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November 21, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
November 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 Larry Malsch Clerk Colleen Endisch
Supervisor Dolores Nowak Deputy Clerk, Jan Armonda
Supervisor Bill Endisch
EXCUSED:
Supervisor Wayne Polzin
Press: Matt Schwenke
Audience: Approximately: 5 people
Chair Pelletier declared a quorum present for doing business.
Communications:
None
Comments and suggestions of citizens present:
None
Approval of Minutes:
Minutes of Town Board Meeting of October 18, 2006
Minutes of Special Town Board Meeting of November 14, 2006
Minutes of Town Board Work Meeting of November 15, 2006
Supervisor Malsch made a motion to dispense with the readings and
approve the minutes for the Town Board Meeting of October 18, 2006,
Special Town Board Meeting of November 14, 2006 and the Town Board
Work Meeting of November 15, 2006 with a second from Supervisor Nowak
and the motion carried unanimously.
Clerk Endisch will edit the minutes for the multiple wording changes.
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.
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 Malsch and the motion carried unanimously.
Finance Committee Recommendation Regarding Payment of Monthly Bills
Chair Pelletier made a motion to pay bills starting with 47465 thru
47648 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 approval for the revised Liesch
Contract.
Chair Pelletier stated that Brian Hendricks and Jose Davenport from
Liesch are here to explain where we are with regards to the dredging
project. Pelletier said there will be some change in the engineering
costs for the project now that they know the scope of the work from
the contractor.
Josh Davenport reported on the Mound Rd. project; the site work is
complete; geo textile tubes are in place and with the really good
weather the contractor intends to work on Friday and Saturday. For
Brown’s Channel the additional dredge equipment is being brought in
this week; the contractor is mobilizing the site and the estimate
start dated is November 27th. A lot of the equipment being brought in
is very new, with a lot of bells and whistles, which should shorten
the dredging time. Davenport added that Phenco is working all
daylight hours available. The anticipated date to finish Mound Rd. is
a couple of months. The contractor is prepared to work into January;
weather permitting.
Josh Davenport explained about the rooting of the hose for the dump
site; it was determined that Chair Pelletier and Davenport would walk
the site to determine the least disruptive method. Chair Pelletier
stated the biggest challenge is with Brown’s Channel; if it doesn’t
get done this winter, DNR said they can’t go back in until the middle
of June. Chair Pelletier stated he knows he will be getting pressure
from the homeowners about putting their lifts and piers in by Memorial
Day. Brian Hendricks said they will continue to work with the town
and the contractor; they will be pushing as hard as they can to
complete.
Mr. Hendricks reported that in their contract 70 hours was budgeted
for on-site supervision; he feels that with the scrutiny this project
is under that someone from their organization should be there 8-9 ½
hours per day. He feels this is the best interest of both the town
and Liesch. Mr. Hendricks added that 80 hours @ $ 80.00 per hour
should be sufficient. Chair Pelletier said there will be two numbers,
$ 6,400 for Brown’s Channel in additional engineering time.
Mr. Hendricks explained the issues with the Mound Rd. project.
Hendricks said it would cost between $ 1200 and $ 1500/ four to five
hour to complete the grant applications. He added that 500 hours @ $
80 per hour would be needed for on-site supervision of the project.
Pelletier asked why one engineer couldn’t manage the two projects.
Hendricks responded these are two full blown projects; they can’t
bounce from site to site. Hendricks said they need to monitor the
contractor; make sure the number of cubic yards they agreed to dredge
is correct. Chair Pelletier responded he didn’t think the contractor
would violate the permit; he is sure that DNR is going to be camped
out on this project. Pelletier agreed that being on site full time
might be the correct thing from the town’s aspect. Pelletier said he
doesn’t agree about the time of year being a factor; the project was
always planned for fall. Hendricks responded December and January
were not anticipated.
Brian Hendricks said there is some good news to report; he has been
able to find a site to deposit the spoils for Brown’s Channel.
Fontana Public Works Department is capping their duck pond area; and
they are looking for a source for several hundreds of cubic yards; and
willing to pay $ 20,000 to $ 35,000. The approximate cubic yards are
3,300 @ $ 10 per yard; they have been batting around the number.
Mr. Hendricks said the board should think of other projects that
could be worked on when on-site, sitting in their vehicles. They will
have their laptops with them. Chair Pelletier said that periodically
Dick Brown, brings up the idea of a Marina (as an example of a
project). Each board member should think about what could be on this
list.
Chair Pelletier said the approximate numbers are $ 56,000 for just
less than 600 additional hours. Pelletier reported that he appeared
before the City of Delavan Council and told them of the Town’s
situation with the shortfall for the dredging projects. Pelletier
said he thought the City and Lake Lawn Lodge were taking a free ride
off the lake and asked if some consideration could be taken by the
council to kick in some funds out of their budget. Pelletier thought
they were receptive and said that $ 100,000 to $ 125,000 had already
been set aside for lake projects.
Chair Pelletier stated he strongly believes approval for the
additional funds, it is in the best interest of the town; will aid in
keeping us out of trouble. If there is a problem it can be stopped
immediately rather than days later.
Chair Pelletier made a motion to accept the amendments to the Liesch
Environmental Contracts for the Brown’s Channel Project for an amount
not to exceed $ 6,400 and the Mound Rd. Project for an amount not to
exceed $ 50,000 to be charged to the reserve fund. Supervisor Endisch
seconded the motion.
Supervisor Malsch said as important as this project is he sees why we
need to approve; he hates to see these additional monies added to the
expense but the Town is too far involved to stop now.
The motion carried unanimously.
b.Discussion/possible action on spoils from the North Pond.
Chair Pelletier made a motion to table the discussion with a
second from Supervisor
Malsch and the motion carried unanimously.
c.Discussion/possible action on recommendation of the Administrative
Committee to approve the Job Description for a Town Administrator.
Supervisor Nowak reported she forwarded the job description to the
Town Attorney and the other board members just received the updated
version today. Chair Pelletier stated the committee did a great job;
but he has some issues about the day to day operations. He doesn’t
agree with the administrator being in charge of departments; giving
the person no line authority. Pelletier said he doesn’t know how this
is going to work. His interpretation of the position would be that
the department heads would go to the administrator regarding personnel
policies; the person would be the liaison between the department and
the board. He would see the person doing the evaluations of the
department heads. This person would be in charge of the town. Chair
Pelletier asked Supervisor Nowak if she thought this should go back to
committee. Supervisor Nowak said she would like to have a joint
meeting with the town board and the administrative committee.
Supervisor Malsch made a motion to table items c. & d. to December 4,
2006 a joint meeting of Town Board and Administrative Committee @ 6 PM
with a second from Supervisor Endisch. The motion carried
unanimously.
d.Discussion/possible action on recommendation of the Administrative
Committee to adopt Ordinance # 281 to revise Municipal Code Section
1.06 Administrative Coordinator.
See Item c.
e.Discussion/possible action on recommendation of the Administrative
Committee to approve a “Class B”/ Class “B” Liquor License for
Peaches, Inc., Arben Useni, Agent for Mulligan’s Sports Pub and Grill,
188 Hwy. 50 Delavan.
Supervisor Nowak said the Administrative Committee is recommending
approval based on all the issues as identified at the Administrative
Meeting be resolved. All have been resolved.
Supervisor Nowak made a motion to approve a “Class B”/ Class “B”
Liquor License for Peaches, Inc., Arben Useni, Agent for Mulligan’s
Sports Pub & Grill, 188 Hwy. 50, Delavan WI. Supervisor Malsch
seconded the motion and the motion carried unanimously.
f.Discussion/possible action on recommendation of the Park Committee
for an additional payment for the park contractor for Winter Fest.
Supervisor Endisch reported he has been working with the Chamber,
Snow Mobile Club and various other organizations on a Winter Fest
celebration to be held at Community Pak. The event is scheduled to be
three days and the only funds to the town and park contractor would be
the $ 500 being charged the Elk’s Club for their Luau. Because of the
celebration the Park Contractor will need to hire additional help to
keep up with the garbage; park cars, etc. The Park Committee is
recommending awarding the Park Contractor an additional $ 500 over and
above his contract for that weekend; which would help defer his
expenses.
Supervisor Endisch made a motion on recommendation of the Park
Committee for an additional payment for the park contractor for Winter
Fest. Supervisor Malsch seconded the motion.
Chair Pelletier asked how they came up with the per diem. Supervisor
Endisch said when the idea of the event being three days and the
additional work for the contractor the committee asked Mr. Shoff what
he thought would be fair compensation and he answered $ 500.
The motion carried unanimously.
g.Discussion/possible action on recommendation of the Park Committee
for improvement to the Community Convention Center.
Supervisor Endisch said with the rentals increasing for the Community
Center and the Park Committee looking at various ways of bringing
additional people into the town; some renovation to the park building
needs to be done. The Committee got a quote for changing out the
padding on the overhead doors with a quote $ 24,000. Endisch said
they are also looking at a new type of covering that has a rigid cover
on the inside; the contractor is researching how much weight the door
can handle.
Supervisor Endisch made a motion on recommendation of the Park
Committee to approve an amount not to exceed $ 24,000 from room tax
account for replacing the lining of the overhead doors with a second
from Supervisor Malsch.
Chair Pelletier said he thought this didn’t qualify. Attorney Wassel
said he issued a memo giving his opinion regarding expenditures
validity. He said money could be used for a convention center; not
improving what we have now. Wassel didn’t think the community pole
bard qualified as a convention center. He said the legislature was
under a lot of pressure from the lobbyists to tighten up what room tax
is spent for; what is deemed appropriate. He said this is his
opinion; you as a town board can ignore it. Endisch said the park
committee is trying to promote tourism in the town. Endisch said the
committee is just trying to dress up the facility, to make it more
attractive to lease. He added he doesn’t think the town should just
let it go to hell. Wassel responded it doesn’t fit into one of these
neat little cubbyholes; things like marketing projects, advertising,
printing or electronic media; an effort to recruit convention; a
tangible municipal building; community center where people will use
the hotels in the Town. Chair Pelletier said the challenge is how the
funds are expended in the future; he doesn’t think the hotels would
challenge the expenditure. Pelletier added the bigger picture is how
much money do you throw into the building? Supervisor Malsch said
there is no legal definition of a convention center. Wassel responded
a place where businesses and interest groups can have meetings;
speakers, etc. Pelletier responded the idea of spending 5 Million,
which $ 25,000 was spent to develop a plan has been tossed about; when
would this be feasible. Pelletier said this plan is driving us to do
something that doesn’t make sense; one more example of a capital
spending program without a plan. Where do you stop with this
building; hard to get excited about this? Supervisor Endisch said he
doesn’t think the building as it stands is a good representation of
the town and doesn’t think we should just let go. Supervisor Malsch
said upkeep on the building has been on-going; they added new toilets
and stalls in the men’s washrooms when he was on the park committee.
He thinks the town needs to fix it up and keep it functional; we do
get revenue from the building; need to keep looking presentable.
Chair Pelletier asked if Supervisor Malsch was in favor of this
lawless effort. Malsch responded there is no true definition on this.
Supervisor Nowak said her idea of a community convention center is
renting the facility out for meetings or sponsoring events and what
are we doing now, the same exact thing.
The motion carried with Supervisors Nowak, Malsch and Endisch voting
in favor and Chair Pelletier opposing.
h.Discussion/possible action on recommendation of the Plan Commission
to approve a CSM for Rita Yadon, Tax Key No. FD700002, located at 4348
Dam Rd.
Chair Pelletier said Rita owns the nursery on Dam Rd and is
selling the nursery. She wants to
divide this parcel into two 5 acre buildable lots; which
border Lake Comus.
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve
a CSM for Rita Yadon, Tax Key No. FD700002, located at 4348
Dam Rd with a second
from Supervisor Malsch and the motion carried unanimously.
i.Discussion/possible action on recommendation of the Plan Commission
to approve a CSM for Jill & Henry Krueger, Tax Key No. FFA00001A and
FC000011, property located at 2208 Fleming Drive.
Chair Pelletier said the Krueger’s are combining two tax
parcels to building a bigger house; they
already have a zoning and building permit.
Chair Pelletier made a motion on recommendation of the Plan
Commission to approve
a CSM for Jill & Henry Krueger, Tax Key No. FFA00001A and
FC000011, property
located at 2208 Fleming Drive. Supervisor Malsch seconded
the motion and the motion
carried unanimously.
j.Discussion/possible action on recommendation of Baxter & Woodman to
accept the bid for a generator for the Police Dept. from Adams
Electric for $ 21,688.
Supervisor Malsch reported the Police Committee advertised
for bids; got three back with five
options. Supervisor Malsch said he forwarded the bids to
Baxter and Woodman for their expert
input as to what we needed. Baxter and Woodman recommend
to accept the low bid which is
from Adams Electric.
Supervisor Malsch made a motion to accept the bid based on
a recommendation from
Baxter and Woodman for a generator for the Police Building
for $ 21,600 from Adams
Electric. The monies will be charged to surplus.
Supervisor Nowak seconded the
motion and the motion carried unanimously.
k.Discussion/possible action on recommendation of the Police
Committee to adopt Resolution # 190 to move $ 3,200 from Part-time
Water Safety to Part-time Police Wages.
Supervisor Malsch said this is a housekeeping item.
Supervisor Malsch made a motion on recommendation of the Police
Committee to dispense with the first reading of Resolution # 190 and
move on to the second. Supervisor Endisch seconded the motion and the
motion carried unanimously. Chair Pelletier made a motion to dispense
with the second reading and adopt Resolution # 190 to moved funds of $
3,200 from Part-time Water Safety to Part-time Police Wages.
Supervisor Malsch seconded the motion and the motion carried
unanimously.
l.Discussion/possible action on recommendation of the Police
Committee to accept the bid for a backlit electrical sign of $ 2501
from Adams Electric to be charged to Police capital purchases.
Supervisor Malsch reported that the police committee is recommending
purchasing a backlit electrical sign. They sent the specifications
out for bid and Adams was selected for $ 2501.
Supervisor Malsch made a motion on recommendation of the Police
Committee to accept the bid for a backlit electrical sign for $ 2501
from Adams Electric / charged to Police capital purchases with a
second from Chair Pelletier and the motion carried unanimously.
m.Discussion/possible action on recommendation of the Police
Committee to accept the bid from Kunes Country Ford for a 2007 Ford
Crown Victoria with Police Interceptor upgrade for $ 24,145.75.
This is the annual replacement for a vehicle, which will take
delivery in January, Supervisor Malsch reported. He said the
committee received two bids; with a difference of $7 between the
bids.
Chair Pelletier made a motion on recommendation of the Police
Committee to accept the bid from Kunes Country Ford for a 2007 Ford
Crown Victoria with Police Interceptor upgrade for $ 24,145.75 with a
second from Supervisor Endisch and the motion carried unanimously,
with Supervisor Malsch abstaining (Kunes Country Ford is his
employer).
n.Discussion/possible action to approve changing designation
regarding official newspaper.
Chair Pelletier said there was an article in the Town’s Association
Magazine regarding Town’s designation of an official newspaper and if
they do they are required to publish all agendas. He would like the
board to reconsider their previous action for the designation of the
paper.
Supervisor Nowak made a motion to not designate a newspaper as an
official newspaper with a second from Chair Pelletier and the motion
carried unanimously.
o.Discussion/possible action on approve for the Stipulation Order for
Dismissal on Marvin Herman, et al vs. County of Walworth, et al.
Chair Pelletier stated this board previously decided to stop pursuing
the case. Attorney Wassel said his office filed the suit in 2003,
with two causes of action. The court put the case on hold; until the
Walworth County suit was completed; if would have rendered moot if the
town won that case.
Chair Pelletier made a motion to approve the Stipulation Order for
Dismissal on the Marvin Herman, et al vs. County of Walworth, et al.,
case with a second from Supervisor Nowak and the motion carried
unanimously.
p.Discussion/possible action to form an Ad Hoc Committee for the
Incorporation process.
Chair Pelletier said he is looking for five or six people to work on
the administrative end of the process. This committee would interview
the consultant; give input to the consultant once hired. Supervisor
Nowak asked what he would consider the makeup of the committee. Chair
Pelletier thought Kevin MacKinnon from DLSD and thought he would ask
Attorney Lowell Sweet. He is hoping to find 5 or 6 thoughtful people
that care about the town.
Chair Pelletier made a motion to form ad Ad Hoc Committee for the
Incorporation Process with a second from Supervisor Endisch and the
motion carried unanimously.
Motion to go into closed session under Sec. 19.85 (1) (g) to confer
with legal counsel re: Mound Rd.
Supervisor Nowak made a motion to go into closed session under Sec.
19.85 (1) (g) to confer with legal counsel re: Mound Rd., with a
second from Chair Pelletier and the motion carried unanimously.
a.Discussion/possible action regarding issue.
Chair Pelletier made a motion to authorize an amount not to exceed $
10,000 for expert legal and technical support for potential claims
regarding the sediment for Mound Rd., with the funds coming from
surplus. Supervisor Nowak seconded the motion and the motion carried
unanimously.
Supervisor Nowak made a motion to go out of executive closed session
with a second from Supervisor Malsch and the motion carried
unanimously.
Adjournment:
Supervisor Nowak made a motion to adjourn the meeting with a second
from Supervisor Malsch and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 8:31 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair