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February 20, 2007 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
February 20, 2007
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.
Treasurer Wisniewski called the roll.
PRESENT; ALSO PRESENT;
Chair, John Pelletier Treasurer, Shari Wisniewski
Supervisor, Larry Malsch Deputy Clerk, Jan Armonda
Supervisor, Dolores Nowak Police Chief, Andrew Mayer
Supervisor, Wayne Polzin Fire Chief, Gerald Edwards
Supervisor, Bill Endisch Town Attorney, Steve Wassel
EXCUSED;
Clerk, Colleen Endisch
Press: Matt Schwenke
Audience: Approximately 10 people
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
Rocky Feeney, 1610 Hiawatha Drive, spoke about the fire that had
happened next door to his house that morning. He had a front row seat
to the fire fighting activities and was very impressed by what he saw.
He realized how important intergovernmental cooperation is. He
admitted that he had made a lot of jokes about the need for a ladder
truck, but was very happy to have it this morning.
Approval of Minutes:
Minutes of Town Board Meeting of January 16, 2007
Minutes of Special Town Board Meeting of February 14, 2007
Minutes of Town Board Work Meeting of February 14, 2007
Supervisor Malsch made a motion to dispense with the readings and
approve the minutes for the Town Board Meeting of January 16, 2007,
Special Town Board Meeting of February 14, 2007 and Town Board Work
Meeting of February 14, 2007 with a second by Chair Pelletier and the
motion carried unanimously.
Treasurer Wisniewski will direct Clerk Endisch to edit the minutes
for the changes as directed by Chair Pelletier and Supervisor Nowak.
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 various accounts
and the adjustments to the Lake accounts for prior year activity.
Chair Pelletier made a motion to accept the Treasurer’s report as
written 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:
Chair Pelletier made a motion to pay bills starting with check number
47973 thru check number 48135 with a second from Supervisor Nowak 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 regarding the approval for a “Class B”/Class “B” Liquor
License for Delavan Entertainment Center, LLC – Karmelita Fazlovic,
Agent.
Supervisor Nowak indicated that all the necessary background checks
have been completed. The current license for Super “Z”s will be
surrendered before the new license is issued.
Supervisor Nowak made a motion to approve the “Class B”/Class “B”
Liquor License for Delavan Entertainment Center, LLC, Karmelita
Fazlovic, Agent with a second by Supervisor Malsch. The motion
carried unanimously.
b. Discussion/ possible action to appoint members to the AdHoc
Administrative Search Committee.
Chair Pelletier indicated that the Town had received a
number of applications for Town
Administrator. The Administrative Committee has completed
an initial review of these applications and is ready to pass them on
to a review team.
Chair Pelletier made a motion to appoint Delores Nowak as Chair,
Larry Malsch as Co-chair and Kevin Bruenner, Catherine Peterson, John
Stack and Betty Wassel as advising members of the Ad Hoc
Administrative Search Committee. The motion was seconded by
Supervisor Nowak and approved unanimously.
c. Discussion/possible action on recommendation of the Park &
Tourism Committee regarding the purchase of a sound system from George
R. Berber Music Co., Inc. for $1161.
Chair Pelletier explained that the Town Board had authorized $1,000
last month. The Park Committee has brought back two bids for systems
that were reviewed by the committee and Gary DeVries. Supervisor
Endisch explained that he had talked to Berber Music and their
original quote included two extra microphones that are not needed. We
can eliminate the two microphones and add two 50 foot microphone cords
and lower the price from $1,161 to $1,128.
Chair Pelletier made a motion that the Town Board accept the bid
from George R. Berber Music Co,, Inc for $1,128 for a sound system for
the Community Center. The motion was seconded by Supervisor Polzin
and passed unanimously.
d. Discussion/possible action on recommendation of the Plan
Commission to adopt Ordinance #284 to repeal and recreate Section 1.11
(i)(ii)(A) re: member of commission.
Chair Pelletier explained that the current ordinance lists the Town
Engineer as a voting member of the Plan Commission. During the
Shodeen hearings there were allegations made that the engineer should
not be a voting member because he would be voting for work for his
firm. Chair Pelletier thought the allegations were bullshit, but the
Town Engineer decided to resign from the Plan Commission. Now that
the Plan Commission has voted on the Shodeen development, Chair
Pelletier is ready to appoint a new person to the commission, but the
ordinance must first be changed to remove the Town Engineer as a
voting member. The new ordinance will have the Town Chair as Chair of
the Plan Commission, with a Town Supervisor as co-chair. There will
also be five citizen members. The Town Engineer will serve only in an
advisory capacity.
Chair Pelletier made a motion to dispense with the first reading of
Ordinance #284 and move on to the second reading. The motion was
seconded by Supervisor Malsch and approved unanimously. Chair
Pelletier made a motion to dispense with the second reading and
approve Ordinance #284 to repeal and recreate Section 1.11 (i)(ii)(A)
re: member of commission. Supervisor Malsch seconded and the motion
carried unanimously.
e. Discussion/possible action on recommendation of the Town Chair
to appoint Herb Sessner as a citizen member of the Plan Commission.
Chair Pelletier restated his position that he would not appoint a
new Plan Commission member until after the vote on the Shodeen
development. Since that vote has been taken, it is now appropriate to
appoint a new member. Herb Sessner is a local resident who has served
on the Fire and Rescue Committee for the last year.
Chair Pelletier made a motion to appoint Herb Sessner to the Plan
Commission with a second from Supervisor Endisch.
Supervisor Polzin indicated that it had been enjoyable having Mr.
Sessner on the Fire and Rescue Committee and he will be missed.
However, Supervisor Polzin is opposed to the Shodeen development and
from conversations with Mr. Sessner he believes that Herb supports the
development. Therefore, Supervisor Polzin will vote against Mr.
Sessner’s appointment to the Plan Commission. Mr. Sessner indicated
that he only supports the Shodeen development with changes to fit the
zoning ordinances. Chair Pelletier indicated that he doesn’t think
Mr. Sessner will be called on to vote on the Shodeen development since
the vote has already taken place. Chair Pelletier called for a roll
call vote.
Chair Pelletier-yes, Supervisor Malsch-yes, Supervisor Polzin-no,
Supervisor Endisch-yes, Supervisor Nowak-yes. The motion was approved
four to one.
f. Discussion/possible action on recommendation of the Public
Works Committee regarding Bids for the salt storage shed.
Chair Pelletier indicated that the Public Works Committee has been
working with Joe Kopecky to design a new salt shed to replace the one
that had been ruled unsafe by the State of Wisconsin. It is now time
to put the plan out to bid and find out what the replacement building
will cost before we can discuss how to pay for it.
Chair Pelletier moved that the Town put the plans for a new salt
storage shed out for bid. The motion was seconded by Supervisor
Polzin and carried unanimously.
g. Discussion/possible action regarding Tax Key FA 378800001 –
Carol Dahl, 4046 County Rd F North.
Chair Pelletier indicated that the issue here is a claimed over
assessment on a 2 acre parcel of land that has been classified as a
buildable residential lot but has been farmed. Ms. Dahl wants
restitution going back to 2001 for overpayment on Real Estate Taxes.
The Assessor has offered to review the parcel and make the necessary
changes for 2007, but he will not go back since the property owner had
never appeared before Board of Review.
Chair Pelletier made a motion to deny the claim from Carol Dahl
dated January 16, 2007 for Tax key #FA 378800001 seeking repayment of
Real Estate taxes in the amount of $4,127. The motion was seconded by
Supervisor Malsch and carried unanimously.
h. Discussion/possible action regarding Tax Key FDLV 00065, 4601
Silverwood and FDLV 00065A, 4611 Silverwood – James Vandenberg.
Chair Pelletier indicated that we have a letter from the assessor
outlining his proposed correction of the error that added the same
improvements to two different parcels. He has not seen any letter or
claim from Mr. Vandenberg.
Chair Pelletier made a motion for deny any claim that Mr. Vandenberg
may have asserted over this issue. The motion was seconded by
Supervisor Malsch and approved unanimously.
i. Discussion/possible action regarding claim – Wisconsin Tax
Solutions.
Chair Pelletier said that this claim was being made in many taxing
districts in the State of Wisconsin regarding assessment methods for
vacant parcels. The claim is that vacant land should be assessed as
unimproved parcels, not as vacant residential property. Attorney
Wassel recommends that the Board deny the claim made on behalf of the
six parcels listed.
Chair Pelletier made a motion to deny this claim and Supervisor
Malsch seconded the motion which passes unanimously.
Adjournment:
Supervisor Malsch made a motion to adjourn the meeting with a second
from Supervisor Nowak and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 7:29 p.m.
ATTEST: APPROVED:
______________________________________ ________________________________________
Shari Wisniewski, Acting Clerk John Pelletier, Town Chair