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June 20, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
June 20, 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 Police Chief Andrew Mayer
Supervisor Bill Endisch Fire Chief Gerald Edwards
Excused:
Supervisor Wayne Polzin
Audience: Approximately: 15 people
Press: Matt Schwenke
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
David Henriott – 7977 Windmill Way addressed the bond issue for Dutch
Meadows subdivision. Mr. Henriott stated that multiple projects have
not been completed in the subdivision and he would like to recommend
no action on the issue by the town board.
Mark Ward – 4104 Carol St. - Mark Ward addressed the board regarding
the no parking signs that have recently been put up on his street.
Mr. Ward wanted to know why. Chair Pelletier responded the board
passed an ordinance for no parking on Blue Gill and Carol Street. Mr.
Ward responded he can’t get into his driveway; he used to be able to
park his truck in front of his house and could launch his boat at the
end of the street. Mr. Ward asked if the town was going to put a sign
on every single road in the town; he would like a variance for his
house. Attorney Wassel answered that the Town placed a gate at the
end of Blue Gill Rd. because people were circumventing the boat launch
and launching their boats on Blue Gill and Carol. The residents along
Blue Gill complained they boaters were blocking their driveways;
taking all the street park and for health and safety issues it was
determined to prohibit parking on these roads. Wassel added he wasn’t
sure how much room Mr. Ward had in his yard, but he could park his
truck there. Mr. Ward stated he is petitioning for a variance to park
his truck in the no parking zone if possible. Chair Pelletier replied
never say never, he asked Mr. Ward to leave his phone number with
Clerk Endisch and Pelletier would be in contact with him.
Approval of Minutes:
Joint Meeting Town Board and Finance Committee of May 16, 2006
Town Board Meeting of May 16, 2006
Minutes of Board of Review to Adjourn to June 5, 2006
Minutes of Town Board Work Meeting of June 14, 2006
Supervisor Malsch made a motion to dispense with the first reading
and move on to the second reading with a second from Supervisor
Endisch for the minutes of: Joint Meeting Town Board and Finance, May,
16, 2006 – Town Board Meeting of May 16, 2006 – Board of Review to
Adjourn, June 5, 2006 – Town Board Work Meeting of June 14, 2006. The
motion carried unanimously.
Supervisor Malsch made a motion to dispense with the second reading
and approve the minutes of the Joint Meeting of the Town Board and
Finance Committee of May 16, 2006, with Supervisor Endisch seconding
the motion and the motion carried with Supervisor Nowak abstaining
(excused).
Supervisor Malsch made a motion to dispense with the second reading
and approve the minutes of the Town Board Meeting of May 16, 2006,
with a second from Supervisor Endisch and the motion carried with
Supervisor Nowak abstaining (excused).
Supervisor Malsch made a motion to dispense with the second reading
and approve the minutes of Board of Review to Adjourn Meeting of June
5, 2006 with a second from Supervisor Endisch and the motion carried
with Chair Pelletier abstaining (excused).
Supervisor Malsch made a motion to dispense with the second reading
and approve the minutes of Town Board Work Meeting of June 14, 2006
with a second from Supervisor Endisch and 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
June 19, 2006. 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.
DN made a motion to pay bills starting with 46732 thru 46895 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
Chair Pelletier stated he would like to announce that the Plan
Commission Meeting regarding the Shodeen Development at Jackson Creek
that was scheduled for June 27, 2006, is being postponed until July 6,
2006 at 7 p.m. at Community Park.
Old Business: None
New Business:
a.Discussion/possible action on recommendation of the Administrative
Committee re: Liquor License Renewals (see attached list).
Supervisor Nowak remarked the Town has their annual liquor
license renewals, of which there
are no issues regarding the individual licenses.
Supervisor Nowak made a motion to approve the three (3) Class
“A”/”Class A”
Combination Fermented Malt Beverages and Intoxicating Liquors
License with a
second from Supervisor Malsch and the motion carried
unanimously.
Supervisor Nowak made a motion to approve the seventeen (17)
Class “B”/”Class B
Combination Fermented Malt Beverages and Intoxicating Liquor
Licenses with a
second from Supervisor Malsch and the motion carried
unanimously.
Supervisor Nowak made a motion to approve the one (1) Class “A”
Fermented Malt
Beverage License with a second from Supervisor Malsch and the
motion carried
unanimously.
Supervisor Nowak made a motion to approve the two (2) Class “B”
Fermented Malt
Beverage Licenses with a second from Supervisor Malsch and the
motion carried
unanimously. Supervisor Nowak made a motion to approve the two
(2) “Class C” Wine
Licenses with a second from Supervisor Malsch and the motion
carried unanimously.
b.Discussion/possible action on recommendation of the Administrative
Committee to approve the proposed contract for Independent Inspections
as the Town’s building inspector.
Supervisor Nowak made a motion approve and sign the contract for
Independent Inspections as the Town’s Building Inspector, with a
second from Supervisor Malsch.
Chair Pelletier asked about the new fee schedule and Supervisor Nowak
stated the schedule was incorporated in the contract. Pelletier asked
if the town needed to publish the new fees and Attorney Wassel replied
no. Pelletier asked when the contract goes into effect and Supervisor
Nowak responded upon signing.
The motion carried unanimously.
c.Discussion/possible action on recommendation of the park committee
to approve the sale of ice at Community Park by the park contractor.
Supervisor Endisch stated he brought up this issue last month and the
park committee asked him to bring back as the motion failed with a two
to two vote. Endisch added the park contractor is not in this to make
money but rather as a benefit to the fisherman. Attorney Wassel
stated that someone who voted on the negative side would have to ask
to have the motion reconsidered.
Chair Pelletier made a motion to approve the sale of ice at Community
Park by the park contractor with Supervisor Malsch seconding the
motion.
Chair Pelletier reported that he is opposed to this motion, thought
this was a poor precedence to set. Supervisor Endisch stated on
Saturday at 5:30 a.m. he drove into town and both gas stations were
not open, along with the Bait Shop, the fisherman have no where to get
ice. Chair Pelletier responded they should go to Wal-Mart or
somewhere else, he thinks the board is heading in the wrong direction
on this issue.
The motion carried with three votes in favor cast by Supervisors
Endisch, Nowak and Malsch and Chair Pelletier voting nay.
d.Discussion/possible action on recommendation of the Park Committee
to approve the expenditure not to exceed $ 1,100 for a regulatory sign
for the park.
Supervisor Endisch reported he was unable to get permission from the
county for the sign mockup he presented at the Work Meeting. The Town
would be allowed to put up a much smaller sign for $ 775 – which would
conform to county regulations.
Supervisor Endisch made a motion to approve a regulator sign for the
park, for an amount not to exceed $ 775, which will be charged to fees
in lieu. Supervisor Malsch seconded the motion.
Chair Pelletier stated that Supervisor Polzin pointed out to
Pelletier there used to be sign regarding the taking glass into the
park and beach area. Pelletier asked Endisch if he agreed and Endisch
responded yes and said the Park Committee would review the suggestion.
The motion carried unanimously.
e.Discussion/possible action on recommendation of the Park Committee
to authorize the appropriation of funds for two pier extensions which
is required to apply for the grant to cover a portion of the expense.
Supervisor Endisch stated the board approved the addition of a third
pier last year and the grant application was denied for lack of
information. Since that time the Park Committee has come up with an
alternate plan of adding two floating pier additions, which would aid
in keeping the boat traffic moving. Dick Brown has been getting
quotes and Austin Pier has quoted $ 14,000. Endisch stated he has
been talking to DNR and if the grant is approved 60% would be covered
by the grant. Endisch stated there could be a few other charges and a
$ 17,000 cost would most liked be needed.
Chair Pelletier asked if the Town applies for the grant if they would
be obligated to build; also wanted to know if a resolution would be
needed. Endisch was unclear if the Town was obligated. Pelletier
added that last year the pier OK was for $ 4,600, now it is up to $
17,000. Pelletier didn’t know if the town should go on the hook from
fees and lieu in hopes that the town gets the grant. He added he isn’t
too keen on that idea.
Supervisor Malsch stated when he was in charge of the Park Committee,
DNR was favorable on the Town improving the boat ramp situation.
Attorney Wassel stated the board should consider allowing the park
committee to proceed with the grant application and see how far they
can get. Chair Pelletier stated as long as the item comes back to the
board after the permit application is approved.
Supervisor Endisch made a motion to authorize the park committee to
request a determination from DNR for an exemption from the permit
requirement to extend the two piers at Town Park Boat Launch, with a
second from Supervisor Malsch and the motion carried unanimously.
f.Discussion/possible action on recommendation of the Park Committee
to authorize the appropriation of funds for paving the community park
parking lot, which is a requirement to apply for a grant to cover a
portion of the expenses.
Supervisor Endisch stated he would like to make a motion to table
this agenda item, until he finds out more information with a second
from Supervisor Malsch and the motion carried unanimously.
g.Discussion/possible action on recommendation of the Park Committee
to give Supervisor Endisch authority to apply to DNR for an
application to increase the Boat Launch Fees.
Supervisor Endisch reported that effective January 1, 2006, DNR
allowed a 30% increase in fees and the Town would need to apply to DNR
to do same.
Supervisor Endisch made a motion to give himself authorization to
apply to DNR to increase the Boat Launch Fees and if approved to
increase the fees as soon as possible. Chair Pelletier seconded the
motion.
Attorney Wassel asked if the increase would be to the maximum fees
and it was determined yes.
The motion carried unanimously.
h. Discussion/possible action on recommendation of the Plan
Commission to authorize the rezone for a portion of the property for
Esquire Lounge from R2 to B2.
Chair Pelletier reported when the Esquire Lounge came to the Town for
a conditional use permit to add a deck to the front of the bar, it was
determined by county that ½ of the property was zoned R2 instead of
B2. The County told them to apply for a rezone of the property.
Chair Pelletier made a motion to recommend to the county the approval
to rezone a portion of the property for Esquire Lounge from R2 to B2
with a second from Supervisor Malsch and the motion carried
unanimously.
i.Discussion/possible action on recommendation of the Town Engineer
to accept the public improvements for Dutch Meadows Subdivision.
Chair Pelletier stated he is concerned about reducing the bond.
Pelletier stated there are deficiencies that were uncovered in a site
inspection on June 16th in respect to pond and erosion around the
pond. Pelletier stated there are differences between the developer
and the county, with the storm water management.
Chair Pelletier made a motion to table the item with a second from
Supervisor Endisch and the motion carried unanimously.
Pelletier added the developer can respond to the counties issues and
Mark Kolczaski would have a chance to review.
j.Discussion/possible action on recommendation of the Public Works
Committee to approve the Frank Brothers bid for the 2006 Road Work,
not to exceed $ 200,128.30.
Pelletier reported that Frank Brothers was the low bidder; they came
in $ 23,000 less than Amon. In talking with Mark Kolczaski it was
determined even though the town had a
$ 250,000 budget, anything over $ 209,000 would fall into the law
dealing with prevailing wages rates. This would require the town to
pay higher labor rates and less work would be done as a result.
The Town Engineer recommended the town accept the Frank Brothers base
bid and add alternates 1 & 4 to stay below the threshold amount.
There were multiple questions at the work committee meeting regarding
the quality of work of Frank Brothers and Mark Kolczaski stated the
specifications for this bid were written by Baxter and Woodman. The
issues with Frank Brother’s work was not with bid specs written by
Baxter & Woodman, but with those written by Jim Wolfgram.
Chair Pelletier made a motion to award the Base Bid and Alternates 1
& 4 to Frank Brothers, for an amount not to exceed $ 200,128.30. The
motion was seconded by Supervisor Malsch.
Supervisor Malsch asked if the Town Engineer would be overseeing the
construction.and Chair Pelletier responded yes.
The motion carried unanimously.
k.Discussion/possible action on recommendation of the Public Works
Committee to approve an amount not to exceed $ 30,000 from equipment
replacement for a used backhoe/loader.
Chair Pelletier reported this item came up at the Public Work
Committee Meeting. Chair Pelletier stated that Mike Petkoff reported
to the committee that the town previously owned a backhoe loader,
which became unoperable and it was never replaced. Petkoff feels that
if the Town purchased one again, the Town could save a lot of money
doing culvert replacements and digging drainage ditch lines. Petkoff
added that his newest hire is a skilled equipment operator; which
gives the town two employees able to do the work. Petkoff feels the
purchase could pay for itself.
Chair Pelletier made a motion to authorize Mike Petkoff to seek out a
used backhoe/loader for an amount not to exceed $ 30,000 (charged to
equipment replacement). Supervisor Nowak seconded the motion and the
motion carried unanimously.
Chair Pelletier mentioned that Supervisor Polzin is ok with this
action.
l.Discussion/possible action on recommendation of the Public Works
Committee to approve an amount not to exceed $ 10,000 from equipment
replacement for a Woods Rotary Mower.
Chair Pelletier stated this mower is used to cut the right of ways
with. The mower currently owned cuts vertically instead of
horizontally and the grass gets wrapped up in the rotating blade and
is down for multiple hours each time for repair. The repairs for the
blades on the current unit cost about $ 1,200 to repair and with the
rotary type mower the cost would br $ 250. The recommendation is to
keep the tractor and replace the mower.
Chair Pelletier made a motion to approve the purchase of a Woods
Rotary Mower for an amount not to exceed $ 10,000 (charged to
equipment replacement). Supervisor Malsch seconded the motion and the
motion carried unanimously.
m.Discussion/possible action to adopt Ordinance # 275 to create
section 8.11 (4) of the Municipal Code related to variances for
driveway specifications.
Chair Pelletier stated that recently there was a resident who was
denied a permit because his driveway didn’t fall into the requirement
of having a 24 foot wide clearance. It was determined that a lot of
homes also fall into these specifications. This Ordinance will
provide a provision for people that don’t fit into the specs of the
current ordinance.
.
Chair Pelletier made a motion to dispense with the 1st reading and
move on to the 2nd reading for Ordinance # 275 with a second from
Supervisor Nowak and the motion carried unanimously. Chair Pelletier
made a motion to dispense with the 2nd reading and adopt Ordinance #
275 to create section 8.11 (4) of the Municipal Code related to
variances for driveway specifications with a second from Supervisor
Nowak and the motion carried unanimously.
n.Discussion/possible action to adopt # 276 to repeal and recreate
Section 9.155 of the Municipal Code related to possession, manufacture
or delivery of drug paraphernalia.
Chair Pelletier stated the law now allows the Town to write up
infractions of possession of drug paraphernalia to bring before the
Town’s Judge. This ordinance would permit such action.
Chair Pelletier made a motion to dispense with the 1st reading and
move on to the 2nd reading of ordinance # 276 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 #
276 to repeal and recreate Section 9.155 of the Municipal Code related
to possession, manufacture or delivery of drug paraphernalia with a
second from Supervisor Malsch. 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 7:55 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair