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August 15, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
August 15, 2006
The regular monthly meeting of the Town of Delavan Town Board was
held at Community Park 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 Mechanic, Thomas Thiele
Supervisor Wayne Polzin
Supervisor Bill Endisch
Audience: Approximately: 55 people
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
Supervisor Polzin stated that at the work night meeting his reference
to Mr. Carlson was that as the head of the school board, he wasn’t
interested in Westshire Farms not that he had spoke to Mr. Carlson
personally who told him that. Supervisor Malsch responded that isn’t
what the minutes of that meeting reflect and they were approved as
written. Polzin responded he isn’t asking the minutes to be changed.
Kim Christiansen asked that when the town board is deliberating about
the plan commission request to hire a person or firm as a planner that
they take time to search for the best qualified person/firm for this
job.
Grace Primasing asked if the board could please use the mike; they
can’t be heard in the rear of the building. Primasing also asked that
when the open burning ordinance is on the agenda if the citizens will
be able to have input into it. Chair Pelletier responded that the
ordinance is still at the committee level and yes the citizens would
have the opportunity for input. Supervisor Polzin replied this
ordinance should be ready for the next meeting, next month.
Approval of Minutes:
Town Board Meeting of July 18, 2006
Minutes of Town Board Work Meeting of August 15, 2006
Supervisor Malsch made a motion to approve the minutes of the Town
Board Meeting of July 18, 2006 and the Town Board Work Meeting of
August 15, 2006 with a second from Chair Pelletier.
Supervisor Malsch and Chair Pelletier pointed out two corrections to
the minutes and Clerk Endisch will change.
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
August 14, 2006.
She reported there is currently 2.2 million in the general fund and
just over 1 million in the lake project funds.
Chair Pelletier made a motion to accept the Treasurer’s report and
place it on file in Town Hall with a second from Supervisor Nowak and
the motion carried unanimously.
Finance Committee recommendation regarding payment of monthly bills.
Supervisor Nowak asked if Supervisor Polzin would make the motion as
he is the co-chair of the finance committee. Supervisor Polzin said
he hasn’t attended any finance committee meetings yet and he would
like her to make the motion.
Chair Pelletier made a motion to pay bills starting with 47045 thru
47146 with a second from Larry Malsch 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 recommendation of the Administrative
Committee to approve the Class “B”/”Class B” Liquor License for
Blutarsky, LLC, Matthew Sloan Agent .
Supervisor Nowak made a motion to approve the Class “B”/”Class B”
Liquor License for Blutarsky, LLC, Matthew Sloan, Agent with a second
from Supervisor Endisch and the motion carried unanimously.
b.Discussion/possible action on recommendation of the Administrative
Committee to approve the expenditure of an amount not to exceed $
1,000 for Attorney Korom’s Office to review the updated Employee
Handbook and appendices.
Supervisor Nowak made a motion based on a recommendation of the
Administrative Committee to approve the expenditure of an amount not
to exceed $ 1,000 for Attorney Korom’s Office to review the updated
Employee Handbook and appendices with a second from Supervisor
Malsch.
Supervisor Polzin stated he is against approving this expenditure
and the board has not even seen a copy of it. Supervisor Nowak
answered the committee had some legal issues they need addressed
before the draft is presented to the board. Polzin responded he may
also have some issues; why should it go to the attorney twice; he may
come up with his own ideas on it. Chair Pelletier said he was in
favor of waiting for the completed form.
A roll call vote was taken: Chair Pelletier – Yes, Supervisor Malsch
– Yes, Supervisor Nowak – Yes, Supervisor Polzin – Nay and Supervisor
Endisch – Yes. The motion carried with a 4 to 1 vote.
c.Discussion/possible action on recommendation of the Administrative
Committee to approve the contract for the Town’s Assessor.
Supervisor Nowak made a motion to table the Town Assessor’s Contract
with a second from Chair Pelletier and the motion carried
unanimously.
d.Discussion/possible action on recommendation of the Administrative
Committee to approve the expenditure not to exceed $ 10,000 for the
renovation of the old police building and the move of the building
inspector and assessor.
Supervisor Nowak made a motion on recommendation of the
Administrative Committee to approve the expenditure not to exceed $
10,000 for the renovation of the old police building and the move of
the building inspector and assessor with a second from Chair
Pelletier.
Supervisor Polzin said he is opposed to this motion; there has been
no input from the town board. Supervisor Malsch responded this has
been discussed at the work meeting where you had a chance to voice
your opinion and chose not to.
The motion passed with, with 4 votes in favor and one opposed.
Chair Pelletier, Supervisors Nowak, Malsch and Endisch voted in favor
and Supervisor Polzin in opposition.
e.Discussion/possible action on recommendation of the Lake Committee
to approve the amended Liesch Environmental Contract for Brown’s
Channel.
Chair Pelletier explained that as a result of changing the spoils
site, reengineering is needed and the Lake Committee is recommending
we amend Liesch’s contract to accommodate these changes.
Chair Pelletier made a motion on recommendation of the Lake
Committee to approve the amended Liesch Environmental Contract for
Brown’s Channel with a second the Supervisor Endisch and the motion
carried unanimously.
f.Discussion/possible action on recommendation of the Park & Tourism
Committee to approve Resolution # 186 to apply for a grant to fund the
additions to the boat launch piers.
Supervisor Endisch reported he has received permission from DNR to
extend the current piers 30 feet at community park, which will help
alleviate the congestion and aid in safely docking watercraft in case
of a storm. Part of the DNR requirement is that the funds are made
available and a resolution be adopted as part of the application for
the grant. If the grant is approved 60% will be awarded to the town
and if not approved the town is under no obligation to perform the
work. The cost of the project will not exceed $ 15,000.
Supervisor Endisch made a motion to dispense with the first reading
and move on to the second for Resolution # 186 with a second from
Supervisor Malsch and the motion carried unanimously. Supervisor
Endisch made a motion to dispense with the second reading and adopt
resolution # 186 for the application for a grant to fund 30 foot pier
extensions at Community Park for a cost not to exceed $ 15,000 with a
second from Supervisor Malsch and the motion carried unanimously.
g.Discussion/possible action on recommendation of the Park & Tourism
Committee to approve extending the Community Park contractor’s year.
Supervisor Endisch said the Park & Tourism Committee is asking to
extend the Park Contractor’s year as the park can be promoted for
used for twelve months out of the year versus the seven months in his
current contract. The Park & Tourism Committee is working with
various other local groups on promoting tourism in the area.
Supervisor Endisch made a motion on recommendation of the Park &
Tourism Committee to approve extending the Community Park
Contractor’s year from January 1 to December 31 with a second from
Supervisor Malsch.
Supervisor Polzin asked if that included this year and Supervisor
Endisch responded yes. Attorney Wassel asked if the rentals would be
responsible for paying a heat surcharge and also remarked that
special community events would need to be reviewed on case by case
basis. He recommended that something be put in writing.
The motion carried unanimously.
h.Discussion/possible action to accept the resignation of Richard
Beers from the Park & Tourism Committee.
Chair Pelletier stated he received a resignation letter from Richard
Beers which stated that due to other community based commitments he
was asking the town accept his resignation for the Park & Tourism
Committee. Chair Pelletier remarked he wanted to thank Mr. Beers for
his years of service to the town.
Chair Pelletier made a motion to accept the resignation of Richard
Beers from the Park & Tourism Committee with a second from Supervisor
Endisch and the motion carried unanimously.
i.Discussion/possible action on recommendation of the Park & Tourism
Committee to appoint Tom Munion to the Park & Tourism Committee.
Chair Pelletier stated he spoke to Mr. Munion, who is a long time
resident of the town, who has much experience in community affairs.
Pelletier said that Mr. Munion will be a fine addition to the
committee.
Chair Pelletier made a motion to appoint Tom Munion to the Park &
Tourism Committee with a second from Supervisor Endisch.
Supervisor Polzin asked if Mr. Munion was at the meeting and
Supervisor Endisch responded no he had other commitments. Polzin
responded he knows nothing about him and Endisch responded he is
President of Central Printing and is on the chamber board.
The motion carried unanimously.
j.Discussion/possible action on recommendation of the Plan Commission
to approve a CSM for Peter Willemsen; 3475 TK Lane, Delavan WI
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve a CSM for Peter Willemsen; 3475 TK Lane,
Delavan WI with a second from Supervisor Malsch and the motion
carried unanimously.
k.Discussion/possible action on recommendation of the Plan Commission
to acquire the services of a Planning Advisor.
Chair Pelletier stated at the special planning commission meeting
the committee voted on recommended to hire a planning administrator,
either an employee or a consultant. The purpose would be to guide
both the board and the plan commission with the challenges of the
Shodeen development. Pelletier asked PDI, the current planning
company used, to prepare a proposal on how they could assist us in
looking at Shodeen on an ongoing basis along with help updating our
land use plan. He received a proposal back and basically the issue
he is looking at having approved tonight is for them to do an analysis
for the next special plan commission meeting. The cost would be
borne by the developer. The proposal goes on to assist in with other
planning issues. The first issue here is to that we would continue
to retain PDI to represent the board and plan commission in an
expanded role which would lead to their analysis at the next meeting
and continue on to update the master plan. Pelletier remarked he
feels comfortable retaining PDI to do an in-depth review of the
project.
Chair Pelletier made a motion to retain PDI to do an in-depth
analysis of the Shodeen project with a second from Supervisor Malsch.
Supervisor Polzin pointed out that in the land division ordinance
for a conceptual plan, the developer is to provide the commission
with six copies of the plan for the commission to comment on. He
feels the town has had this planner there long enough and she hasn’t
done anything. He thinks there is more than one opinion on this town
board and the board should be making an intelligent decision. He
added he doesn’t believe the town board is looking at the whole
picture and this should be turned down. He feels the town should
advertise for a planner or a firm to represent the town.
Supervisor Nowak responded she would view the book provided by
Shodeen as the conceptual plan, and is looking for more support from
the planner. Polzin responded the plan commission is in over their
heads and the town board should take more time and get information to
make the proper decision. Polzin added, adding 6,000 homes to our
town is a nightmare. An editorial in the Janesville Gazette
addressed that the plan commission needs to protect the town of
Delavan.
Chair Pelletier told Mr. Polzin that PDI has provided us with many
tools to use for the analysis already, the current planning firm has
been working with the town for five or six years already and he would
endorse going with the current company. Supervisor Malsch remarked
he has enjoyed working with Carolyn Esswein, her expertise in planning
and her background in helping with the master plan has been
valuable. If she didn’t have the answer at a meeting she came back
with the information for the next meeting. Supervisor Polzin stated
the plan commission members are complaining about not getting
information; this is going no where, this planner should be advising
and is not. Polzin added a few members are the plan commission are
ready to resign.
The motion was made and seconded and Chair Pelletier, Supervisor
Malsch, Nowak and Endisch voted in favor and Supervisor Polzin voted
nay. The motion carried with a four to one vote.
l.Discussion/possible action to accept the resignation of Mark
Kolczaski from the Town of Delavan Plan Commission.
Chair Pelletier reported that Mr. Kolczaski had been accused by
members of the audience of having a conflict of interest. Chair
Pelletier stated that Mr. Kolczaski represented the Town for nine
years and never once has this conflict of interest come up. Pelletier
added the Town’s ordinance requires the Town Engineer to be a voting
member of the plan commission.
Chair Pelletier made a motion to regretfully accept the resignation
of Mark Kolczaski from the Town of Delavan Plan Commission with a
second from Supervisor Malsch.
Supervisor Polzin stated he felt there was a conflict of interest;
that Mr. Kolczaski should disqualify himself in deliberations. He is
the town engineer and his firm has a personal interest because
projects of this nature are a direct benefit for work for them.
Supervisor Nowak stated she has been observing the plan commission
for three to four years and she has found on many occasions that Mr.
Kolczaski made good and impartial decisions. Supervisor Malsch added
that the commission at times did not accept the engineer’s
recommendation on issues. Supervisor Polzin stated the engineers’
advice should be advisory; he thinks that this will correct something
before it happens. Chair Pelletier asked about Mr. Nieuwenhuis and
his rubbish hauling business; doesn’t he have a lot to gain. Polzin
responded that that in speaking with Bob, he feels their firm will get
very, very little work from this project. Supervisor Malsch stated
the Mr. Kolczaski only had one vote out of seven; in his three years
on the planning commission he doesn’t recall any vote that had tied.
The motion passed with Chair Pelletier, Supervisors Malsch, Polzin
and Endisch voting in favor and Supervisor Nowak voting nay.
m.Discussion/possible action to adopt the final resolution to
authorize special assessments for Sunnyside Court.
Chair Pelletier reported there was a public hearing tonight to which
there were no objections for these assessments.
Chair Pelletier made a motion to dispense with the first reading and
move on to the second for final resolution to authorize special
assessments for Sunnyside Court with a second from Supervisor Endisch
and the motion carried unanimously. Chair Pelletier made a motion to
dispense with the second reading and adopt the final resolution to
authorize special assessment for Sunnyside Court with a second from
Supervisor Endisch and the motion carried unanimously.
n.Discussion/possible action to approve a monetary contribution to
East Delavan Cemetery.
Chair Polzin made a motion to table this discussion with a second
from Supervisor Malsch and the motion carried unanimously.
o.Discussion/possible action regarding Supervisor Polzin’s concerns
about Westshire Farms.
Supervisor Polzin remarked to the citizens present that if you are
hear here to hear me speak about my concerns about Westshire Farms
you can leave now because I won’t be speaking tonight. He said he
didn’t ask for this to be put on the agenda; he hasn’t had an
opportunity to prepare his questions for the town assessor. This
item was placed on the agenda against his wishes; he is not afraid to
discuss it. He added he has a personal life and he is in way over
his head with work right now.
Supervisor Nowak replied she was the board member who asked to have
this item placed on the agenda. She is tired of Mr. Polzin writing
letters to the newspaper and felt she needed answers to his
insinuations. She wanted to bring the issue to the table for closure.
She is willing to listen to Mr. Polzin’s concerns and then form
their own opinions. She wants backup of what he is accusing us of.
Supervisor Malsch said he co-signed this request for an agenda item
and since Supervisor Polzin has been campaigning and elected there
have been sixteen articles authored by Mr. Polzin in various
newspapers regarding this issue. Polzin responded that Nowak just has
some “fur under her saddle” and now he is being asked to discuss this
issue. Malsch said some of the allegations are that the project has
had loopholes, school buses are entering the property and resident’s
age limit has been questioned. Polzin responded he is not speaking
about this tonight; he has chosen not to speak.
Chair Pelletier stated the public portion of this meeting is ended
we will take a five minute break before the closed session begins.
Motion to go into closed session under Sec. 19.85 (1) (g) to confer
with legal counsel to discuss pending litigation re: Grant.
Chair Pelletier made a motion to go into closed session under Sec.
19.85 (1) (g) to confer with legal counsel to discuss pending
litigation re: Grant.
a.Discussion/possible action regarding issue.
Supervisor Polzin made a motion to settle the suit with Grant with a
second from Chair Pelletier and the motion carried unanimously.
Chair Pelletier made a motion to go out of executive closed session
with a second from Supervisor Endisch 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 8:10 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair