sanitary District would like to have their Commissioners only reside on one assignment. John Pelletier is on Plan Commission and Lake Committee. Chair Burwell asked if the board would prefer to have John Pelletier do a formal resignation or would they prefer putting on the agenda to make the switch and put John Buckles as his replacement from the Sanitary District. g. Discussion: Town of Walworth Proposed Fire Agreement Supervisor Simons stated that the Fire and Rescue Committee recommends that this be approved. Chief Edwards gave a brief description of what would happen with this agreement. Chair Burwell asked if this was going to be a legal document that the board would sign; Chief Edwards stated yes this is just a preliminary. h. Discussion: Resolution #9-2009 Placement of Snow Chair Burwell stated this is being created so residents can be fined if snow is plowed in the road right away improperly they can be fined. Supervisor Jones asked how this would be enforced it does not state that in the resolution. Chief Smith stated that it is covered under Ordinance Chapter 10. i. Discussion: Resolution #10-2009 Off-Road Vehicles Chair Burwell stated that Chief Smith have this sent back to the Police Committee to clear up some questions that he had. j. Discussion: Resolution #11-2009 Dilapidated Piers Chair Burwell stated we had some complaints about some really bad piers, and so will be added if approved. k. Discussion: CSM, Affidavit of Correction, and Final Plat for Jennifer Litowitz, 3240 North Shore Dr. (FEW 00001 – 00007) for “Camp Delavan” Chair Burwell asked if any board members had any questions or need an explanation. No Discussion. l. Discussion: Variance request by Randy Greene, 4237 Cherry St., for a Covered Porch Chair Burwell asked if any board members had any questions or need an explanation. Supervisor Simons knows it is in violation, and yet the board is recommending the variance. Others in the neighbor have done the same thing; so we are recommending a variance because others in the area have done the same thing which is a violation of the set backs. Chair Burwell stated that part of the discussion was to the applicant telling him that the town would pretty much like you to match everyone else and we do not have a problem with him putting a porch on, but the County will probably deny you. The Board of Adjustment has specific criteria they need to meet and his project does not meet the criteria. We will let the County be the bad guy, because they do not have any choice. m. Discussion: Profession Building Inspection Services Administrator Olson stated that Mr. Mesler of PBI (Professional Building Inspections, Inc) has tried in the past to get the town to use his services, and he told him that he would pass the information onto the board. n. Discussion: Attorney attendance at the September Board Meeting It was decided that he will not be needed. 9. Comments and Suggestions of Citizens Present Janice O’Connor, asked when talking to the Fire Chief about North Walworth Road to County O and to Hwy 14 would that be the Town of Delavan covering that area and would it include The Covered Bridges Subdivision if it is built? Chief Edwards stated yes, the first part of our discussion with Walworth has not included new equipment, which will come later. Don Diechsel stated going back on the special assessment, most subdivisions are set up that there is a community organization. They (each owner) have been charged in the past for special assessments of the park properties. Administrator Olson stated that also the payroll frequency of Town Clerk, and change in dog license fees needs to be added to the agenda. 10. Adjournment Supervisor Simons Supervisor Sessner Supervisor Simons made a motion to adjourn the meeting with a second by Supervisor Sessner motion carried. Meeting adjourned at 7:25PM Submitted by: Dixie Bernsteen, Clerk