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Town of Lodi 2019-09-24



SEPTEMBER 24, 2019

1. Call to order, roll call & Pledge of Allegiance: Meeting called to order at 6:00 p.m. by Chairman Henry.
Board members present: Brian Henry, James Brooks, Chad Wolter. Aaron Arnold (arrived late @ 7:15 due to
work). Absent (excused): Jon Plumer. Other staff present: Deputy Clerk-Treasurer Jay Gawlikoski, Public Works Director Roger Henn, Atty. Lawrence Bechler, Atty. Mario Mendoza. Also present: Peggy Joutras (Realtor, First Weber), Richard Scanlon, Roberta Arnold, Jim Tooley, LAFD Fire Chief Bobby Annen, LAEMS Director Russ Shafer, Rich Braun, Allison Seaton, Jim Seaton, Thomas Yaeger, Bob Collins, Jim Wartinbee,

2. Citizen Input: Jim Wartinbee (W11406 Bay Dr.) following up on the dead tree on the Cleary property. Brian Henry – a 2nd letter will be sent out with deadline to remove tree(s). Note: Send copies of letters to Jim Wartinbee

3. Richard & Paula Scanlon – Certified Survey Map: Scanlon’s are purchasing 4.3-acres from adjacent Cupola Projects LLC/John Manchester 14.3-acre Parcel 11022-598 and adding it to their current 4.05-acre Parcel 11022-597.07. Located in Section 26, Town 10N, Range 8E @ W10353 Dalton Road:

Note 1: 09/23/19 Quit Claim Deed prepared by/received from Atty. Bechler for the portion of Cupola Projects property lying northerly of CTH K right-of-way, using information from the Certified Survey Map and from the Columbia County website as to the ownership of the property north of CTH K, which is parcel number 584.

Note 2: 09/24/19 revised CSM, prepared by Williamson Surveying, with 33’ of Lot 1 dedicated received today @ 4:19 p.m.; approved by Atty. Bechler at 4:45 p.m. Bechler – Quit Claim deed was sent out 9/23, Goeske forwarded it to the owners and real estate agent. There is a current Joint Driveway Agreement already on file with the Columbia County Register of Deeds. And a revised CSM as noted above.

(a) Public Input: none

(b) Town Board action:

Henry/Wolter motion to approve revised CSM received today including the Quit Claim Deed, Joint Driveway Agreement; MC 3-0.

Henry/Wolter motion to correct it from 4.0 acres Scanlon are purchasing to 4.3 acres; MC 3-0.

4. LAEMS 2020 Budget (Lodi Area Emergency Medical Services) – Attachment A: Shafer – the budget being presented tonight is w/o the added health insurance expense line. The budget also includes the revenue received from the contract with the Town of Dane. Henry – one concern was the mid-year increase in salary this year for EMS Director (Shafer). Shafer – that was decided by the LAEMS Commission basing it on comparable. Brooks – the concern was how money was come up mid-year when it was not budgeted for. If there’s money to give a mid-year wage increase of 2.94% and not cause an overage in the budget then we’re taxing our citizens too much for EMS. Shafer – you’d have to ask your representatives on the Commission, I was not in on their closed session regarding this. Wolter – why is there such an increase in the WRS amount? Shafer – because we calculated wrong in the 2019 budget. Brooks – is there a line/money for an audit of the EMS books? Shafer – No, I was never told that an audit was going to be requested. Brooks – with the new LAEMS Intergovernmental Agreement the budget has to be approved unanimously by all 3 municipalities. How can we do this now? How can a change be made to the budget? Shafer – it wasn’t an official audit, but the findings of Robin Meier, who went through our financials, were presented. Goeske – that figure does not have to be in the LAEMS budget, it would be each municipality having to pay it’s share of an audit, so it’d be in each of the municipal budgets.

Henry/Wolters motion to approve 2020 LAEMS Budget as presented (Attachment A); MC 3-0.

5. LAFD 2020 Budget (Lodi Area Fire Department) – Attachment B: Annen – the budget calls for a 2.7% increase overall the 3 municipalities. With the new share formula the Town of Lodi’s share increased 25.0%, the City of Lodi’s share decreased 13.7%, and the Town of West Point’s share decreased 9.1%. (Town of Lodi share from $44,310 in 2019 to $55,397 in 2020). Increase are in INSERT, and most importantly vehicle maintenance. I am already over the $22,000 budgeted this year for vehicle maintenance, and there’s still more required work needing to be done yet this year. I’m trying to underspend in many budget areas this year because we need the money for vehicle maintenance. Also included is information for Vehicle Replacement Fund showing what each municipality should be setting aside each year. We’ve also put $1,800 in the 2020 budget for an audit. Brooks – since that’s not something you have to pay, you can move that into the Vehicle Maintenance budget line. Wolters – in 2019 you had $885 for storage rental but show nothing for 2020. Annen – we must have overlooked that, I can move some of the $1,800 for audit to that line. We will be changing who we have doing the maintenance on our trucks, hopefully that will result in better quality repairs and lower costs. Brooks – Annen is working on gathering figures on whether Engine #10 is worth continuing to repair. Ordering a new engine would be around $750,000. Allison Seaton – does the LAFD get any money from the WI Dept. of Ag; they used to. Annen – not any longer, the only revenue we get is the 2% money. Jim Seaton – we’re only kidding ourselves if we don’t start putting more money aside for future equipment purchases.

Wolter/Brooks motion to LAFD approve budget as presented (see Attachment B); MC 3-0.

6. Intergovernmental Agreements:
Note: both versions presented at meeting tonight are the ones from Town of West Point that they approved at
their Special Town Board meeting on 09/23/19. See Attachments C, D & E

(a) Lodi Area Emergency Medical Services (LAEMS) Agreement
Brooks – the basic territory that is listed in this document does not include the area served by LAEMS in the Town of Dane. Gawlikoski – the Town of Dane is not in the area, it’s provided services separately by contract. Bechler – the Town of Dane is served as a customer, not as a member of this district. So this wording is ok. Brooks – one thing that needs to be changed in both the LAEMS and LAFD agreements is labelling somehow the various versions of the agreement so we can know who voted on which one, since so many versions are going around now. Both the City of Lodi and Town of West Point have recently voted on these agreements, but whether they voted on the same version is unknown. Arnold – #3 states “…the ownership interest of each municipality in any emergency vehicles and equipment acquired by the District shall be proportionate to the respective contribution made by such municipalities as set forth in paragraph 2 above”. How is that determined when the share % now changes yearly. And in the event a building is built, then the share % for that year is what we use to determine our share of the loan. Bechler – usually in cases like this you hire a bond marshall and the loan is actually obtained by one municipality with the others making annual payments to that. Most times the % share is set at the time of the loan. Arnold – should that be in the agreements? Bechler – possibly. Brooks – we run into an issue, is this something we need to vote at this time for. West Point has let us know that if there isn’t an approved agreement by the end of September, they will withdraw from the LAEMS district*. So, is the draft we have tonight something we should approve in good faith? Bechler – we should at least talk to the other municipalities and have them understand we’ve approved it, but there are still errors. Brooks – we approved a LAEMS 2020 Budget tonight that includes the Town of West Point, so that shows we’re acting in good faith. But I’m afraid if we don’t act tonight, then West Point could withdraw. Wolter – per West Point’s letter below their main concern was the share %, and that has been addressed.

*5-minute break for Clerk to find the following: Letter dated 09/24/2018 from Town of West Point

Arnold – I’d let the other 2 municipalities that the Town of Lodi has approved both 2020 budgets for the LAFD and LAEMS, but we’re not approving these agreements tonight because we have serious concerns. Bechler – you could approve both agreements tonight to show you’re working in good faith, but send a letter to both other municipalities letting them know of our concerns and asking them to come back to the table for possible amendment(s), within the next 6 months to address (1) audit; (2) procedure for borrowing; (3) reference to real estate of the LAEMS. Arnold – I wouldn’t recommend doing that. Henry – we have addressed the concerns in the West Point letter, and we do have a good working relationship with the other municipalities.

Brooks/Arnold motion to not approve the LAEMS Agreement until the TOL, COL and TOWP can get on the same page, work on and agree on the same document; Vote: Roll call vote: Henry – no, Brooks – no, Arnold – no, Wolter – no. MF 4-0.

Brooks/Wolter motion to approve the LAEMS Agreement (Attachment C) as presented (Attachment C) providing there is a future amendment within 6 months from today to address (1) audit; (2) procedure for borrowing; (3) reference to real estate of the LAEMS; MC 4-0.

(b) Lodi Area Fire Department (LAFD) Agreement
Brooks/Wolter motion to not approve this agreement until who has the right to establish the charges for services rendered is added (was previously Section F in previous version, but this critical part has been struck out of this document, whereas other parts of Section F have been addressed in this agreement); Roll Call: Henry – no, Brooks – no, Arnold – no, Wolter – no; MF 4-0. Arnold – my comments regarding the same subjects missing in the LAEMS agreements apply to this one also.

Brooks/Wolter motion to approve LAFD agreement (Attachment E); Roll call: Henry – yes, Brooks – yes, Arnold – yes, Wolter – yes; MC 4-0.

7. Okee Schoolhouse:
(a) Foundation repair (Henn): Received the following email from Jim Greiber of Greiber Masonry after meeting with me at the Okee Schoolhouse:
“In response to your concerns about the exterior frost walls, I have 2 solutions. The first would be to remove the cement board at grade and fill all holes in foundation while making a tight fit to the bottom plate of the building to make it rodent proof for the time being. This is in now way a solution for the problems that the building is having. I believe the correct fix would be to excavate next to the building down 4′, pour a footing and then fill back up to the building with a Brooks – since the building is listed as being “of historical interest” could there be any grants we could get? Henry – should we possibly have an engineer look at this? Henn – probably a good idea.

Henry/Brooks motion to table at this time to get an engineer to inspect it; MC 4-0.

(b) Winterization plans: Only reservation for it right now is October 10th. Henn will winterize, close building after that.

(c) Sidewalk and Fence Construction/Replacement: Henry – the CTH V project found that the height of the sidewalk now being put in front of the Okee School, and they gave me 3 options to rectify the problem. There will be no cost to the Town. Henn – the straightest options from the front door would be the best. Henry – I’ll let them know Options 1 or 2 would be preferred.

Henry/Arnold to approve sidewalk to come straight off the school door towards the ADA ramp; MC 4-0.

8. General Engineering Company:
(a) Notice of Building Inspection Fee Adjustment:
(b) Agreement Update/Revision
Brooks/Henry motion to table until October meeting; MC 4-0.

9. Columbia County Solid Waste Dept.:
(a) First Amendment to existing Contract between Columbia County, WI and the Town of Lodi:

Brooks/Wolter motion to approve, with per pull fee increase from $80 to $90; MC 4-0.

10. Transfer Site:
(a) Fee update(s):

Henry/Brooks motion to increase the following per recent increase at Columbia
County Solid Waste Dept.; MC 4-0.

11. 2019-2020 Operator Licenses – Laynee Gander (KD’s), Joseph Benish (KD’s):
Brooks/Wolter motion to approve; MC 4-0.

12. Ad Hoc Triangle Committee:
(a) appointment of 2nd Town Board member to committee (Town Chairman automatically is the 1st member). Brooks – I volunteer to be on the committee.

Wolter/Arnold motion to appoint Brooks; MC 4-0.

13. Public Works:
(a) Town Hall meeting room lights: Henn – I found that 8 of the sockets the lights are inserted into were burned. I found that the LED lights that were installed in 2018 by a former Town Board member were not the right ones, weren’t and couldn’t be installed correctly. I had Art’s Electric come out and fix, repair and replace all the bulbs to the correct ones.

14. Town of Lodi 2020 Budget Introduction:
Henry – take these home, go over them.

15. N2787 Cross Street Culvert:
Henry – I volunteer my time to help take these rocks out of there (with Roger Henn and town equipment); they can be used at the Transfer Site. Then the ditch can be restored and the adjacent property owner can maintain it more easily. Jim Seaton – shouldn’t this be something that should be include in a road project, to correct problems like this? Brooks – I’d like to hear what our Town Engineer says about this.

Henry/Brooks motion to have the Town Engineer look at it and give us options; MC 4-0.

16. Motion to go into Closed Session per Wis. Stat. 19.85 (1)(c) – Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility:

Brooks/Wolter motion to go into closed session at 8:27 p.m.; MC 4-0.
(a) Clerk/Treasurer
(b) Public Works Employee

17. Motion to go into open session:

Henry/Wolter motion to return to Open Session at 9:54 p.m.; MC 4-0.

18. Action on closed session
(a) Clerk-Treasurer – no action taken
(b) Public Works employee:

Brooks/Henry motion that Roger Henn can carry over any unused 2019 sick time to 2020, any unused 2019 vacation to 2020, he can start using accrued vacation and sick time effective immediately; MC 4-0.

Note: 2019 vacation time is 80 hours (10 days) and sick time is 48 hours (6 days)

19. Motion to Return to Open Session. Duplicate of #17

20. Any Action on Closed Session matters: Duplicate of #18

21. Road Projects:
Estimated remaining road budget is $104,101

(a) Gallagher Road: estimate $54,090 (Pulverize, add 2″ of gravel base, saw cut driveways to match road, water, shape and compact; Pave a 2.5″ surface mat; 2″ gravel shoulder)
(b) Rapp Road (Dead End Section by N2555 Rapp Road; 130′ x 17′): estimate $1,351 (Full width sealcoat application of emulsion and fractured limestone; sweeping before and after, signage and traffic control included in estimate).
(c) Crack filling: estimate $24,000 (work completed last week)

Brooks/Arnold motion to approve Gallagher Road and Rapp Road work; MC 4-0

22. Reports:
(a) Chairman Report (Henry):
High capacity well – I’m still waiting for a plan from the LAFD. Wolter – what is the expected cost for the town? Henry – approximately $41,000. Wolter – I think for the cost it’s not worth the town investing in.
(b) Clerk-Treasurer Reports (Goeske/Gawlikoski):
(I) Town Board Minutes of August 27, 2019: Brooks/Arnold motion to table to October meeting; MC 4-0.
(II) Revenues vs. Expenditures Report thru 09/20/19:
(III) Payment of Bills thru 09/20/19: Brooks/motion to approve as follows; MC 4-0.

Town of Lodi Disbursements Summary
for Town Board Authorization
Aug 24 – Sep 20, 2019
Count Type Begin # End # Amount
3 Electronic Payments EP0037 EP0039 $4,615.02
5 Debit Card Transactions DC0098 DC0102 $1,664.41
13 Direct Deposit Paychecks DD1126 DD1138 $9,517.46
46 Checks – Settlers Bank 23790 23835 $47,020.83
67 Disbursements Totaling: $62,817.72
(IV) Building Permits thru 09/20/19: Attachment F
(c) Commissions/Committees/Districts/Departments:
(I) Plan Commission (Henry/Wolter): met 09/10/19 re: Richard & Paula Scanlon – Certified
Survey Map and Clifford & Mary Ohler – Certified Survey Map. Scanlon CSM approved,
Ohler CSM tabled until 10/8/19 meeting.
(II) Park Commission (Brooks): met 09/18/19. We approved a bill for about $6,000-$7,000
to patch the hole in the roof at the Byrns Park Shelter, but we will not be billed until after
01/01/2020. Also approved cutting down a tree for $2,880 at the Summers Park.
(III) Transfer Site (Henn): Looking for help.
(IV) Other Commission, Committee, Department reports: None

23. Upcoming meeting date(s):
Special Town Board Meeting (to work on 2020 budget) will be Thursday, October 10th beginning at 5:00 p.m. at Lodi Town Hall.

24. Future agenda items:
CCEDC request for funding, Fire Call rebilling policy, Bar Buddies Lodi (Sheri Hicks) re: financial assistance, August 27th Town Board meeting minutes, August 29th Town Board meeting minutes; General Engineering contract,

25. Adjourn: Wolter/Henry motion to adjourn at 10:25 p.m.; MC 4-0.