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December 20, 2005 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF December 20, 2005 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 Richard Hummel Clerk Colleen Endisch Supervisor Larry Malsch Police Chief Andrew Mayer Supervisor Dolores Nowak Fire Chief Gerald Edwards Supervisor Wayne Polzin P.W. Foreman, Mike Petkoff Mechanic, Tom Thiele Audience: Approximately 25 people Chair Pelletier declared a quorum present for doing business. Communications: None Comments and suggestions of citizens present: Supervisor Polzin asked if he could comment of the Mill Creek trip. He found the trip very interesting and thought it was a shame that one-half of the bus was empty, as any resident would have found the trip informative. He thanked Dave Patzelt from Shodeen for the opportunity. Approval of Minutes: Minutes from the Special Town Board Meeting of November 15, 2005 Minutes for Town Board Meeting of November 15, 2005 Supervisor Malsch made a motion to dispense with the reading of the minutes and approve the minutes with changes, with a second from Chair Pelletier. The following changes are to be made to these minutes: Special Town Board Meeting of November 15, 2005 Approval of Minutes (date of November 16, 2005 to November 16, 2004). New Business (b) Change 2005 to 2006 (first line). Town Board Meeting of November 15, 2005 New Business (b) Add to line; Chair Pelletier made a motion to appoint Joe Almburg to the vacancy on the EGAD Committee. Add Supervisor Nowak seconded the motion and the motion carried unanimously. (c) change motion to read; Wayne Polzin amended his motion to approve payment of $ 128.00 for training, with any future training payment being approved by the fire committee prior to training with a second from Supervisor Hummel and the motion carried unanimously. The motion carried unanimously. Minutes for Town Board Work Meeting, December 14, 2005. Supervisor Malsch made a motion to dispense with the reading of the minutes and approve the minutes with changes. Supervisor Nowak asked the minutes be changed in New Business (b), last line to read; Nowak reported the Economic Development Alliance reception is being held on Tuesday, December 20, 2005, if anyone is interested in going. Chair Pelletier seconded the motion and the motion carried unanimously, with Supervisor Polzin abstaining (absent from meeting). Town Board Reports: Treasurer’s Report: Treasurer Wisniewski pointed out the balances in the accounts. Supervisor Nowak made a motion to accept the Treasurer’s Report and place it on file in Town Hall with a second by Supervisor Hummel and the motion carried unanimously. Approval of Monthly Bills: Supervisor Nowak made a motion to approve the monthly bills starting with check number 45693 through 45872 with a second by Supervisor Hummel 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 the appointment of Gary Dean as a committee member to the Finance Committee. Chair Pelletier made a motion to appoint Gary Dean as a committee member to the Finance Committee. Chair Pelletier stated Mr. Dean had previously been an elected official in Walworth and is willing to help the Town of Delavan with his expertise. Supervisor Polzin seconded the motion and the motion carried unanimously. b)Discussion/possible action on findings pursuant to previously held public hearing on Sanitary District Annexation. Chair Pelletier stated he is in support of the DLSD annexation. Supervisor Polzin made a motion to approve the annexation of the Shodeen property into the DLSD with a second from Supervisor Malsch and the motion carried unanimously. c)Discussion/possible action on adoption of Resolution # 178 reimbursements for elected/appointed officers and employees for travel expenses. Supervisor Hummel made a motion to dispense with the first reading and move on to the second for Resolution # 178 and Supervisor Nowak seconded the motion. Chair Pelletier stated the Administrative Committee explored and revised the current policy and procedure at the request of multiple board members. The primary changes are that the elected officials if selecting to choose an alternate location, which is farther from home, they would have to have approval from the Town Board. Supervisor Polzin remarked that this looks like the elected officials can’t be trusted. He stated that $ 35.00 for meals is an insult, when you take your wife along to eat and then have to ask for separate checks. Polzin added he can’t understand why the Town Chair doesn’t have the authority to approve an expense. He stated that every time a board member attends some training the entire town benefits from this. Polzin commented that in his opinion this is entirely wrong. Chair Pelletier added that the change in policy addresses travel policy and believes this is a deminimus amount. Supervisor Hummel made a motion to dispense with the second reading and adopt Resolution # 178 with a second from Supervisor Nowak and the motion carried four to one, with Supervisor Polzin voting in opposition. d)Discussion/possible action on adoption of expense report form and procedure. Chair Pelletier stated the expense report and procedure is pretty standard. Chair Pelletier made a motion to adopt the expense report form and procedure with a second from Supervisor Hummel and the motion carried unanimously. e)Discussion/possible action on recommendation of Administrative Committee to approve hiring a labor law attorney for the Police Dept. grievance. Supervisor Hummel stated the administrative committee felt very strongly on hiring an attorney who specializes in the labor law field, which could help the town come out on top of this matter. Supervisor Hummel made a motion to hire Attorney James Korom to represent the town in the Police Dept. grievance with a second from Supervisor Nowak. Treasurer Wisniewski stated the expense would come out of special legal. Supervisor Polzin stated there is nothing wrong at the town level. Chair Pelletier stated the interpretation of the contract is being challenged and with it being the first of the three year contract, there would be significant cost involved. Chief Mayer gave some background about the grievance. Supervisor Malsch stated that Attorney Korom does a significant amount of work in Walworth County in this area. The motion carried unanimously. f)Discussion/possible action on approval of the reduction of the line of credit based on the recommendation of Mark Kolczaski with Baxter & Woodman, for Gerstad Builders and Fairwyn Development Corp/Force Water Main Project. Chair Pelletier stated that Mark Kolczaski is recommending the town lower the line of credit to the 5% retainage as suggested for the eighteen month warranty period. Chair Pelletier made a motion to reduce the line of credit for Gerstad Building from $ 94, 500 to $ 4,725 and for Fairwyn Development from $ 32,500 to $ 1,625 with a second from Supervisor Malsch. The motion carried unanimously. g)Discussion/possible action on approval of contracts to dump the spoils and gain right of way access for the Brown’s Channel project. Chair Pelletier reported that this agreement for dumping the spoils will resolve the issues with obtaining a permit from DNR. Dick Brown owns the land on which the spoils will be deposited. Chair Pelletier is looking for approval to enter into the contract with Richard Brown. Supervisor Polzin made a motion to to approve the contract with Richard Brown to dump the spoils and gain right of way access for the Brown’s Channel project with a second from Supervisor Nowak. Chair Pelletier added this document wouldn’t be signed until ready to go. The motion carried unanimously. h)Discussion/possible action on approval of a contract to dump the spoils for the Mound Rd. project on acreage owned by Shodeen. Chair Pelletier reported a consultant drafted the agreement with Shodeen for the necessary access and dumping the spoils for the Mound Rd. project as required for the permit process with DNR. Chair Pelletier made a motion to approve the contract to dump the spoils for the Mound Rd. project on acreage owned by Shodeen with a second from Supervisor Polzin. Attorney Wassel stated that DNR requires dates when work will start and be completed by. The motion carried unanimously. i)Discussion/possible action on approval of the Park Contract 2006-2007. Supervisor Hummel reported the park committee has worked on this contract since September. Supervisor Hummel made a motion to approve the draft Park Contract for 2006-2007 along with the contractor duties with a second from Supervisor Polzin. Chair Pelletier stated this was long time coming and it is time to get the contract ready to put out to bid. The motion was made and seconded and the vote was in favor four to one, with Supervisor Nowak voting nay. j)Discussion/possible action based on the recommendation of the Plan Commission for approval of the condo plat for Dinsmore – Windward Hill Subdivision. Chair Pelletier stated this is a minor change changing an easement on one of the lots. Chair Pelletier made a motion to approve the condo plat for Dinsmore-Windward Hills Subdivision with a second from Supervisor Malsch and the motion carried unanimously. k)Discussion/possible action based on recommendation of the Plan Commission for approval of the CSM, Anzalone – Briggs Road. Chair Pelletier stated that Anzalone owns nine acres, three lots, which all meet county standards. Chair Pelletier made a motion based on recommendation of the plan commission to approve the CSM for Mr. Anzalone, Briggs Road with a second from Supervisor Malsch and the motion carried unanimously. l)Discussion/possible action on recommendation of Plan Commission to approve a CSM for Michael Todd Cleary. Chair Pelletier stated that Mr. Cleary is asking for approval to separate the back lot from the front lot; to be used to build a car wash. Pelletier stated this is being recommended by the plan commission and has been reviewed by DLSD. Chair Pelletier made a motion based on recommendation of the plan commission to approve the CSM for Michael Todd Cleary with a second from Supervisor Malsch and the motion carried unanimously. m)Discussion/possible action on recommendation of Plan Commission to approve of rezone and conditional use for the Estate of Warren Bentley property. Chair Pelletier gave the background for the rezone of ten acres, which the Estate is asking to be rezoned from R2 to C2. Supervisor Polzin made a motion based on the recommendation of the plan commission to approve the rezone from R2 to C2 and the conditional use for the Estate of Warren Bentley property with a second from Supervisor Hummel. Dave Patzelt stated the contract purchasers are expressing issues with the zoning changes and the potential use for the farm hands trailer. They would like consideration to use temporarily. Chair Pelletier stated this is a separate issue, which would need to be addressed. The motion carried unanimously. n)Discussion/possible action on recommendation of Plan Commission to approve the CSM for Immega on Marsh Rd. Chair Pelletier stated the Immega property on Marsh Rd. is looking at relief from the fifty foot long utility easement. Supervisor Polzin made a motion based on recommendation of the Plan Commission to approve the CSM for Immega on Marsh Rd. with a second from Supervisor Malsch and the motion carried unanimously. Chair Pelletier stated that the public portion of the Town Board Meeting is closed at 7:50 p.m. with a short recess. Motion to go into closed session under Sec. 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 responsibilities. Chair Pelletier made a motion to go into closed session under Sec. 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 responsibilities with a second from Supervisor Hummel. A roll call vote was taken and the vote was unanimous. a.Discussion/possible action concerning issues discussed. b.Supervisor Polzin made a motion to dismiss Timothy Murray from the Public Works Dept., before January 11, 2005 with a second from Supervisor Hummel and the motion carried unanimously. The motion carried unanimously. Clerk Endisch will send the necessary Cobra notification. Motion to continue in closed session under Sec. 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation in which it is involved – Walco RC Club TKJ. Chair Pelletier made a motion to continue in closed session under Sec. 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation in which it is involved – Walco RC Club TKJ with a second from Supervisor Malsch and the motion carried unanimously. a.Discussion/possible action concerning issues discussed. b.Supervisor Malsch made a motion to table until the Town Chair talks with counsel the Plan Commission for Walco (James Krill; 10060 W. Loomis Rd., Franklin WI 53132. Supervisor Polzin seconded the motion and the motion carried unanimously. Motion to continue in closed session under Sec. 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation in which it is involved – Ted Grant. Chair Pelletier made a motion to continue in closed session under Sec. 19.85 (1) (g) to confer with legal counsel concerning strategy to be adopted with respect to litigation in which it is involved – Ted Grant. Supervisor Malsch seconded the motion and the motion carried unanimously. a.Discussion/possible action concerning issues discussed. Motion to go out of closed session. Supervisor Malsch made a motion to go out of closed session with a second from Supervisor Hummel and the motion carried unanimously. Adjournment Supervisor Hummel made a motion to adjourn with a second from Supervisor Nowak and the motion carried unanimously. Chair Pelletier adjourned the meeting at 8:45 PM. ATTEST: APPROVED: ______________________________________ _______________________________________ Colleen Endisch, Town Clerk John Pelletier, Town Chair