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April 18, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
April 18th, 2006
The regular monthly meeting of the Town of Delavan Town Board was
held at Town Hall after due notice had been posted.
Chair Pelletier called the meeting to order at 7:00 p.m.
Clerk Endisch called the roll.
PRESENT: ALSO PRESENT:
Chair John Pelletier Treasurer Shari Wisniewski
Supervisor Larry Malsch Clerk Colleen Endisch
Supervisor Dolores Nowak Attorney Wassel
Supervisor Wayne Polzin Chief Andrew Mayer
Supervisor Bill Endisch Chief Gerald Edwards
Audience: Approximately: 25 people
Press: Matt Schwenke
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
Jim Johnson a resident of Westshire Farms stated he would like his
concerns heard before this board. Mr. Johnson stated he had a concern
regarding the article in the Delavan Enterprise about the tax status
of Westshire. Mr. Johnson stated that prior to moving to Westshire he
spoke with the Town Assessor who assured him that the project was a
legitimate program issued by the State with no stipulations. Johnson
said the Town Board at that time had no issue with the project and the
residents in the area didn’t raise any question. Johnson reported the
developer met with the town and came up with an agreement for police,
fire, rescue, parks, and lakes and agreed on a fee. Any Westshire
citizen pays a monthly association fee which includes these fees to
the Town. Jim added the newspaper article refers to Westshire not
paying school taxes, we don’t have any children. Supervisor Pelletier
stated he has no debate about Mr. Johnson’s facts, but one of the
Supervisors of the Town has asked for information regarding the tax
exempt status of Westshire from the assessor, who is working with the
Town Attorney. Mr. Johnson responded he doesn’t understand why this
conversation keeps coming up with the town. Mr. Johnson informed the
board that the State is looking at this issue and certain changes
could be forth coming and he doesn’t know what the outcome of that
would be. Mr. Johnson said his biggest issue is that the Town
Supervisors should be representatives for all citizens of the town and
for one of them trying to divide the town, pit neighbor against
neighbor is wrong. Mr. Johnson state the Town should be working
together.
Gordon Kuchta, a Westshire resident stated this board is concerned
about polluting the lake, but not concerned about polluting neighbor
against neighbor. Kuchta said the senate and legislature are looking
at this issue, but meanwhile we are cutting each others throats.
Kuchta remarked that many of the residents of Westshire have been born
and raised, paid taxes in the county and we are citizens, not from
Mars. He added that many residents of Westshire run food pantries,
volunteer at hospitals, governmental agencies, provide hospice care,
etc. He would like to see a little discretion used here and try to
keep harmony in the community.
Presentation for Recognition of Supervisor Hummel for his years of
service as a Board Supervisor.
Chair Pelletier presented Mr. Hummel with a plaque recognizing Mr.
Hummel for his service, he told him not to stay a stranger, but if he
does we know where to find him.
Approval of Minutes:
Town Board Meeting, March 21, 2006
Special Town Board Meeting, April 3, 2006
Town Board Work Meeting, April 12, 2006
Supervisor Malsch made a motion to approve the minutes from the Town
Board Meeting March 21, 2006, Special Town Board Meeting, April 3,
2006 and the Town Board Work Meeting of April 12, 2006 with a second
from Chair Pelletier. Chair Pelletier and Supervisor Malsch reported
two changes, which Clerk Endisch will edit. The motion carried
unanimously.
Town Board Reports
All committee and Town reports are on file in the Town Hall Office.
Treasurer's Monthly Report
Treasurer Wisniewski pointed out the balances in the account as of,
April 17, 2006. Chair Pelletier made a motion to accept the
Treasurer’s Report and place it on file in Town Hall with a second by
Supervisor Nowak and the motion carried unanimously.
Finance Committee recommendation regarding payment of monthly bills.
Supervisor Nowak made a motion to pay bills starting with 46450 thru
46606, with a second from Supervisor Polzin and the motion carried
unanimously.
Committee Reports
Chair Pelletier reported that all committee reports are embodied in
the minutes of the individual committees which are on file with the
Town Clerk
Old Business: None
New Business:
a.Discussion/possible action on Town Chairman appointment to standing
committees and commissions per Sec. 1.11(2) of the Municipal Code.
Chair Pelletier said he made an attempt to put each board member on
committees they expressed interest in. Chair Pelletier read the new
assignments (copy attached to minutes) and reported there is no change
of regular committee members. Supervisor Malsch made a motion to
approve the appointment to standing committees and commissions per
Sec. 1.11 (2) of the Municipal Code with a second from Supervisor
Nowak and the motion carried unanimously.
b.Discussion/possible action on appointment of consultants for the
ensuing year.
Chair Pelletier read each consultant appointment (copy attached),
which he added is retaining all the current contractors. Supervisor
Nowak made a motion to approve the appointment of the current
consultants for the 2006-2007 year with a second from Supervisor
Malsch and the motion carried unanimously.
c.Discussion/possible action on Town Board motion to affirm all prior
resolutions heretofore adopted by the Town Board: Resolution # 1 - #
180, except those repealed. Chair Pelletier reported this item along
with many of the first agenda items are annual requirements.
Supervisor Polzin made a motion to affirm all prior resolutions
theretofore adopted by the Town Board: Resolution #1 - #180, except
those repealed with a second from Bill Endisch and the motion carried
unanimously.
d.Discussion/possible action on proposal to designate the Delavan
Enterprise as the Official Newspaper in the Town. Chair Pelletier
stated the Delavan Enterprise has been the official newspaper for the
Town a long time, and pointed out they meet the statutory requirement.
Supervisor Endisch made a motion to approve the Delavan Enterprise as
the official Newspaper for the Town with a second from Supervisor
Malsch and the motion carried unanimously.
e.Discussion/possible action on proposal to designate Walworth State
Bank L.G.I.P. and Community Bank of Delavan as the official
depositories for the Town of Delavan. Supervisor Polzin made a motion
to designate Walworth State Bank L.G.I.P. and community Bank of
Delavan as the official depositories of the Town of Delavan with a
second from Supervisor Nowak and the motion carried unanimously.
f.Discussion/possible action on recommendation of the Administrative
Committee to adopt Ordinance # 269, the increase the fee for Direct
Sellers Permits. Supervisor Nowak made a motion to dispense with the
first reading of Ordinance # 269 and move on to the second with a
second from Chair Pelletier and the motion carried unanimously.
Supervisor Nowak made a motion to dispense with the second reading and
adopt Ordinance # 269 repealing and recreating Section 11.15 (4)(c)(i)
(a) of the Municipal Code increasing the fee for Direct Sellers
permits to $ 50 with a second from Chair Pelletier. Attorney Wassel
pointed out the fee has been doubled, it hadn’t been changed in years
and the $ 50 barely covers the Town’s cost. The motion carried
unanimously.
g.Discussion/possible action on acceptance of resignation of Lester
Primasing from the Fire and Rescue Committee. Chair Pelletier stated
in a conversation he had with Mr. Primasing, Primasing tendered his
resignation, effective April 11, 2006. Pelletier added he appreciated
all his efforts regarding creating healthier air quality for the Town
of Delavan. Chair Pelletier stated he accepts the resignation of
Lester Primasing effective April 11, 2006, with regrets. Supervisor
Endisch seconded the motion and the motion carried unanimously.
h.Discussion/possible recommendation of appointment to the Fire and
Rescue Committee. Chair Pelletier stated that Herb Sessner has
expressed an interest in the vacated committee position. Pelletier
added that Mr. Sessner is a frequent attendee at all of the town
meetings. Mr. Sessner has a background that lends a different type of
expertise to the committee. Supervisor Polzin made a motion to
appoint Herb Sessner to the Fire and Rescue Committee with a second
from Supervisor Nowak and the motion carried unanimously.
i.Discussion/possible action regarding the rezone for Susie Zeiser,
across the street from 2101 S. shore Dr., Tax keys FMP00001, FD2700001
and FD2700001A. Chair Pelletier reported that Ms. Zeiser has been
before the plan commission multiple times and the plan commission is
recommending this rezone from C-2 to R-2, in which should be able to
re-divide the parcels into 3 home sites. He added all would be in
excess of the 40,000 sq ft as required by the R-2A guidelines. Chair
Pelletier made a motion to approve the rezone for Susie Zeiser, 2101
S. Shore Dr. from C-2 to R-2 with a second from Bill Endisch and the
motion carried unanimously.
j.Discussion/possible action on recommendation of the Public Works
Dept., to accept the bid from Bobcat Plus for a new chipper @ a cost
of $ 25,049. Chair Pelletier reported that $ 30,000 had been budgeted
and based safety features and mechanical features, the Bobcat Plus is
being recommended to purchase. Chair Pelletier made a motion to
accept the bid from Bobcat Plus for a chipper @ a cost of $ 25,049
with a second from Supervisor Polzin and the motion carried
unanimously.
k.Discussion/possible action on recommendation of the Public Works
Dept., to amend the Labor Agreement with Local 2171, AFSCME, AFL-CIO
for the 2005-2007 to change the language to extend the probation
period for a new employee from six months to one year. Chair
Pelletier stated the employees of the Public Works Dept. asked the
union for this change, and the union agreed to the change. This
change is extending the probationary period for a new hire to twelve
months from six. This will give the new hire a year to work thru all
the seasons of the year. The union agreed to change until the end of
2007, when the contract expires. Chair Pelletier stated he wants to
commend the Public Works Employees for initiating the effort on this
item. Chair Pelletier made a motion to amend the Labor Agreement with
Local 2171, AFSCME, AFL-CIO for the 2005-2007, to change the language
to expend the probation period for a new employee from six months to
one year with a second from Supervisor Polzin and the motion carried
unanimously.
l.Discussion/possible action on recommendation of the Public Works
Dept., to approve the hiring of a P.W. Crewman. Chair Pelletier
stated the Public Works Committee are recommending on hiring Mr. Zink,
who was the leading candidate. Mr. Zink has met the P.W. crew. Chair
Pelletier made a motion to recommend the hiring of Mr. Zink, based on
his passing a pre-employment physical and drug test with a second from
Supervisor Polzin and the motion carried unanimously.
m.Discussion/possible action to authorize Chair Pelletier to meet
with Shodeen concerning the Jackson Creek project. Chair Pelletier
asked the board to give him authorization to meet with Shodeen outside
of posted meetings and that he would not be a committee of one. He
would see his role as it was with the DLSD and the lake projects.
Pelletier said he would keep everyone informed; this is not an effort
to get ahead of everyone else but to keep the project moving forward
in an orderly fashion. He will inform the Board in writing of any
discussions and/or proposals, etc. Supervisor Polzin made a motion to
authorize Chair Pelletier to meet with Shodeen individually concerning
the Jackson Creek project with a second from Supervisor Malsch and the
motion carried unanimously.
n.Discussion/possible action to authorize the Town Chair to enter
into a Memorandum of Understanding between Walworth county and the
Town of Delavan to provide Handicapped Accessible Voting Equipment, as
required by HAVA. Chair Pelletier reported that Clerk Endisch has
provided everyone with the information regarding this state mandated
equipment all municipalities are required to purchase. The County is
coordinating an effort to purchase the equipment, apply for the grants
and this would keep all the municipalities in Walworth County with the
same equipment. Clerk Endisch added this equipment would interface
with the current voting machine used, which would save in the cost of
printing multiple types of ballots for two different pieces of
equipment. She added there will be some upfront cost to the town but
we will be reimbursed thru a grant. Chair Pelletier made a motion to
approve entering into a Memorandum of Understanding between Walworth
County and the Town of Delavan to provide Handicapped Accessible
Voting Equipment with a second from Supervisor Nowak and the motion
carried unanimously.
o.Discussion/possible action to adopt Resolution # 181 – to advise
the legislative bodies the Town Board’s opposition to SB-1, regarding
ethics and financial disclosures for public officials. Chair
Pelletier explained that SB-1 would require local elected officials to
disclose all their financial dealings. We would be required to show
every share of stock we own, pension, retirements, private
investments, bank accounts, etc. Pelletier said for the $ 700 per
month he is paid he will not do this. Pelletier reported he contacted
Assemblyman Lothian regarding this and Lothian feels this has a good
chance to be passed. Pelletier doesn’t think this is appropriate, the
local governments have a hard enough time finding qualified officers
to fill these positions and he doesn’t know of any small town
government official who got rich at the town’s expense. Supervisor
Nowak stated the bill also requires you to provide the same financial
information for your family members. Supervisor Polzin made a motion
to adopt Resolution # 181 to advise the legislative bodies the Town
Board’s opposition to SB-1, regarding ethics and financial disclosures
for public officials. Supervisor Nowak seconded the motion and the
motion carried unanimously.
p.Discussion/possible action on awarding the contract to Burdick
Trucking for $ 1,000 for the grading and graveling the following
roads: Bennett, TK Lane, Babcock and Quiet. Chair Pelletier stated
this is the annual spring maintenance for the gravel roads that need
to be graded. The only proposal we got was from Burdick, all others
have declined. Chair Pelletier made a motion to award the contract to
Burdick Trucking for $ 1,000 for the grading and graveling the
following roads: Bennett, TK Lane, Babcock and Quiet. Supervisor
Nowak seconded the motion and the motion carried unanimously.
Adjournment:
Supervisor Nowak made a motion to adjourn the meeting with a second
from Supervisor Malsch and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 7:48 PM p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair