Home Page: Town Board Minutes
|
May 16, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
May 16th, 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 Wayne Polzin Attorney Wassel
Supervisor Bill Endisch Chief Andrew Mayer
EXCUSED:
Supervisor Dolores Nowak
Audience: Approximately: 10 people
Press: Matt Schwenke
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
Attorney Creedy addressed the board in regards to the rezone from R2
toR2A, stating he felt this was overkill on the part of the board.
Creedy stated this has a large impact on Dr. Thomas’s property and the
town is denying Thomas the right to use his property. Creedy remarked
that Dr. Thomas’s property could have been divided into three or four
parcels, which is consistent with all the other homes on Glen Eyrie
Lane. Attorney Creedy stated that looking around the lake there are
areas that are overbuilt and he does understand the position of the
board regarding the offensive density, but Dr. Thomas’s parcels don’t
fall into that category. Creedy added that he does believe that Mr.
Cook, a representative of the Plan Commission, does have a conflict of
interest voting on an issue involving Dr. Thomas’s property. Attorney
Creedy stated that Dr. Thomas would be taking his issues to the county
for approval.
Supervisor Malsch stated he has two announcements: He will have a
car available for any town officials to ride in for the May 29th,
Memorial parade in the city. The parade is scheduled for 8:30 a.m.
Malsch reported the Police Department has announced their open house
for Sunday June 20, 2006 at 10 a.m.
Supervisor Polzin stated that in reading the minutes from when he was
out of town he read that Supervisor Malsch had made statements about
him and he would like an explanation of what was said. Polzin added
he thought it was inappropriate to bring up at a meeting that he
wasn’t in attendance, that he would have the guts to talk about him in
open session when he didn’t have the opportunity to respond to the
accusations. Supervisor Malsch responded that he had the right to
pursue the issue of Polzin writing about Westshire on his own and
representing himself as a board member, by signing the articles Wayne
Polzin, Supervisor. He added he has an issue with him running up
attorney fees and fees of open record requests about something that is
not board related. Polzin responded that he didn’t contact the
attorney, the attorney contacted him, and he does have a right as a
citizen to make an open record request to the assessor. Chair
Pelletier stated this conversation was going no where and asked it to
stop.
Approval of Minutes:
Public Hearing of April 18, 2006
Town Board Meeting of April 18, 2006
Special Town Board Meeting of April 20, 2006
Special Town Board Meeting of May 1, 2006
Special Town Board Meeting of May 8, 2006
Town Board Work Meeting of May 10, 2006
Supervisor Malsch made a motion to approve the following minutes:
Public Hearing of April 28, 2006, Town Board Meeting of April 18,
2006, Special Town Board Meeting of April 20, 2006, Special Town Board
Meeting of May 1, 2006, Special Town Board Meeting of May 8, 2006 and
the Town Board Work Meeting of May 10, 2006, with a correction on the
roll call for the Town Board Meeting of April 18, 2006. Chair
Pelletier seconded the motion. The motion passed unanimously with the
exception of Supervisor Polzin abstaining from the minutes of May 8
and 10, 2006. Chair Pelletier made two minor changes to the minutes
of May 10, 2006.
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,
May 15, 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
Endisch and the motion carried unanimously.
Finance Committee recommendation regarding payment of monthly bills.
Chair Pelletier made a motion to pay bills starting with 46607 thru
46731 with a second from Supervisor Malsch 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 Deputy Clerks hourly wage $ 1.
Chair Pelletier stated the Administrative Committee reviewed
the workload of the Town Hall office and
concluded a couple of things. One of the concerns was the
wage level of the Deputy/Clerk-Treasurer,
this is less then is being paid in other communities. The
recommendation is to increase the hourly
rate to $ 11 per hour and Chair Pelletier feels this is the
sensible thing to do. When Jan was hired last
fall, we hired her at a low rate, and she has worked out real
well. Pelletier added the amount the
committee is asking for is in line with the contribution she
makes to the office. Supervisor Malsch
made a motion to increase the Deputy Clerk-Treasurer hourly
wage to $ 11 with a second from
Chair Pelletier. Supervisor Malsch stated that both the
clerk and treasurer give nothing to praise for
the level of work and commitment to the office and he feels
that she is well worth the increase. The
motion passed unanimously.
b.Discussion/possible action on recommendation of the Administrative
Committee to hire temporary part-time office staff for the remainder
of 2006.
Chair Pelletier stated this had been discussed at the work
meeting. He stated the Town Hall office is
having a difficult time keeping up with the volume of work the
Shodeen Development project has added with the one to four additional
meeting per month. These meetings are resulting in transcripts of
twenty to twenty-five pages long, which is a very arduous process.
When Jan was hired to be the plan commission secretary the support was
to be limited to ten hours a month and the Shodeen proposal along with
another significant project are creating a different type of work
demand. The Administrative Committee approached the Town Board
regarding a ½ time person, twenty-hours a week for the balance of the
year. Clerk Endisch is also looking into hiring a service to do the
transcribing of the minutes of the meetings. The difficult part of
this is the machine we are using, the transmissions can only be read
on that particular machine and it is difficult to transfer the
information to another media. If the clerk determines to hire a
temporary person the rate would be $ 9 per hour. Chair Pelletier made
a motion to hire part-time temporary help not to exceed 600 hours or
have the meetings sent out to be transcribed, within the budget of a
temporary part-time employee. Larry Malsch seconded the motion and
the motion carried unanimously.
c.Discussion/possible action to approve Resolution # 183 to move $
7,500 from contingency to Office Secretary wages and fringes.
Chair Pelletier stated that Resolution #183 has been created to pay
for the person and the increase and wages. Chair Pelletier made a
motion to dispense with the first reading of Resolution # 183 to move
$ 7,500 from contingency to Office Secretary Wages and Fringes with a
second from Supervisor Malsch and the motion carried unanimously.
Chair Pelletier made a motion to dispense with the second reading and
approve Resolution # 183 to move $ 7,500 from contingency to Office
Secretary Wages and fringes with a second from Supervisor Malsch and
the motion carried unanimously.
d.Discussion/possible action on recommendation of the EGAD Committee
to re-approve the Town of Delavan Calendars for 2007, excluding the
sale of the calendars.
Supervisor Endisch reported the original motion approve the Calendar
project, permitted the selling of the calendars # $ 3 per calendar.
With the new makeup of the committee, the committee is recommending
the calendars be given out as a good will gesture. He added this will
have impact on the budget, but initially these funds were going to go
into the general fund. Supervisor Endisch made a motion to re-approve
the Town of Delavan Calendars for 2007, excluding the sale of the
calendar with a second from Chair Pelletier and the motion carried
unanimously.
e.Discussion/possible action regarding the acceptance of the 2005
Auditor’s Report.
Chair Pelletier stated the board met with Don Vilione representing
Virchow Krause earlier this evening and he wants to report the town is
in good financial health. He added all monies are where they need to
be, monies were added to surplus. Chair Pelletier made a motion to
accept the 2005 Auditor’s Report and place on file with a second from
Supervisor Endisch and the motion carried unanimously.
f.Discussion/possible action regarding disposal of Town Vehicles.
Chair Pelletier stated the fire dept. wants to dispose of a 1969 jeep
and the public works dept. to dispose of a 1967 jeep, both as surplus.
Both vehicles can be advertised on the Alliant website for sale on
consignment. Chair Pelletier made a motion for the town to dispose of
surplus vehicles, using the Alliant website for the sale with a second
from Supervisor Malsch and the motion carried unanimously.
g.Discussion/possible action on recommendation of the Lake Committee
to authorize Liesch Environmental to pursue the Storm Water Grant
Application.
Chair Pelletier stated he provided the board members with the
documentation regarding the grant application that Liesch wants to
pursue for Storm Water Management. This would at no cost to the town.
If the grant would be approved the grant would cover 70% of the work
and the town would be responsible for 30%. The grant would help the
town identify the effects of storm water runoff, and this
recommendation is simply to authorize Liesch Environmental to apply
for the grant and if the town opts not to partake in the program, we
could opt out at any time. Supervisor Polzin made a motion to
authorize Liesch Environmental to apply for the Storm Water Grant with
a second from Supervisor Endisch and the motion carried unanimously.
h.Discussion/possible action on recommendation of the Park Committee
to approve $ 5,000 from Fees in Lieu to add trees and shrubs to
Community Park.
Supervisor Endisch reported the park committee is looking at ways to
attract people into the park and are trying the make the space more
attractive by sprucing up the park space. Members of the park
committee have found a nursery that is going out of business and are
able to purchase trees and shrubs at a much reduced rate. The number
one priority is the area along highway 50, to improve the view from
the parking lot and then other areas of the park where there are dead
trees and shrubs, get some color and plant trees and shrubbery to add
some color. The committee is asking approval for a $ 5,000 budget to
come from Fees in Lieu. Supervisor Endisch made a motion on
recommendation of the park committee to approve $ 5,000 from fees in
lieu to add trees and shrubs to Community Park with a second from
Supervisor Malsch. Supervisor Polzin asked the motion to be changed
to not to exceed $ 5,000. Endisch amended his motion and Supervisor
Malsch seconded. Attorney Wassel told Supervisor Endisch that several
local nurseries will very often donate some trees. The motion carried
unanimously.
i.Discussion/possible on recommendation of the Park Committee to
approve the Park Contractor to sell ice.
Supervisor Endisch stated that in years past the park contractor was
allowed to sell ice. The Park Contractor addressed the park regarding
this practice, as many of the fishermen had approached him regarding
the sale. The committee feels this would be for the convenience of
the fishermen. Supervisor Endisch made a motion on recommendation of
the park committee to allow the park contractor to sell ice with a
second from Supervisor Malsch. Supervisor Malsch remark he felt this
is opening up a can of worms for others to sell in the park. Chair
Pelletier stated he was against allowing this as he feels it is in
direct competition to the businesses. The motion failed with a
two-two two vote, with Supervisors Endisch and Malsch voting in favor
and Chair Pelletier and Supervisor Polzin voting against.
j.Discussion/possible action on recommendation of the Park Committee
to award the concessions/beer and bingo to the Elks Club for 4th of
July celebration.
Supervisor Endisch reported that last year two people bid on the food
concessions for the 4th of July celebration and the bid was award to
the yacht club. The committee received complaints regarding last
year’s concession; the prices were too high for the value of food.
This year the Elks Club was the only bidder and the committee thinks
the bid is very attractive. Endisch added the Elks Club will not only
be providing the food, but the beer/soda sales, bingo and the raffle.
The Elks Club is offering the town 30% of sales of food and beverage
and 25% of the 50/50 Raffle. Supervisor Endisch made a motion to
award the concessions/beer/soda and bingo to the Elks Club for the 4th
of July celebration with a second from Supervisor Malsch and the
motion carried unanimously.
k.Discussion/possible action on recommendation of the Park Committee
to approve payment of $ 157.50 to Park contractor for work associated
with the Circus (pre-contract year). Supervisor Endisch stated this
is for work the park contractor did prior to his contract year.
Endisch added this had been discussed with former Supervisor Hummel
prior to his taking over the park committee and the committee is
recommending the town approve this expenditure. Supervisor Endisch
made a motion to approve the payment of $ 157.50 to this years part
contractor for work performed for the Circus (pre-contract year) with
a second from Chair Pelletier and the motion carried unanimously.
l.Discussion/possible action on recommendation of the Park Committee
to approve the selling of food at the parks.
Supervisor Endisch stated the park committee has two people they
interviewed to sell food at the park. He added this is a new venture
for the park and the committee feels that two people selling in the
park wouldn’t be productive for either person. Endisch reported he
has spoken to the Dept. of Commerce who is sending him information
regarding the temporary restaurant license that will be required along
with the site and equipment inspected by a state inspector. Endisch
stated the primary purpose of this venture would be to bring more
people into the park, along with giving the fisherman a place to
purchase food. Endisch reported that once the temporary restaurant
license is obtained, the vendor would need to apply for a direct
sellers permit and give proof of insurance. Supervisor Polzin stated
he doesn’t support this, what if many others want to come into the
park to sell, ice cream and popcorn wagon. Chair Pelletier asked if
that was a bad thing. Polzin responded yes he did think it was a bad
thing; he is opposed to food being sold in the park, unless it would
be setup to sell in the building. Polzin asked what we do if the
vendor is a non-resident; charge him to enter the park. Endisch
responded yes. Supervisor Endisch made a motion on recommendation of
the Park Committee to approve the selling of food at the Town Parks,
with proof of a state license, certificate of insurance and approval
of a direct sellers permit for a single vendor (2006 year only) with a
second from Supervisor Malsch. The motion carried with a three to one
vote, with Chair Pelletier and Supervisors Endisch and Malsch voting
in favor and Supervisor Polzin voting against.
m.Discussion/possible action regarding CSM for Lakeland Community
Church
Chair Pelletier stated the CSM has been blessed by the plan
commission, which provides for a separation of land to be sold to a
member of the church. Chair Pelletier made a motion to approve the
CSM by recommendation of the Plan Commission with a second by
Supervisor Malsch and the motion carrier unanimously.
n.Discussion/possible action regarding developer agreement with
Lakeland Community Church
Chair Pelletier reported that Mark Kolczaski has reviewed and worked
on this agreement, which was sent to Attorney Wassel’s office.
Attorney Wassel responded that his office had reviewed and have no
objection to. Chair Pelletier made a motion to approve the
developer’s agreement with Lakeland Community Church with a second
from Supervisor Malsch and the motion carried unanimously.
o.Discussion/possible action regarding approval of Letter of Credit
for Lakeland Community Church.
Chair Pelletier stated a Letter of Credit for Lakeland Community
Church has been posted for $ 190,000 to ensure infrastructure
improvements are completed, which has been approved from the town
engineer. Attorney Wassel stated there have been some revision and
this should be attached to the developer’s agreement. Clerk Endisch
stated she didn’t have a copy and Chair Pelletier said he would
provide, the agreement had been e-mailed to him. Chair Pelletier made
a motion to approve the Letter of Credit for Lakeland Community Church
with a second from Supervisor Malsch and the motion carried
unanimously.
p.Discussion/possible action regarding town participation in the
county Smart Growth planning process at a cost of $ 21,500. Chair
Pelletier stated this item was approved last year. Pelletier stated
that many municipalities had hoped not to spend any money and if the
county would have received the grant that would have been the case.
The town did agree to pay $ 21,500 over three years if the county
didn’t get the grant. Pelletier stated this approval is just to
reaffirm our participation in the County Smart Growth Plan. Treasurer
Wisniewski stated the first payment would be due in 2007, so it can be
budget for and she believes the amount is $ 22,500. Chair Pelletier
made a motion to have the town participate in the County Smart Growth
Plan at the cost of $ 22,500, to be paid over the next three years
with a second from Supervisor Polzin and the motion carried
unanimously.
q.Discussion/possible action in regards to the Rezone of Lakefront
Properties from R2 to R2A. Chair Pelletier stated this is the subject
that Dr. Thomas’s attorney spoke to this evening. Pelletier reported
that over 1,800 homeowners had been notified regarding the rezone and
approximately 30 people showed up at the hearing last week. This
turned out to be a non-event, most people that spoke, spoke to other
issues or questions. The only opposition came from Attorney Creedy
who was representing Dr. Thomas. Supervisor Polzin made a motion to
recommend approving the rezone of Lakefront Properties within 1,000
feet from the Lake, from R2 to R2A with a second from Supervisor
Endisch. Chair Pelletier brought up the issue that was addressed by
Attorney Creedy regarding a conflict of interest and he is disclosing
that he owns two properties within this area and can’t see that he can
gain any economic interest in his property as a result of his vote.
Pelletier stated he was told that he personally needed to disclose his
owning property. Supervisor Malsch stated he also owned property
within these limits and doesn’t see any benefit to him economically
from this change. The motion carried unanimously. Chair Pelletier
stated this item is on the counties docket for Thursday night.
Comment from Citizen Present
Dick Brown thanked the board for their support on the park
items, he added that Community Park is a
vital part of the Town.
r.Motion to go into closed session under Sec. 1985 (1) (g) to confer
with legal counsel concerning strategy to be adopted with respect to
litigation – Gramse. Chair Pelletier made a motion to go into closed
session with a second from Supervisor Polzin and the motion carried
unanimously.
Discussion/possible action regarding issues discussed.
Chair Pelletier made a motion to end litigation in the Gramse case
as soon as feasible with a second from Supervisor and the motion
carried unanimously.
s.Motion to continue in closed session under Sec. 19.85 (1) (g) to
confer with legal counsel concerning strategy to be adopted with
respect to litigation in which it is involved – Animal Slurry. Chair
Pelletier made a motion to continue in closed session with a second
from Supervisor Polzin and the motion carried unanimously.
Discussion/possible action regarding issues discussed.
Supervisor Polzin made a motion to settle the Animal Slurry
litigation for $ 60,950.11, excluding the engineering fees with a
second from Chair Pelletier. The motion carried unanimously. The
payment will be drawn from the fund for the Lake Project.
t.Motion to continue in closed session under Sec. 19.85 (1) (g) to
confer with legal counsel concerning strategy to be adopted with
respect to litigation – Wolfgram
Discussion/possible action regarding issues discussed.
u.Motion to continue in closed session under Sec. 19.85 (1) (g) to
confer with legal counsel regarding expenses incurred with respect to
litigation – Wolfgram.
Discussion/possible action regarding issues discussed.
Chair Pelletier made a motion to approve paying legal bills, moving
funds from surplus to special legal, in regards to Wolfgram
litigation. Supervisor Endisch seconded the motion and the motion
carried unanimously.
v.Motion to go out of executive closed session. Chair Pelletier made
a motion to go out of closed session with a second from Supervisor
Endisch and the motion carried unanimously.
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 9:07 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair