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February 21, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
February 21, 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 Richard Hummel Clerk Colleen Endisch
Supervisor Larry Malsch Attorney Wassel
Supervisor Dolores Nowak Chief Andrew Mayer
Supervisor Wayne Polzin Mechanic Tom Thiele
Audience: Approximately 11 people
Press: Matt Schwenke
Chair Pelletier declared a quorum present for doing business.
Communications:
Chair Pelletier stated there will be a Spring Candidate Forum held on
March 14, 2006 at Community Park. All town residents are invited to
attend.
Chair Pelletier reported that Richard Moen from Liesch Environmental
is no longer with the company and Pelletier will be working with Brian
Hendrich to review the project.
Comments and suggestions of citizens present:
Chair Pelletier stated that County Supervisor Allen Morrison is in
attendance and if any one has any questions of him, Mr. Morrison would
be happy to address.
Ruben Rendon – 3280 County O South – Mr. Rendon reported that ATC is
placing transmission lines in the Town of Delavan and he has concerns
that no town board member has attended the public hearings or
informational meeting. Chair Pelletier stated this is the first he
has heard of an objection from a Town of Delavan citizen regarding
this project and at this point he doesn’t feel there is anything the
Town could do to help him. Pelletier added that he should be on
record with the ATC, but that they have the option to choose which
route they want to take. Pelletier stated that if Mr. Rendon had
voiced his opinion prior to the meetings the Town could have spoke on
his behalf. Pelletier added that everyone wants power, but no one
wants it in their city. Mr. Rendon stated the power lines will be in
his backyard and wanted to know why any meetings weren’t held in the
town. No one had answers regarding this, Chair Pelletier stated that
would have been an ATC decision.
Attorney Wassel asked Mr. Morrison if he had any feel or sense with
the county agency regarding county zoning. Mr. Morrison stated there
is no official stance regarding this issue. Mr. Morrison stated the
county agency has petitioned the state to garner funds to carry on a
smart growth plan county wide. Attorney Wassel stated the town of
Linn is now filing a lawsuit regarding opting out of county zoning.
Approval of Minutes:
Special Joint Meeting Town Board and Plan Commission, January 12,
2006
Town Board Meeting, January, 17, 2006
Town Board Work Meeting, February 15, 2006
Supervisor Malsch made a motion to approve the minutse for the
Special Joint Meeting Town Board and Plan Commission – January 12,
2006, Town Board Meeting, January 17, 2006 and Town Board Work
Meeting, February 15, 2006. Supervisor Polzin seconded the motion and
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 accounts. 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 46135 thru
46312, with a second from Chair Pelletier 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 premise description to allow a drive-thru
window to sell beer and wine (Waterfront-Joey Torkelson).
Supervisor Hummel made a motion to approve the premise description
for the new Waterfront’s drive-thru window, with the stipulation that
the ID checking, lighting and video camersa are in place and the hours
of service meet the state statute limitations. Supervisor Nowak
seconded the motion.
Chair Pelletier reported he checked the conditional use and
everything that is being requested is consistent with the conditional
use the new property has been granted. Chair Pelletier asked Ms.
Torkelson when she felt she would be taking occupancy and Ms.
Torkelson responded she hopes to be in by August, 2006. The motion
carried unanimously.
b.Discussion/possible action to authorize counsel to pursue payment
for damage to the park from CK Recreations.
Chair Pelletier stated the treasurer sent a bill to CK Recreations,
which has not been paid. Supervisor Polzin made a motion to authorize
legal counsel to pursue payment for damage to the park from CK
Recreations with a second from Supervisor Hummel.
Attorney Wassel stated he would be looking for the police reports
regarding the incident plus the invoice that was issued by the
treasurer. The motion carried unanimously.
c.Discussion/possible action to authorize legal counsel to settle the
litigation for the Walco Flying Club.
Chair Pelletier stated this issue needs to be resolved between the
developer and the town on this long ago platted subdivision and
document provided follows the recommendation of the plan commission,
which has the plat conforming to the Town’s Master Plan. Chair
Pelletier made a motion to authorize legal counsel to settle the
litigation for the Walco Flying Club with a second from Supervisor
Malsch and the motion carried unanimously.
d.Discussion/possible action to approve the preliminary site
agreement for the Lake Prairie Business Park developer (Har-Dom
Development LLC)
Chair Pelletier stated this is only a preliminary site agreement,
which deals only with earth moving and preparation to put in roads.
This agreement was drafted by Baxter and Woodman and both the engineer
and Town Attorney are satisified. Chair Pelletier made a motion to
approve the preliminary site agreement for the Lake Prairie Business
Park Development (Har-Dom Development LLC). Supervisor Malsch
seconded the motion. Attorney Howe from Godrey Law Firm stated they
are working with the county to bring the elevation of the property up
to compliance. Howe stated that in spring a lot of water moves
through their land and the storm water management plan proposed is
being reviewed by DNR. Supervisor Malsch asked what their timetable
was. Attorney Howe responded they had hoped that by June 1, the road,
storm water and erosion control up to highway 50 where the new road
will align with Prairie Dr. The Attorney explained how the old County
F would be configured. Supervisor Hummel said he still has concern
about the amount of water that crossed F, which at one time DNR called
navigable water and now they say it is not. Howe explained that plans
have been substantially altered to handle the water, with infiltrative
practices and retention basins. Supervisor Hummel stated there are
thousands and thousands of gallons of water moving across the road.
Attorney Wassel stated that on page five of the agreement the
developer will provide the town with a letter of credit and this must
be done prior to the signing of the document. Chair Pelletier
remarked that he still doesn’t understand how the property the town
owns adjacent to the bank is judged as a navigable waterway when this
property is not. Pelletier added our land is unbuildable as a result.
The motion passed with a vote of four to one, with Supervisor Hummel
voting in opposition.
e.Discussion/possible action on recommendation of the Public Works
Committee on approval of Engineer Contract with Baxter & Woodman re:
2006 Road work.
Chair Pelletier stated that all had been provided with the Engineer’s
agreement, but counsel has raised a number of questions. Attorney
Wassel is questioning the reuse of the work project, who is
responsible for overtime and the maximum liability. Chair Pelletier
made a motion to approve the Engineering Services Agreement with
Baxter and Woodman for the 2006 road work, not to exceed $ 12,800 in
cost and conditional to the Town Attorney and Baxter Woodman resolving
the issues to the legal document. Supervisor Polzin seconded the
motion. Chair Pelletier added that there are budgeted funds for this
contract. The contract will not be taken from the road budget.
Supervisor Malsch stated the engineering contract needs to be
finalized before picking the roads. The motion carried unanimously.
f.Discussion/possible action on approval of roads for the 2006 road
work.
Chair Pelletier stated that seven roads are identified along with
four alternate choices for either reconstruction or resurfacing. The
Town Board did their annual review of the roads and Pelletier stated
it is fair to say that all provided a jarring experience.
Supervisor Hummel made a motion to approve the road exhibit to be
used to put the work out to bid with a second from Supervisor Malsch
and the motion carried unanimously.
g.Discussion/possible action regarding contribution to DNR for the
stocking tagging of musky in Delavan Lake for a study to held by DNR.
Chair Pelletier stated he received correspondence from DNR regarding
Delavan Lake as being selected as one of two lakes from southern
Wisconsin to study musky, which would be stocked by DNR at a cost of $
10,000. Pelletier reported that $ 6,000 has been raised from fishing
clubs and understands the DLIA board is acting to approve $ 1,000 to $
1,500. Kevin MacKinnon stated that DLSD has an agenda item for their
board to donate. Chair Pelletier suggested the Town take $ 1,500 from
contingency as a contribution. Supervisor Polzin made a motion to
approve a contribution of $ 1,500 to DNR for the stocking of Musky
into Delavan Lake, with the funds coming from contingency with a
second by Supervisor Hummel. Supervisor Hummel stated the Park
Committee is supporting this recommendation. The motion carried
unanimously.
h.Discussion/possible action to approve the park fees for the 2006
park season.
Supervisor Hummel stated that after reviewing the new fee schedule he
has some questions, which he needs to square away with the park
contractor. Supervisor Hummel made a motion to take off the agenda
with Supervisor Malsch seconding the motion. The motion carried
unanimously.
Adjournment:
Supervisor Hummel made a motion to adjourn the meeting with a second
from Supervisor Malsch and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 7:52 pm.