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March 20, 2007 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
March 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 Clerk, Colleen Endisch
Supervisor, Dolores Nowak Police Chief, Andrew Mayer
Supervisor, Wayne Polzin Fire Chief, Gerald Edwards
Supervisor, Bill Endisch PW Foreman, Mike Petkoff
Mechanic, Tom Thiele
Town Attorney, Steve Wassel
Press: Mike Hoey
Audience: Approximately 31 people
Chair Pelletier declared a quorum present for doing business.
Communications:
Clerk Endisch read a letter from the Delavan-Williams Bay Sno-Buddies
Snowmobile Club; thanking the Town of support of their organization.
The correspondence also requests the $ 500 that was approved in the
2007 Park Budget.
Comments and suggestions of citizens present:
Supervisor Endisch asked Chair Pelletier if he could be recognized as
a citizen for public comment. Supervisor Endisch remarked he is
bringing a letter to the attention of the town board for two reasons.
One, as a veteran and for all of those who fought, suffered and died
for this country and then to have representative of this town to want
to deny anyone who doesn’t own property the right to vote is very
un-American. Endisch added he didn’t believe the residents of this
town should pay for any elected official to be reimbursed any expenses
that are promoting their own personal agenda.
Supervisor Endisch then read correspondence that was received from
Dan Johnson, Chief of Staff for State Senator Neal Kedzie. The
correspondence referred to Supervisor Wayne Polzin’s visit to Senator
Kedzie’s office on March 14, 2007. The letter said that Mr. Polzin
believes that Senator Kedzie should do something about the current
tax-exempt status that Westshire residents currently enjoy. In
addition Mr. Polzin said “he believes because you and your neighbors
are not subject to the property tax, that – in his words- you should
not be allowed to vote”. Mr. Polzin went on and reiterated this
statement twice more during a rather heated conversation. Senator
Kedzie’s office said they did not agree with his sentiments and were
disappointed with his belief that “those people at Westshire” should
not be allowed to vote. They added that there were equally
disheartened about his comments considering a recent Letter to the
Editor submitted by Mr. Polzin to the Janesville Gazette encouraging
people to go to the polls and vote on April 3rd. Kedzie’s office
remarked they weren’t certain if Mr. Polzin would publicly admit to
making such comments, but that he certainly made them well know within
the confines of our Capitol office.
Supervisor Polzin asked to be recognized to respond to the
accusations and Chair Pelletier asked him if he really wanted to
answer this. Supervisor Polzin responded yes, he needs to defend
himself. Chair Pelletier said I don’t know what you are going to
defend, the letter from Senator Kedzie’s office speaks for itself.
Polzin stated he needs to respond. Polzin said he went up to Madison
on official Town business to attend a meeting with a Town’s
Association and he went to Kedzie’s office after the meeting. He was
having a conversation with someone in Kedzie’s office, when someone
else came out of the background who said this conversation is going to
end right here. Polzin said Westshire was giving a lot of money to
Kedzie. Polzin added he doesn’t think those people have a right to
vote in local elections; they are spending our money and pay no local
taxes. Supervisor Polzin said he has paid taxes in this town for 25
years and has never complained about it. He feels that Westshire can
stack any meeting; defeat the Town of Delavan in any election and he
is fed up with this. Polzin also said that Kedzie is out of line
saying that he is a Republican and that he (Polzin) represents
Kedzie’s office; he will never represent him. Polzin asked how Kedzie
knows what he is; he is an individual; not a Republican.
Merilee Holst; 2504 N. Shore Dr. addressed the board saying she had
made a request to the Town Hall for copies of the agreement the Town
of Delavan had with Phenco Inc., for the Mound Rd. and Brown’s Channel
projects. She felt that Town Hall should have had this agreement on
file for the public to view. When they received the agreement, they
identified the following items as additional piece of information they
would like to look at; Instruction to Bidder, General Conditions,
Supplemental General Conditions, Change Order, Drawings (prepared by
Liesch); Specifications prepared or issued by Liesch and the Addenda.
Ms. Holst added these documents should be available at Town Hall so
that a resident doesn’t have to go through the expense of paying for
the documents. If they pay for the documents provided by Liesch they
are not sure if they have every page of the agreement.
Chair Pelletier responded that these documents are like many other
documents that are created that a second party retains the
documentation. Pelletier added we are going through the same thing
with Incorporation documents from the last attempt; which were
retained in an Attorney’s office; documents that were created for the
town by the town.
Chair Pelletier said he would confer with legal counsel to see what
the town’s responsibility is; we don’t have the documents in town
hall. He thanked Ms. Holst for her comments.
Gary DeVries remarked he would like to refer to new business letter
(d) in the agenda tonight. DeVries said there was an agenda sent to
him prior to the Park & Tourism meeting of March 1, 2007 at noon. Mr.
DeVries had other commitments for that evening and couldn’t attend
another meeting that was rescheduled and noticed for 7 PM that same
night. He would just like the board to know he didn’t vote on the
approval for this expenditure.
Supervisor Endisch asked if he could respond and Chair Pelletier said
he would have an opportunity when the item came up on the agenda.
Chief Mayer asked for the floor; he presented Treasurer Shari
Wisniewski and Clerk Colleen Endisch each with a letter of
appreciation. Chief Mayer read the letter of appreciation and
thanked Treasurer Wisniewski and Clerk Endisch for their invaluable
support they gave to the Officers and Staff of the Town of Delavan
Police Department.
Approval of Minutes:
Minutes of Town Board Meeting of February 20, 2007
Minutes of Special Town Board Meeting of March 13, 2007
Minutes of Town Board Work Meeting of March 14, 2007
Supervisor Malsch made a motion to dispense with the readings and
approve the minutes for the Town Board Meeting of February 20, 2007,
Special Town Board Meeting of March 13, 2007 and the Town Board Work
Meeting of March 14, 2007 with a second by Chair Pelletier.
Supervisor Polzin said the minutes of February 20, 2007 reflect a
date of February 22, 2007; Clerk Endisch will amend these minutes.
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 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
48136 thru check number 48300 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 to approve the Employee Handbook.
Supervisor Nowak reported the Administrative Committee has worked all
of last year in the regular administrative meetings and many special
meeting completing this manual. The Town didn’t have manual in place
for many years. A few weeks ago Clerk Endisch provided all the Board
with copies of the Handbook for their comments; comments have been
received and record. She is looking for approval to print and
distribute the handbook to all employees.
Supervisor Nowak made a motion on recommendation of the
Administrative Committee to approve the Employee Handbook and have
authorization to distribute to all employees. Supervisor Malsch
seconded the motion.
Chair Pelletier complimented the committee for the good job; he is
glad it is done.
The motion carried unanimously.
b.Discussion/ possible action on recommendation of the Administrative
Committee to approve
an amount not to exceed $ 1,276.56.
Supervisor Nowak reported that the legal fees in connection with the
employee handbook were a little higher than had originally been
approved. The attorney’s did a lot of work in areas which required a
lot of legal advise. She is asking the board to approve the invoice
from Von Briesen for $ 1276.36.
Supervisor Nowak made a motion on recommendation of the
Administrative Committee to approve an amount not to exceed $ 1,276.56
for the legal expenses incurred for the Employee Handbook with a
second from Supervisor Endisch.
Supervisor Polzin said this is an illegal agenda item; the item has
no explanation. Chair Pelletier asked Attorney Wassel who responded
he didn’t think there was an issue here; no citizen would have
interest in this, but would probably advise to table.
Supervisor Nowak with drew her motion and Supervisor Endisch removed
his second and the motion carried unanimously.
c.Discussion/possible action on recommendation of the Fire & Rescue
committee to adopt Ordinance # 285 to repeal and recreate Section
5.055 of the Municipal Code to adjust the rates for charges for Fire
and Rescue Services.
Supervisor Nowak reported that once a year; the fees and rate
schedule for Fire and Rescue Services needs to be reviewed and if
changed the ordinance needs to be amended to allow for the adjustment
in fees for services.
Supervisor Nowak made a motion on recommendation of the Fire and
Rescue Committee to dispense with the first reading of Ordinance # 285
and move on to the second. Chair Pelletier seconded the motion and
the motion carried unanimously. Supervisor Nowak made a motion on
recommendation of the Fire and Rescue Committee to dispense with the
second reading and adopt Ordinance # 285 to repeal and recreate
Section 5.055 of the Municipal Code to adjust the rates for charges
for Fire and Rescue Services. Chair Pelletier seconded the motion and
the motion carried unanimously.
Supervisor Polzin asked why Chair Pelletier asked Supervisor Nowak to
address this item; as he is the Chair of the Fire & Rescue Committee.
Chair Pelletier responded he apologizes for that.
d.Discussion/possible action on recommendation of the Park & Tourism
Committee to approve
$ 9,200 to be charged to fees in lieu for the preliminary design and
budgeting for proposed new Community Center building.
Supervisor Endisch said the Park Committee has been discussing
constructing an additional building for Town Park for over a year.
Endisch said the current building would still be available for the
open air concept for 4th of July; Fireman’s picnic, etc. The
conceptual idea and drawing have been run by county and DNR, and that
both agencies don’t have any issues with it.
Endisch explained he did have a meeting that he noticed for noon on
March 1, 2007, which was noticed incorrectly, the meeting was to be
held at 7 PM that same date. Endisch said when he realized the
mistake he conferred with his committee and it was agreed to
reschedule the meeting to 7 PM that evening as that was when the
invited guests were scheduled to be in attendance. He immediately
re-noticed the meeting; there was a six hour notice for the new
agenda. Endisch added two citizens came to the meeting; a mother and
her son; who saw the meeting noticed.
Supervisor Endisch made a motion to approve $ 9,200 (from fees in
lieu) for the preliminary design and budgeting for a proposed new
Community Center Building. Supervisor Malsch seconded the motion.
Supervisor Polzin remarked that spending $ 9,200 for this is like
throwing it out the window.
$ 26,000 had been spent a few years back for the same idea which
never went anywhere. Before we waste another dime on this; our
chairman was outvoted on the $ 25,000 padding for the new doors; the
park committee hadn’t received authorization from the Town Board to
research this issue. Polzin feels the town needs a new town hall;
this is where the meetings are. He thinks we are ignoring the needs
of the citizens. He added the town hall could be torn down and could
be operated out of a trailer.
Supervisor Malsch said the monies for this project are coming from
fees in lieu and all this committee is doing is finding out how much
it is going to cost and how would it look. Supervisor Polzin asked
for the courtesy of thirty days to research this issue.
Chair Pelletier responded Polzin is correct; he felt the expenditure
for the insulation on the doors was a waste of money and the building
is cold, the sound is terrible. He can personally attest to that as
no one has spent more time than him at the park the last year.
Pelletier said he thought the Town should be looking at the needs of
the Town in a different manner. He said typically in the past the
Town reacts based on low taxes and low budgets and doesn’t investigate
other ways of improving the functionality of its facilities. He added
the same due diligence should be done on investigating a new own hall;
let’s see what the town’s needs are. Pelletier doesn’t think the
focus should be on the building in the park. He thinks both can be
explored and then put them side by side. Pelletier said he doesn’t
think the town can afford both; that would be a mistake. Chair
Pelletier said just because there has been no committee assigned to
look into this issue doesn’t mean that it shouldn’t be looked at.
Chair Pelletier appointed himself and Supervisor Polzin to an Ad Hoc
Committee to investigate the possibility of building a new town hall
and Supervisor Polzin agreed.
Supervisor Nowak said we all agree that the town needs a new town
hall. Nowak said the Town hasn’t pursued the issue recently; she
isn’t sure the county will allow the town to tear down the old town
hall and operate out of a trailer. She added if the town is seriously
thinking about this; they would probably need to purchase land.
Supervisor Polzin said that the monies from “in lieu of” are still
our money; we can spend it for whatever we want to; if that money is
gone it’s gone. There is no Santa Claus here. Treasurer Wisniewski
asked Attorney Wassel about fees in lieu; aren’t these funds limited
to be spent on the park and Attorney Wassel responded yes. Chair
Pelletier responded that the monies will be needed for other things at
the park.
Supervisor Malsch commented that the Police Committee didn’t get
permission to investigate a new police department and that Public
Works (Chair Pelletier and Supervisor Polzin) didn’t get approval from
the town board for a design for a new salt shed. He doesn’t
understand what the difference is. Chair Pelletier said we could
store the salt in the basement. Pelletier added he would like an ad
hoc committee formed to gather facts regarding a new town hall. He
felt this should take a couple of months and this park agenda should
be put on hold.
Supervisor Polzin said soon after the Police Station was constructed
he asked about the generator for the Department and found out they
didn’t have one and asked where is your generator. What will you do
if the power is out?
Attorney Wassel reminded Supervisor Polzin he was getting off the
agenda item.
Chair Pelletier asked for a roll call vote on this item.
Chair Pelletier, No; Supervisor Malsch, Yes; Supervisor Nowak, No;
Supervisor Polzin, No; and Supervisor Endisch, Yes. The motion failed
with a three to two vote against.
e.Discussion/possible action on recommendation of the Plan Commission
to approve CSM for land division for Craig Curry – Tax Key FD36-110
located on Ingersoll Place.
Chair Pelletier said that Mr. Curry first came to the Plan Commission
around two years ago. He owns a five acre piece of property on the
south side of Ingersoll Place, with the land being zoned R-1. Mr.
Curry wants to subdivide the property into three pieces, and in doing
so it was determined that Mr. Curry would need to figure out a road
maintenance agreement. Mr. Curry discovered there was an existing
road maintenance agreement; it is recorded on everyone’s deed. On
that basis the Plan Commission voted unanimously to approve the CSM.
Chair Pelletier added there was a rather heated discussion at the Plan
Commission Meeting and the neighbors were very unhappy with the land
division. Chair Pelletier said Mr. Curry is just following county
zoning laws, which protect each land owner in this room and the plan
commission voted 7 to 0 to recommend to County Zoning.
Chair Pelletier recognized Attorney Jennifer Riemer, who raised an
objection on the approval of the CSM for her clients Daryl and Lisa
Krause. Attorney Riemer argued that the proposed land division was
not in compliance with subdivision ordinances and was not conforming
to the Master plans goals. She had concerns about the road being a
cul-de-sac and not having ample room for emergency vehicles to turn
around. Attorney Riemer expressed her opinion on what effect this
approval will have on the other land owners in the subdivision. Chair
Pelletier responded two of those residents have already subdivided.
Attorney Riemer told the board that Williams Bay did not pass the
extra-territorial review last week and asked if the town had been
notified. Chair Pelletier said he was not aware of their review.
Mr. Curry responded he doesn’t understand this process; I have done
what ever everybody else has wanted me to do. Curry said he is only
trying to provide a lot for his son. He didn’t rezone, several
requirements were put on by the county and he has met all of these.
Chair Pelletier responded he agreed; Mr. Curry hasn’t asked this board
to further subdivide his property, he has met all the requirements.
Mr. Curry said he will reapply to the Williams Bay President, but has
already spoken to him and the President told him their action was only
advisory in nature. It was pointed out the Williams Bay needed to
sign the CSM before filing.
Chair Pelletier made a motion to table until next month with a second
from Supervisor Malsch.
Supervisor Polzin asked Mr. Curry if he was aware that he was in
violation of the Town of Delavan. Polzin added that Mr. Curry had
been notified six to nine months ago about having two residences on a
single family lot; that someone cannot live there.
Mr. Curry read a letter from Nancy Welch, Walworth County Code
Enforcement Officer that stated her office on May 22, 2006 confirmed
that the second dwelling unit that exists on the accessory structure
is a legal non-conforming use. Since That time, she conducted an
inspection of the dwelling and received the most recent assessment for
the structure and added a few conditions on how the residence could
remain as a legal use of the structure.
Supervisor Polzin responded did you hear that illegal; Attorney
Wassel responded he didn’t say illegal, but legal. Attorney Wassel
said the issue is non-debatable here. Mr. Curry submitted the letter
from the county to the clerk to be put with his records.
The motion carried unanimously.
f.Discussion/possible action on recommendation of the Plan Commission
to approve a petition for variance for Matthew Sloan – Tax Key
FD2800002A; 1522 Beckman Dr. (Inn Between Bar)
Chair Pelletier reported that Mr. Sloan wanted to take down an old
house and build a new one. Mr. Sloan was told by county that a new
home would have to be attached to the bar; not separated. Mr. Sloan
then applied for a variance to rebuild by tearing down the old and
building on the same footprint. The plan commission voted unanimously
to recommend to county that they approve Mr. Sloan’s petition for the
variance.
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve a petition for a variance for Matthew Sloan –
Tax Key FD2800002a; 1522 Beckman Dr., with a second from Supervisor
Malsch and the motion carried unanimously.
g.Discussion/possible action on recommendation of the Plan Commission
to approve CSM for land division for Rita Yadon – Tax Key No. FD700002
Located at 4348 Dam Rd.
Chair Pelletier explained that Ms. Yadon owns the nursery on Dam Rd,
with the eastern portion bordering on Lake Comus. Three months back
she rezoned the property from C4 and A1 to C2 and now she has come
back for a CSM for a land division. The plan commission is
recommending this CSM.
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve and recommend to county a CSM for a land
division for Rita Yadon, Tax Key No. FD700002, located at 4348 Dam Rd.
Supervisor Polzin seconded the motion and the motion carried
unanimously.
h.Discussion/possible action on recommendation of the Plan Commission
to approve a CSM for land division for Dana Montana – Delavan Lake
Enterprises – Tax Key No. FD 2500002 for property located at 5065
State Highway 50.
Chair Pelletier explained that Dana Montana petitioned the Plan
Commission for a land division on the old Doane Pet Food Factory
property which is 50 acres zoned C-2. She is asked to be allowed to
split 7 acres to build a residence on. There is nothing out of the
ordinary here and the Plan Commission voted unanimously to approve.
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve a CSM for land division for Dana Montana,
Delavan Lake Enterprises, Tax Key No. FD2500002 for property located
at 5065 State Highway 50. Supervisor Malsch seconded the motion.
Supervisor Polzin asked if she was parking on any of the land over
there. Chair Pelletier responded know. Polzin remarked he isn’t sure
how big of crowds she is drawing there and he was wondering if this is
permissible for overflow parking. Chair Pelletier said he doubted it,
but yes she could park there. It was explained that Ms. Montana has
sufficient parking on other property she owns.
The motion carried with a four to one vote with Chair Pelletier and
Supervisors Malsch, Nowak and Endisch voting in favor and Supervisor
Polzin voting nay.
i.Discussion/possible action on recommendation of the Public Works
Committee to approve reimbursement for Tom Thiele for a portion of his
cell phone for an amount not to exceed $ 30.00 per month.
At the Public Works Committee Meeting mechanic Tom Thiele asked the
committee if he could receive some monetary reimbursement for a
portion of his cell phone, Chair Pelletier reported. Chair Pelletier
said that Thiele is using his personal cell phone to discuss town
business when he is not on the town property where he has access to a
land line. Thiele is very often off site picking up parts, working at
one of the fire stations, etc. Pelletier added he believes Thiele’s
use of his personal phone is a convenience to the town and it allows
him to remain productive when off-site.
Chair Pelletier made a motion on recommendation of the Public Works
Committee to approve reimbursement to Tom Thiele for a portion of his
cell phone for an amount not to exceed $ 30 per month with a second
from Supervisor Malsch and the motion carried unanimously.
j.Discussion/possible action on recommendation of the appointed Fence
Viewers (Bill Endisch & Wayne Polzin) to adopt the Partition Fence
Order.
Supervisor Endisch said he is asking to table this item. Endisch
explained the law requires both parties be given written notice of any
action and Mr. Reed agreed to waive the notice but Shodeen did not.
Attorney Wassel added the board should consider another meeting for
this, and that the town needs to let them know eight days in advance.
Supervisor Endisch made a motion to table this agenda item with a
second from Supervisor Polzin and the motion carried unanimously.
Supervisor Polzin said he feels the Town should have the larger owner
pay the costs of having a special meeting. Polzin said Supervisor
Endisch spent a lot of his time on this and we shouldn’t let Shodeen
jerk us around and Shodeen should be charged for all costs involved.
Attorney Wassel responded you can’t sanction someone that wants to
follow the statutes. He added the town needs to serve these folks; it
makes sense to plan the meeting 10-14 days out. Chair Pelletier asked
how April 4, 2007 worked for the board or would they like to make a
part of a regular meeting or meet during the day. Supervisor Polzin
said we should make this meeting as inconvenient as possible Shodeen
because he has to drive all the way from Illinois, he feels we should
have a 7 PM on April 4, 2007. The date was set for 7 PM on April 4,
2007.
Adjournment:
Supervisor Malsch made a motion to adjourn the meeting with a second
from Supervisor Endisch and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 8:30 p.m.
ATTEST: APPROVED:
______________________________________ ________________________________________
Colleen Endisch, Town Clerk John Pelletier, Town Chair