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March 21, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
March 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 Chief Gerald Edwards
Audience: Approximately 11 people
Press: Matt Schwenke
Chair Pelletier declared a quorum present for doing business.
Chief Mayer did a brief presentation of the new part-time officers
followed by the Town Clerk, Colleen Endisch in doing the swearing in
ceremony. The new officers are:
Gerardo Baca
Lisa Linendoll
David Markley
Adrew Radloff
Bradley Schroeder
Communications:
Supervisor Malsch stated he was approached by the director of the
Chamber of Commerce about the Chamber getting more active with the
Town. Chair Pelletier stated he and Supervisor Hummel would work
something out with them.
Resident Lester Primasing asked if he could approach the board with
some information provided by EPA regarding burning and yard waste and
its effect on the environment. He also presented an open record
request for information regarding practice burns, 2004 & 2005 Shodeen
demolition permits and would like all documents to be entered into the
minutes. Clerk Endisch addressed the board and asked who would be
providing that information as she doesn’t have any of these records.
It was determined the request would go to the Fire Chief and he would
provide the information he has available.
Comments and suggestions of citizens present:
None
Approval of Minutes:
Special Town Board Meeting, March 2, 2006
Special Town Board Meeting, March 9, 2006
Town Board Meeting, February 21, 2006
Town Board Work Meeting, March 15, 2006
Supervisor Malsch made a motion to approve the minutes for the
Special Town Board Meeting of March 2, 2006 with a second from
Supervisor Nowak and the motion carried unanimously.
Supervisor Nowak made a motion to approve the minutes for the Special
Town Board Meeting of March 9, 2006 with a second from Chair
Pelletier. The motion passed unanimously with Supervisor Malsch
abstaining from the vote as he was not present at the meeting.
Supervisor Malsch made a motion to approve the minutes for the Town
Board Meeting of February 21, 2006 with a second from Supervisor Nowak
and the motion carried unanimously.
Supervisor Nowak made a motion to approve the minutes of March 15,
2006 with a second from Chair Pelletier and passed unanimously with
Supervisor Malsch abstaining from the vote as he was not present at
the meeting.
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 account as of
March 17, 2005. She added the Auditors have completed their field
work and would be providing the final audit results. 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 46313 thru
46449, with a second from Supervisor Hummel 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 increase the Tobacco License Fee to $ 50.
Supervisor Hummel reported the Administrative Committee reviewed all
license and general town fees and the Committee was recommending
increasing the fee for Tobacco Fees to $ 50. He added most of these
fees haven’t been raised for a significant amount of years.
Supervisor Hummel made a motion to dispense with the first reading of
Ordinance # 263 increasing the Tobacco License Fee to $ 50 with Chair
Pelletier seconded the motion and the motion carried unanimously.
Chair Pelletier asked if there was any discussion regarding the
ordinance. There was none.
Supervisor Hummel made a motion dispense with the second reading of
Ordinance # 263 and adopt Ordinance # 263 increasing the Tobacco
License Fee to $ 50 with a second from Supervisor Nowak and the motion
carried unanimously.
b.Discussion/possible action on recommendation of the Administrative
Committee to increase Assessment Notices Fess to $ 20 – Regular and $
40 if request is lesser than twenty-four hour notice.
c.
Supervisor Hummel made a motion to dispense with the first reading of
Ordinance # 264 increasing the fee for Assessment Notices to $ 20 for
regular requests and $ 40 if the request is lesser than twenty-four
hour notice with a second from Chair Pelletier. There was no
discussion. The motion carried unanimously.
Supervisor Hummel made a motion to dispense with the second reading
of Ordinance # 264 and adopt Ordinance # 264, based on the
recommendation of the Administrative Committee, which increases the
fee for Assessment Notices to $ 20 for regular requests and $ 40 it
the request is lesser than twenty-four hour notice with a second from
Chair Pelletier. The motion carried unanimously.
d.Discussion/possible action on recommendation of the Administrative
Committee to change the effective annual renewal dates for Business
Permits from January 1 to September 1, starting September 1, 2006.
Supervisor Hummel made a motion to dispense with the first reading of
Ordinance # 265 changing the effective annual renewal dates for
Business Permits from January 1st of each year to September 1st,
starting in September 1, 2006 with a second from Chair Pelletier.
There was no discussion. The motion carried unanimously.
Supervisor Hummel made a motion to dispense with the second reading
of Ordinance # 265 based on the recommendation of the Administrative
Committee to change the effective renewal date for Business Permits
from January 1st of each year to September 1st, starting on September
1, 2006 with a second from Chair Pelletier and the motion carried
unanimously.
e.Discussion/possible action on recommendation of the Administrative
Committee to add a wine permit to renters of the Community Center @ a
$ 10 fee.
Supervisor Hummel made a motion to dispense with the first reading of
Ordinance # 266 adding a wine permit for renters of the Community
Center @ a $ 10 fee with a second from Supervisor Nowak. There was no
discussion. The Motion carried unanimously.
Supervisor Hummel made a motion to dispense with the second reading
and based on the recommendation of the Administrative Committee adopt
Ordinance # 266 to add a wine permit for renters of the Community
Center @ a $ 10 fee with a second from Supervisor Nowak and the motion
carried unanimously.
Attorney Wassel commented that Ordinance # 270 also needs to be
adopted, as the current ordinance allowing open intoxicants in the
park only permits malt beverages.
Chair Pelletier made a motion to dispense with the first reading of
Ordinance
# 270 with a second from Supervisor Hummel and the motion carried
unanimously.
Supervisor Hummel made a motion to dispense with the second reading
and adopt Ordinance # 270 to repeal and recreate Section 9.12 (3) of
the Municipal Code related to exceptions for public sale and
consumption of intoxicants with a second from Chair Pelletier and the
motion carried unanimously.
f.Discussion/possible action on recommendation of the Administrative
Committee to require the renter of the Community Center to bear the
cost of hiring a police officer for all parties in excess of 200
attendees and serving beer and/or wine @ a cost of $ 30 per hour.
Supervisor Hummel reported based on the recommendation of the Police
Chief, the Administrative Committee would like the board to consider
making the renter of the Community Center bear the cost of hiring a
police officer when the number of guests exceeds 200. The parties
that have already been booked would be exempt from this change, but if
passed any new reservations would have the new requirement. This
language is part of Ordinance # 266 which was passed in item (d) on
the agenda, adding the requirement of hiring a Police Officer when the
size of the party is in excess of 200 guests.
g.Discussion/possible action on recommendation of the Administrative
Committee to increase the one-day bartender operators license fee to $
5 per day.
Supervisor Hummel made a motion to dispense with the first reading of
Ordinance # 267 and move on to the second with a second from
Supervisor Pelletier. There was no discussion. The motion carried
unanimously.
Supervisor Hummel made a motion based on the recommendation of the
Administrative Committee to dispense with the second reading of
Ordinance
# 267 and adopt Ordinance # 267 to repeal and recreate Section 11.02
(11) of the Municipal Code regarding related to one-day operators’
licenses changing the fee to $ 5 with a second from Supervisor Nowak
and the motion carried unanimously.
h.Discussion/possible action on recommendation of the Administrative
Committee to eliminate the Refuse Haulers Ordinance.
i.
Supervisor Hummel made a motion to dispense with the first reading of
Ordinance # 268 and move on to the second reading with a second from
Chair Pelletier. Chair Pelletier stated this was an ordinance that
was adopted by the Town Board and after adoption was not used, this
ordinance will take refuse haulers licensing off the ordinance code.
Supervisor Hummel made a motion to dispense with the second reading
of Ordinance # 268 and adopt Ordinance # 268 based on the
recommendation of the Administrative Committee to repeal section 11.17
of the Municipal Code pertaining to the licensing of refuse haulers.
Chair Pelletier seconded the motion and the motion carried
unanimously.
j.Discussion/possible action on recommendation of the Administrative
Committee to increase the fee for a Solicitation permit to $ 50.
Supervisor Hummel stated that Ordinance # 269 as written doesn’t
distinguish between a direct seller’s permit and a door to door
permit. The intent of the Administrative Committee was to change the
fee to $ 50 for only the door to door permit.
Supervisor Hummel made a motion to table this Ordinance until the
next meeting and bring back to the Administrative Committee for
discussion. Supervisor Malsch seconded the motion and the motion
carried unanimously.
k.Discussion/possible action on to approve speaker repair at
Community Park for an amount not to exceed $ 250.
Supervisor Hummel made a motion to approve the moving of the speaker
and repairs with a second by Chair Pelletier. Chair Pelletier
remarked he appreciated all the many additional park related items
that Mr. DeVries take care of. The motion carried unanimously.
l.Discussion/possible action on recommendation of the Park Committee
for approval to change the rates for the Community Center Rentals.
Supervisor Hummel stated the rates as presented have been approved by
the park committee. Hummel outlined the changes as: eliminating the
per person charge by increasing the overall fee rental charge.
Supervisor Malsch asked about the closing hours of the park, that the
hours are contradictory with the Town Ordinance. Supervisor Hummel
responded that dusk is around nine o’clock. Attorney Wassel stated
that on June 21st of each year sunset is rather late, dusk isn’t
defined anywhere in the statutes and the form should be changed to
reflect the actual closing time as stated in the Town Ordinance.
Chair Pelletier stated he agreed should be changed to conform.
Supervisor Hummel made a motion to approve the Community Center
Rental form, outlining the rates for 2006, along with changing the
form to reflect the hours as shown in the Ordinance, along with adding
the Wine Permit Fee with a second from Supervisor Malsch and the
motion passed unanimously.
m.Discussion/possible action on recommendation of the Park Committee
for approval to authorize funds of $ 4,700 (from fees in lieu) for a
new park sign and $ 80 to acquire the necessary permit from County.
Supervisor Hummel made a motion to approve the expenditure of $ 4,700
for a new park sign and $ 80 to acquire the necessary permit from the
County. Supervisor Hummel described the sign as 5 ½ x 8 foot long,
which includes 300 new letters. Supervisor Malsch asked if the old
sign was illuminated and Supervisor Hummel responded yes. Hummel
added the new sign would also be illuminated. Supervisor Polzin
seconded the motion and the motion carried unanimously.
n.Discussion/possible action for approval of the release/waiver form
to be used for park rentals. Chair Pelletier reported he asked this
release/waiver form be created for when the deposit fee isn’t
collected, the form would make the renter responsible for any damages
to the Community Center or shelters, which will the protect the town
and it’s equipment.
Chair Pelletier made a motion to approve the release/waiver form to
be used for park rentals, when the $ 500 deposit fee is not required,
making the renter responsible for damages with a second from
Supervisor Nowak. Supervisor Malsch asked who is going to approve the
use of the building without a fee, the town board or the park
committee. Chair Pelletier stated the elimination of the fee should
be determined by the Town Board. The motion carried unanimously.
o.Discussion/possible action for approval to waive the $ 500 deposit
fee for a volunteer fundraising event, with a signed release making
them responsible for damages. Supervisor Hummel stated he was
approached by a group from the Lennon Bus Co., who are running a
fishing derby to waive the deposit fee for the rental of community
park building. The group is raising monies for the Cancer
Association.
Chair Pelletier made a motion to waive the fee for the Lennon Bus
Co., Team for Cancer with the stipulation for them to sign the
waiver/release form with a second from Supervisor Malsch and the
motion carried unanimously.
p.Discussion/possible action on erroneous property charges for Robert
W. & Phyllis J. Kruger property (Tax Key FA210700001). Chair
Pelletier reported the assessment for Mr. & Mrs. Kruger was reduced to
$ 419,300 from an assessment of $ 697,000 during the open book. The
information was conveyed to the county and input incorrectly at the
county. Mr. Kruger received his tax bill his 2005-2006 taxes were $
11,463 and should have been $ 6,311. Mr. Kruger did everything right,
unfortunately the processing system didn’t input the data correctly.
In conferring with the assessor he suggests that he adjust Mr.
Kruger’s 2006 assessed value for 2006 to get back the overpayment of
$5,152 for this year. Pelletier stated he is looking for agreement
from the board to handle in this manner. It has been determined that
if the Town goes back to the state to get the overpayment back, we
would be declined because of the deminimus amount.
Attorney Wassel stated that in the case of a palpable error of this
nature the town isn’t legally obligated to do anything because the
taxpayer didn’t provide written notice. The assessor will be reducing
his 2006 assessment by the same amount he was over-assessed in 2005.
The assessor will inform Mr. Kruger of the change for 2006 and that no
change will be made to the 2005 tax bill. Supervisor Polzin asked if
that was satisfactory with the homeowner. Chair Pelletier responded
the homeowner hasn’t been contacted yet, but if he doesn’t agree with
this resolution his only alternative would be to sue the town, which
would be difficult because he didn’t provide written notice.
Chair Pelletier made a motion to direct the assessor to inform Mr. &
Mrs. Kruger regarding the assessment on their 2005 tax bill, with the
resolution being to adjust the 2006 assessment to make up for the
error. Supervisor Polzin seconded the motion and the motion carried
unanimously.
q.Discussion/possible action on erroneous property charges for Eric
R. & Cindy L. Rohrer property (Tax Key FDC3 00009). Chair Pelletier
stated that Mr. and Mrs. Rohrer assessment was set at $ 159,000 and in
discussing with Keith Munson the assessment should be $ 112,000,
resulting in an additional $ 754 addition. Pelletier said Mr. & Mrs.
Rohrer didn’t come to open book nor board of review. The Rohrer’s
made no mention of an over-assessment until they received their
property tax bill when they called the assessor to say their taxes
were too high. Pelletier added this is an entirely different
situation; the Rohrer’s didn’t do anything they should have.
Chair Pelletier made a motion to not address this over assessment,
with Keith Munson informing the taxpayer. Supervisor Malsch if there
were any others out there. Pelletier responded that we are unaware of
any at this time. Supervisor Nowak asked if the assessment would be
corrected for the 2006-2007 season. Chair Pelletier responded yes.
Supervisor Nowak seconded the motion and the motion passes with Chair
Pelletier, Supervisors Nowak and Hummel voting in favor and
Supervisors Malsch and Polzin voting nay.
r.Discussion/possible action on recommendation of the Plan Commission
to deny the CSM for Craig Curry, Tax Key FD-36-110, 2863A/2863B
Ingersoll Place.
Chair Pelletier stated Mr. Curry owns five acres on Ingersoll Place,
which is a parcel large enough to be divided into three build able
lots, zoned R-1. One of the stipulations from the Plan Commission was
that Mr. Curry needed a written agreement from all the homeowners on
Ingersoll Place regarding the maintenance for the road and he has not
been successful getting the agreement signed. The Plan Commission
voted to deny the CSM for Mr. Curry and Pelletier believes the board
should act upon this issue to ensure that Mr. Curry doesn’t
automatically get approval from the county thru the back door because
the town didn’t act on.
Chair Pelletier made a motion based on recommendation of the Plan
Commission to deny the CSM for Craig Curry, Tax Key FD-36-110,
2863A/2863B Ingersoll Place with a second from Supervisor Malsch and
the motion carried unanimously.
s.Discussion/possible action on recommendation of the Plan Commission
to approve a rezone for Somerset Marine from A-1 to A-4, 5167 State
Hwy 50, Tax Key FA109800002.
Chair Pelletier stated that Somerset Marine is the boat retail store
and repair on Hwy. 50 and they are asking to rezone 8 acres to the
south of their existing building to erect six metal storage sheds 100
x 150, 30 feet tall to store boats in. Chair Pelletier stated the
Plan Commission reviewed. Pelletier stated the neighbors are in
agreement for the structures and he wants to make sure the Town Board
understands this is a substantial visual impact in the area.
Chair Pelletier made a motion to accept the Plan Commission
recommendation to approve a rezone for Somerset Marine from A-1 to
A-4, 5167 State Hwy. 50, Tax Key FA109800002, with a second from
Supervisor Malsch and the motion carried unanimously. Chair Pelletier
will inform the county.
t.Discussion/possible action on recommendation of the Plan Commission
to approve a CSM for Chateau Condominium Plat on the old Mitchell
property, South shore Dr., FD2700003 and FD2700001B.
Chair Pelletier stated this lakeside property is being split into two
lots, which will both meet the 40,000 minimum for the rezone change.
Pelletier stated this was approved unanimously through the Plan
Commission.
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve a CSM for Chateau Condominium (Mitchell
Property) South Shore Dr., FD2700003 and FD2700001B with a second from
Supervisor Malsch. Attorney Wassel asked if this was being approved
because it was on the table prior to the moratorium and if so it
should have been in old business. The Motion carried unanimously.
u.Discussion/possible action on recommendation of the Plan Commission
to approve a CSM for Garrity property for a land separation,
FD2700035, North Shore Drive east of Borg. Rd.
Chair Pelletier stated this property is not in shore land zoning, it
is a large parcel (6 acres) and the CSM was unanimously approved by
the Plan Commission.
Chair Pelletier made a motion to approve a CSM for the Garrity
property for a land separation, FD2700035, North Shore Drive east of
Borg Rd., with a second from Supervisor Malsch. The motion carried
unanimously.
v.Discussion/possible action on recommendation of the Plan Commission
to extend the moratorium on Lake Front properties for an additional
six months.
Chair Pelletier stated that Ordinance # 271 to extend the moratorium
for the Lake Front properties for an additional six months needs to be
adopted. Pelletier reported the board previously funded a part of the
project to obtain maps from the county to identify the parcel.
Pelletier added the extension would give the Town more time to get
paperwork to the county and give time for the county to act on.
Supervisor Polzin made a motion to dispense with the first reading
and move on to the second for Ordinance # 271 with a second from
Supervisor Malsch.
Supervisor Polzin made a motion to dispense with the second reading
and based on the recommendation of the Plan Commission to adopt
Ordinance # 271 to extend the moratorium on Lake Front properties for
an additional six months with a second from Supervisor Malsch and the
motion carried unanimously.
w.Discussion/possible action regarding retention of planning
consultant from PDI to assist in review of Shodeen development
proposal.
Chair Pelletier stated the cost of these services will be paid for by
the developer. Carolyn Esswein from PDI, who worked on the Town’s
2002 master plan, would be the consultant and she may only be used to
assist during the plan review and updated the town land use plan. The
county is requiring us to update our plan and SEWRPC won’t consider
extended their service until the land use plans reflect the usage by
Shodeen.
Supervisor Hummel made a motion to hire Carolyn Esswein as a Planning
Consultant to assist in the review of the Shodeen Development proposal
with a second from Supervisor Polzin. Supervisor Polzin commented
that he is happy the town is doing this sooner rather than later. The
motion carried unanimously.
x.Discussion/possible action on approval of the Driveway Ordinance.
Chair Pelletier stated the board had a special meeting regarding
Ordinance 272 and the board agreed the revisions as printed.
Supervisor Polzin made a motion to dispense with the first reading
and move on to the second with a second from Supervisor Nowak and the
motion carried unanimously.
Supervisor Polzin made a motion to dispense with the second reading
and adopt Ordinance # 272 repealing and recreating Sections 8.09 and
8.11 of the Municipal Code relating to construction permits and
driveways with a second from Supervisor Malsch 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 8: 15 PM p.m.