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October 18, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
October 18, 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 Sergeant Eric Voss
Supervisor Wayne Polzin Fire Chief, Gerald Edwards
Supervisor Bill Endisch Mechanic, Tom Thiele
Deputy Clerk, Jan Armonda
Press: Matt Schwenke
Audience: Approximately: 13 people
Chair Pelletier declared a quorum present for doing business.
Communications:
Chair Pelletier said he received correspondence from John and Beverly
Reed regarding their fence; Pelletier will give the clerk a copy to
put in the file.
Comments and suggestions of citizens present:
Norma Baars – 2525 Countryside Drive – Ms. Baars stated she was at
the Plan Commission Meeting where the variance for the Delavan Animal
Park was approved and asked if this would be voted on by the Town
Board. Chair Pelletier responded the plan commission has been given
powers to approved requests for conditional uses and variances. The
Town Board votes on re-zoning, plat approvals and CSM’s for land
divisions. Chair Pelletier added the plan commission does represent
the people; he said the commission did take input from the residents.
Ms. Baars said she thought the commissioners should have shared their
thoughts of why they voted the way they did. Chair Pelletier stated
the commission voted to approve the changes; he added that not every
decision would be to your liking.
Supervisor Polzin remarked that all plan commission votes came to the
town board, when he was chair and that predated him. Attorney Wassel
said that conditional uses have been coming straight from the plan
commission for ages. Polzin remarked just looking at the Shodeen uses
for B-5; does that mean this would sidestep the entire town board.
Chair Pelletier responded this is a rezone; all rezones come before
the board. Pelletier added at this point what he is presenting is a
conceptual plan; we don’t know what he wants. Supervisor Polzin said
based on what was said tonight the board better be aware that is
Shodeen’s property is rezoned to B-5 the town board wouldn’t have a
say, which would open up a can of worms. Chair Pelletier asked
Supervisor Polzin if he is suggesting the board disband the plan
commission. Supervisor Polzin responded the people elect the board;
we answer to the people. If the people are unhappy with the decision
of the plan commission, the plan commission can go right past the town
board to the county. Pelletier asked Polzin what his point is, the
commission is empowered under state law; they do all the leg work for
the town board.
Approval of Minutes:
Minutes of Public Hearing of August 15, 2006
Minutes of Town Board Meeting of September 19, 2006
Minutes of Joint Meeting – Town Board and Finance Committee of
October 11, 2006
Minutes of Special Town Board Meeting of October 11, 2006
Minutes of Town Board Work Meeting of October 11, 2006
Supervisor Malsch made a motion to dispense with the reading and
approve the minutes for the Public Hearing of August 15, 2006 with a
second from Supervisor Nowak and the motion carried, with Supervisor
Polzin abstaining; not present at meeting.
Supervisor Malsch made a motion to dispense with the reading and
approve the minutes as written for the Town Board Meeting of September
19, 2006 with a second from Supervisor Nowak and the motion carried
unanimously.
Supervisor Malsch made a motion to dispense with the reading and
approve the minutes with corrections for the Joint Meeting of the Town
Board and Finance Committee of October 11, 2006 with a second from
Supervisor Endisch and the motion carried with Supervisor Nowak
abstaining; excused from meeting.
Supervisor Malsch made a motion to dispense with the reading and
approve the minutes for the Special Town Board Meeting of October 11,
2006 and Town Board Work Meeting of October 11, 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
Chair Pelletier reported the treasurer has submitted her monthly
report. Chair Pelletier discussed the balances in the various
accounts account.
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
Supervisor Polzin made a motion to pay bills starting with 47327 thru
47464 with a second from Chair Pelletier and the motion carried
unanimously.
Committee Reports
Chair Pelletier reported that all committee reports are embodied in
the minutes of the individual committees which are on file with the
Town Clerk
Old Business: None
New Business:
a.Discussion/possible action on recommendation of the Administrative
Committee to approve Patrick W. Romensko SC., CPA for the Town’s
Auditor.
Supervisor Nowak made a motion to approve the appointment of Patrick
Romensko SC as the Town’s auditor with a second from Supervisor
Malsch.
Chair Pelletier stated the Mr. Romensko would be replacing Virchow
Krause; saving the town several thousand dollars.
The motion carried unanimously.
b.Discussion/possible action regarding the room tax state law
changes.
Chair Pelletier said the board needs to address the fund for 2006;
that under new state law, the law has become much more restrictive.
He added the town was using the room tax for lake improvement and
debt, which appears not allowable. Supervisor Endisch stated that he
and the treasurer attended a cracker barrel session at the town’s
association meeting, where he posed that question to Rick Stadelman.
Endisch stated that Stadelman said it could be used for the lake
improvement and debt if the town got permission from the tourism
council. Endisch stated another source identified tourism as anything
that would bring people into the town. Attorney Wassel said the town
could create a council under state statutes. Chair Pelletier stated
he is curious what Shari has to report; he would follow up with Rick
Stadelman and would like to table until next month.
Supervisor Malsch made a motion to table the discussion for room tax
for 2006 until next month with a second from Chair Pelletier and the
motion carried unanimously.
c.Discussion/possible action on recommendation of the Fire Committee
for the approval of an indemnification document for the borrowing of
the pancake burner.
Supervisor Polzin made a motion to approve the Indemnification
Agreement Document with a second from Chair Pelletier.
Supervisor Polzin commented the Fire Chief is looking out for the
behalf of the town; this was a very good recommendation. Attorney
Wassel said he viewed this as an intergovernmental cooperation
agreement which could be used by all depts.., loaning of the highway
crack filler; equipment the police dept. would loan out; tables for
someone for a wedding. Chair Pelletier said we don’t allow anyone to
borrow tables or chairs from the community center.
The motion carried unanimously.
d.Discussion/possible action on recommendation of the Fire & Rescue
Committee to authorize the selling of surplus fire equipment.
Supervisor Polzin made a motion to authorize the Fire Dept. to sell
surplus property; two – 20 foot ladders and two generators. Chair
Pelletier seconded the motion and the motion carried unanimously.
Attorney Wassel remarked the Chief should make sure the property is
sold as is with no warranties.
e.Discussion/possible action on the Preliminary Resolution regarding
the Town’s intent to pursue a special assessment for Brown’s Channel.
Chair Pelletier said the Town doesn’t have a permit for Brown’s
Channel. He doesn’t see any opposition to the project. And expects to
have the permit shortly; this resolution just starts the clock for a
public hearing and special assessments for the Brown’s Channel
non-riparian owners.
Chair Pelletier made a motion to dispense with the first reading and
move on to the second for Preliminary Resolution # 189 to pursue a
special assessment for Brown’s Channel with a second from Supervisor
Malsch and the motion carried unanimously.
Chair Pelletier made a motion dispense with the second reading and
adopt the Preliminary Resolution # 189 to pursue a special assessment
for Brown’s Channel with a second from Supervisor Malsch and the
motion carried unanimously.
f.Discussion/possible action on approval for the purchase of a one
ton truck for an amount not to exceed $ 58,000 and the financing
options for payment of the truck
Chair Pelletier reported there would be no finance options.
Chair Pelletier made a motion to approve the purchase for a one ton
trucks from Kunes Country Ford for an amount to exceed $ 58,000 (funds
from surplus) with a second from Supervisor Polzin.
Mechanic, Thiele said it might be a little more money; they will need
to order out.
The motion carried with Supervisor Malsch abstaining; Kunes Country
Ford is his employer.
Adjournment:
Supervisor Polzin made a motion to adjourn the meeting with a second
from Supervisor Nowak and the motion carried unanimously.
Chair Pelletier adjourned the meeting at 7:31 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair