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July 18, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
July 18, 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 Mechanic, Thomas Thiele
Supervisor Bill Endisch
EXCUSED:
Supervisor Wayne Polzin
Audience: Approximately: 7 people
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
Les Primasing asked about the June 15, 2006 burning that took place
next to the Police Station. He asked if a fine was involved or
anything done as a result of burning on that day. Chair Pelletier
responded that he did track the fire down and it was still smoldering;
he asked Primasing what he is getting at, nothing was done. Pelletier
added the Fire Chief isn’t here tonight and I will not speak for him.
Pelletier remarked he doesn’t know the story behind the burning, but
he does know the Fire Chief was a certain amount of discretion in
doing his job. Primasing asked if the town doesn’t have an ordinance
and Pelletier responded yes we did, and Mr. Primasing probably knows
that ordinance better than anyone else in the Town.
Approval of Minutes:
Town Board Meeting of June 20, 2006
Minutes of Special Town Board Meeting of June 22, 2006
Minutes of Town Board Work Meeting of July 12, 2006
Supervisor Malsch made a motion to dispense with the readings and
approve the minutes of the Town Board Meeting of June 20, 2006,
minutes of Special Town Board Meeting of June 22, 2006 and minutes of
the Town Board Work Meeting of July 12, 2006 with a second from
Supervisor Endisch.
Treasurer Wisniewski stated she wasn’t at the Special Town Board
Meeting of June 22, 2006.
The motion carried unanimously.
There were multiple editing errors the Town Clerk made note of to
correct in the minutes prior to filing.
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 balance in the account as of
July 17, 2006. Chair Pelletier remarked the general healths of the
Town’s Finances are good.
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 made a motion to pay bills starting with 46896 thru
47044 with a second from John Pelletier.
Supervisor Nowak asked about check # 36927 dated July 26, 2006 to
PDI; she asked if the Town is going to be reimbursed by Shodeen and
Pelletier responded yes.
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” Beer License for Fontana Ventures,
LLC, Paul Demchenko, Agent, 548 Delavan Dr. Delavan WI with the
restriction of license usage for private parties only, not during
roller rink hours.
Supervisor Nowak made a motion on the recommendation of the
Administrative
Committee to approve the Class “B” Beer License for Fontana
Ventures, LLC, Paul
Demchenko, Agent with the restriction of license usage for
private parties only, not
during roller rink hours; with the beer secured in roller rink
hours effective August 1,
2006. Supervisor Malsch seconded the motion and the motion
carried unanimously.
b.Discussion/possible action on recommendation of the Administrative
Committee to approve the proposal for Worker’s Compensation with
Wausau Business Insurance Co., for an annual premium of $ 42,016 with
a 10% Level Dividend Option, Effective August 1, 2006.
Supervisor Nowak make a motion on recommendation of the
Administrative Committee to approve the contract for Worker’s
Compensation Insurance with Wausau Business Insurance Co., for an
annual premium of $42,016 with a 10% Level Dividend Option, Effective
August 1, 2006. Supervisor Malsch seconded the motion and the motion
carried unanimously.
c.Discussion/possible action on recommendation of the Administrative
Committee to approve the proposal for Property, Equipment, Crime,
General Liability, Public Officials Liability, Law Enforcement
Liability, Automobile with Horton Group for an annual premium of $
58,484 effective August 1, 2006.
Supervisor Nowak made a motion to approve the insurance contract with
the Horton Group for Property, Equipment, Crime, General Liability,
Public Officials Liability, Law Enforcement Liability and Automobile
insurance for an annual premium of
$ 58,484; plus $ 847 to insure the Police Station. Supervisor
Endisch seconded the motion and the motion carried unanimously.
d.Discussion/possible action on recommendation of the Administrative
Committee to adopt Ordinance # 280 to repeal Section 11.14 pertaining
to the registration of businesses.
Supervisor Nowak made a motion to dispense with the 1st reading and
move on to the 2nd with a second from Chair Pelletier and the motion
carried unanimously. Supervisor Nowak made a motion to dispense with
the 2nd reading and adopt Ordinance # 280 to repeal Section 11.14
pertaining to the registration of businesses with a second from Chair
Pelletier. The motion carried unanimously.
e.Supervisor Discussion/possible action on recommendation of the Fire
& Rescue Committee to adopt Ordinance # 277 to create Section 5.055 of
the Municipal Code regarding charges for rescue services.
Supervisor Nowak made a motion to dispense with the 1st reading and
move on to the 2nd with a second from Chair Pelletier and the motion
carried unanimously. Supervisor Nowak made a motion to dispense with
the 2nd reading and adopt Ordinance # 277 to create Section 5.055 of
the Municipal Code regarding charges for rescue services with a second
from Supervisor Malsch.
Chair Pelletier stated this is the first time the town is introducing
charges for the Fire and Rescue Dept. Supervisor Nowak added we will
be charging for rescue calls and only for fire calls that involve
vehicle incidents. Attorney Wassel responded this topic came up some
time ago; this provision also gives the town the provision to waive
fees on a case by case basis.
The motion carried unanimously.
f.Discussion/possible action on recommendation of the Fire & Rescue
Committee to approve the Medical Billing Service Agreement between the
Town of Delavan and EMS Medical Billing Associates, LLC.
Supervisor Nowak made a motion approve Rescue and limited Fire
Services with a Medical Billing Service Agreement between the Town of
Delavan and EMS Medical Billing Associates, LLC. , effective August 1,
2006 and the approval for a startup fee of
$ 1,000. Chair Pelletier seconded the motion.
Supervisor Nowak added that the monies coming in will recoup the $
1,000 prior to the end of the year.
The motion carried unanimously.
g.Discussion/possible action of recommendation of the Fire & Rescue
Committee to approve the Business Associate Agreement with EMS Medical
Billing to complete compliance with the Health Insurance Portability
and Accountability Act of 1996
Supervisor Nowak made a motion on recommendation of the Fire and
Rescue Committee to approve and sign an add-on contract (Business
Associate Agreement) to comply with the HIPA Act of 1996 with a second
from Chair Pelletier and the motion carried unanimously.
h.Discussion/possible action on recommendation of the Lake Committee
to amend the Liesch Environmental Contract for Brown’s Channel.
Chair Pelletier made a motion on recommendation of the Lake Committee
to table adding $ 14,000 in changes to the Liesch Environmental
Contract.
Pelletier stated this is a result of the change of the disposal site
to the Shodeen land.
Supervisor Malsch seconded the motion and the motion carried
unanimously.
i.Discussion/possible action on recommendation of the Plan Commission
to adopt Ordinance # 279 to repeal and recreate Chapter 18, Appendix A
re: Plan Commission Fees.
Chair Pelletier stated the fees the town was charging for
development, subdividing etc., were not keeping up with the costs.
The other issue was chasing after them after approve. The fees he is
asking to have approved conform to the other communities and the
county. The fees in the town haven’t been changed since the land
division ordinance was adopted over a decade ago.
Chair Pelletier made a motion to dispense with the 1st reading and
move on to the second with a second from Supervisor Malsch and the
motion carried unanimously. Chair Pelletier made a motion to dispense
with the 2nd reading and adopt Ordinance # 279 to repeal and recreate
Chapter 18, Appendix A re: Plan Commission Fees. Supervisor Malsch
seconded the motion and the motion carried unanimously.
j.Discussion/possible action on recommendation of the Plan Commission
to approve the rezone for the Centerville Development for property on
Bailey Rd. and Highway F.
Chair Pelletier stated the Plan Commission has had two sessions with
the developer and the
project has been very well received. There will be 240 housing
units, with a park. The lots
will average 21,000 feet in size. There was attendance from Delmar
residents and at this point
there is no opposition. Pelletier explained the areas that need to
be rezoned. He asked Mr.
Green for the legal descriptions of the two pieces of land, so that
when the Town sends the
recommendation to the county we have the description. Pelletier
stated he would defer
sending to county until next month so that counsel can review the
legal descriptions. He
would recommend the Town Board approve subject to receipt of the
description and attorney
review.
Chair Pelletier made a motion to approve the rezone for the
Centerville Development
property located on Bailey Rd. and Highway F contingent on receipt of
description of
property and review by Town Attorney.
Attorney Wassel asked about the road in the back of the property; if
this road just stops. Chair
Pelletier said the road ends at the farm field. Pelletier added this
project is just a conceptual
plan.
Supervisor Endisch seconded the motion and the motion carried
unanimously.
k.Discussion/possible action on recommendation of the Public Works
Committee to approve Resolution # 184 to authorize special assessment
for residents of Sunnyside Court.
A letter was sent to the residents on Sunnyside Court regarding the
sad state of their roads. The correspondence stated the town couldn’t
continue to snow plow because of the condition of the road because the
plowing would damage the town’s equipment. Pelletier encouraged the
residents to get together and sign releases to authorize the Town of
repair the road and special assess the residents and they came forth
with a very legal looking document, giving the Town permission to do
same. Pelletier added the Town was able to add on the project to the
2006 road project from Frank Brothers at the same unit cost. Nine of
the ten owners will be paying for the repair and resurface, which will
cost less than $ 15,000.
Attorney Wassel stated there are statutory reports needed to define
the parameter of the project and the cost; determine how will be
assessed and a public hearing needs to be held. Pelletier asked what
happens if we do the work before the hearing? Wassel responded the
Town should tell Frank Brothers not to do the work. Where is the
money coming from, do we have to borrow it; how are we going to charge
the owners, ten annual installments plus an additional 1% for the
Town’s cost. Treasurer Wisniewski replied the Town wasn’t planning on
borrowing the funds.
Chair Pelletier made a motion to dispense with the 1st reading and
move on to the second for Resolution # 184 with a second from
Supervisor Endisch and the motion carried unanimously. Chair
Pelletier made a motion to dispense with the second reading and adopt
Resolution # 184 to authorize a special assessment for residents of
Sunnyside Court with a second from Supervisor Endisch and the motion
carried unanimously.
l.Discussion/possible action on recommendation of the Public Works
Committee to approve Resolution # 185 to move $ 4,951 from Highway
Department Capital Purchases to Equipment Replacement to fund the
difference of purchase of P.W. Equipment previously approved for
$ 30,000.
Chair Pelletier is asking to transfer money originally budget for the
chipper and not spent to fund the difference for the purchase of a
backhoe. $ 30,000 had previously been approved for this purchase and
the purchase price exceeds that by a few thousand dollars.
Chair Pelletier made a motion to dispense with the first reading and
move on to the second for resolution # 185 with a second from
Supervisor Nowak and the motion carried unanimously. Chair Pelletier
made a motion to dispense with the second reading and adopt resolution
# 185 to move $ 4,951 from Highway Dept. Capital Purchases to
Equipment Replacement to fund the additional cost of the back hoe with
a second from Supervisor Malsch and the motion carried unanimously.
m.Discussion/possible action on recommendation of the Public Works
Committee to authorize the Public Works Dept. to sell the 1974 Oshkosh
Truck.
Chair Pelletier asked if the board recalled last year when the
Highway Dept. had an offer from the Town of Darien for $ 10,000 for
the 2974 Oshkosh Truck. Tom Thiele has heard they are still
interested in the Truck. Pelletier remarked the truck hasn’t been
used in the last four years; it is expensive to maintain; needs two
operators to operate. The Highway dept. has another Oshkosh they can
use and the sell of the unused truck will open up a bay in the garage.
Chair Pelletier made a motion to authorize the Public Works Dept. to
sell the 1974 Oshkosh Truck for a minimum amount of $ 10,000, with
the understanding that any amount lesser than must come back to the
Board for approval. Supervisor Malsch seconded the motion and the
motion carried unanimously.
n.Discussion/possible action on recommendation of Independent
Inspections to approve a raze order for Tax Key Number FDM00045C, John
C. Funovits Property, 2901 Cochrane St., Delavan, WI 53115.
Chair Pelletier remarked that this home is in serious disrepair.
Independent Inspections are asking the town to approve a raze order
for the property; they have been working with this owner for a
significant amount of time and the owner never addresses the issues.
Attorney Wassel’s office has prepared the legal document authorizing
the Town to raze the property. Attorney Wassel added there is a
process and procedure, serving the notice giving the owner thirty days
to comply and if not done let the raze be put out for bid.
Chair Pelletier made a motion on recommendation of Independent
Inspections to approve a raze order for Tax Key Number FDM00045C, John
C. Funovits property, 2901 Cochrane St., Delavan, WI 53115 with a
second from Supervisor Nowak and the motion carried unanimously.
o.Discussion/possible action to create Ordinance # 278 to repeal and
recreate Section 1.07 (6) to change the poll hours to state mandated
standardized hours from 7 am to 8 pm.
The State of Wisconsin Election Board is requiring standardized
polling hours in all municipalities from 7 am to 8 pm. The Towns
Ordinance needs to be changed to reflect the change.
Chair Pelletier made a motion to dispense with the first reading and
move on to the second for Ordinance # 278 with a second from
Supervisor Nowak and the motion carried unanimously. Chair Pelletier
made a motion to dispense with the second reading and adopt Ordinance
# 278 to repeal and recreate Section 1.07 (6) to change the poll hours
to state mandated standardized hours from 7 am to 8 pm. Supervisor
Endisch seconded the motion and the motion carried 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 7:45 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair