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September 19, 2006 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
September 19, 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 P.W. Foreman, Mike Petkoff
Supervisor Wayne Polzin Chief, Andrew Mayer
Supervisor Bill Endisch Fire Chief, Gerald Edwards
Deputy Clerk, Jan Armonda
Press: Karen Mahoney
Audience: Approximately: 13 people
Chair Pelletier declared a quorum present for doing business.
Communications:
Supervisor Malsch stated that on behalf of the police committee he
would like to congratulate Chief Mayer and his officers on the
successful verdict on the Craig Swope homicide trial. Chief Mayer and
his Officers should be commended for all the countless hours on the
case; an overall great job.
Chair Pelletier reported that he received the conditional use on the
Brown’s channel dredging project today. There are nineteen conditions
outlined in the conditional use approval; nothing that he can see out
of the ordinary. Chair Pelletier stated he doesn’t know what he said
at the last Lake Committee meeting regarding these projects, but he
has received multiple e-mails urging him to support the project, which
he does. The bid opening will be on September 28th and then the board
can decide how to either go forward or not.
Comments and suggestions of citizens present:
Gary Devries remarked that he has been using his own equipment at the
park for meetings. He said the audience doesn’t use the equipment
properly; they either eat the mike or stand too far away. Devries
added one mike now doesn’t work; people have been spitting into it.
At the last park meeting he talked about getting additional equipment
and would like to board to consider the proposal he presented. He is
letting the town board know there is no equipment of his to use for
next weeks meeting.
Approval of Minutes:
Town Board Meting of August 15, 2006
Town Board Work Meeting of September 13, 2006
Supervisor Malsch made a motion to dispense with the reading and
approve the minutes of the Town Board Meeting of August 15, 2006 and
the Town Board Work Meeting of September 13, 2006 with a second from
Supervisor Endisch.
Supervisor Nowak asked for multiple wording changes to the minutes of
September 13, 2006.
The motion carried unanimously.
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 taken ill today, but has
submitted her monthly report. Chair Pelletier discussed the balances
in the 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 47147 thru
47326 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 the Class “B” Beer and Class “C” Wine License for
Have Pig Will Travel LTD, 3522 State Road 50, Delavan WI 53115, Dave
H Cox, Agent.
Supervisor Nowak made a motion to approve the Class “B” and Class “C”
Wine License for Have Pig Will Travel, LTD with a second from
Supervisor Malsch. The motion carried unanimously.
Supervisor Nowak asked if the notice has been published and Clerk
Endisch replied yes it was published this week.
b.Discussion/possible action on recommendation of the Administrative
Committee to approve the contract for the Town’s Assessor.
Supervisor Nowak made a motion to approve the contract with National
Appraisals for 2007-2008 with a second from Supervisor Malsch.
Supervisor Nowak reported she hasn’t received the signed copy from
National Appraisals yet, but has a verbal agreement with Keith Munson.
The motion carried unanimously
c.Discussion/possible action on recommendation of the EGAD Committee
to approve an amount not to exceed $ 325 for the additional expense
for 500 additional Town Calendars; monies allocated from Tourism
Account.
Supervisor Endisch stated the committee sold ads to fund the setup
and printing of the calendars. The original thought was to sell the
calendars but the committee decided to distribute at no charge. The
cost of the setup and printing exceeded the verbal quote they received
the previous year. With the monies collected from the ads only 500
calendars could be printed. 500 additional calendars could be
purchased for $ 325. The committee is asking the board to approve $
325 to fund the additional expense.
Supervisor Endisch made a motion to approve an amount not to exceed $
325 for the expense to purchase 500 Town Calendars; monies allocated
from Tourism Account with a second from Supervisor Nowak and the
motion carried unanimously.
d.Discussion/possible action on recommendation of the Plan Commission
to approve Resolution # 188 to adopt the Public Participation
Procedure for the Preparation of a Comprehensive Plan.
Chair Pelletier reported that Wisconsin Statutes require all units of
government adopt a comprehensive plan (Smart Growth) by the year 2010.
Chair Pelletier explained that this resolution outlines that the town
is adopting public participation procedures for the preparation of the
comprehensive plan. This resolution meets the legal requirement.
Chair Pelletier made a motion to dispense with the first reading and
move on to the second for Resolution # 188 with a second from
Supervisor Malsch and the motion carried unanimously. Chair Pelletier
made a motion to dispense with the second reading and adopt Resolution
# 188-Public Participation Procedure for the Preparation of
Comprehensive Plan with a second from Supervisor Endisch and the
motion carried unanimously.
e.Discussion/possible action on recommendation of the Plan Commission
for a rezone and conditional use change for the Pearce Farm; Bailey &
F.
Chair Pelletier explained that the Pearce’s came before the plan
commission for a conditional use change to erect a public stable on
their 160 acre piece of property. The neighbors are endorsing the
rezone and the plan commission is recommending the town board approve.
They would be rezone from A-1 to A-2 to meet the condition to operate
a stable.
Chair Pelletier made a motion to approve the rezone from A-1 to A-2
for the Pearce Farm; Bailey & F with a second from Supervisor Malsch
and the motion carried unanimously. Chair Pelletier made a motion to
approve the conditional use change to allow a stable to be erected
with a second from Supervisor Malsch and the motion carried
unanimously.
f.Discussion/possible action on recommendation of the town Engineer
to accept the public improvements for the Dutch Meadows project.
Chair Pelletier gave the background on the issues between the owner
and residents and the owner and county. Pelletier stated the county
and the owner came to an agreement that satisfied all their issue. On
May 16th Mark Kolczaski sent correspondence to the town regarding the
developers request for acceptance of the public improvements for the
project. Baxter & Woodman completed a final inspection of the
improvements and find that the items listed on an earlier deficiency
list as being addressed. Mark is recommending the Town Board accept
the public improvements for the project. The developer is required to
post a letter of credit for a period of 18 months and Mark is also
asking the board to approve the reduction of the letter of credit in
the amount of $ 21,500, with an expiration date of no earlier than
December 31, 2007.
Chair Pelletier made a motion to accept the public improvements for
the Dutch Meadows project with the condition they post a letter of
credit for $ 21,500 with a second from Supervisor Malsch and the
motion carried unanimously.
g.Discussion/possible action on recommendation of the Public Works
Committee to authorize the purchase of a one ton truck for an amount
not to exceed $ 65,000.
Chair Pelletier stated that in the budgeting process for the public
works department there has been a lot of discussion of the purchase of
a 1 ton vs. a 5 ton truck. The committee determined that a one ton
truck would meet the needs of the department. It would be used to
plow the smaller subdivisions. The Town wants to purchase a 2007
truck before the new emission controls are enforced, which would make
the truck more economical to the Town as because cheaper to own and
operate, i.e. same type of oil . The committee feels it is more
prudent to buy now. We have multiple options on how we can pay for
the truck and Pelletier wants to get an opinion from the Treasurer and
he would come back next month with the details on how the purchase
will be financed.
Chair Pelletier made a motion to authorize the purchase of a 2007
Ford Truck w/plow with the financing to be determined at a later
meeting with a second from Supervisor Polzin and the motion carried
unanimously.
h.Discussion/possible action on recommendation of the Public Works
Committee to approve the expenditure to hire an engineer to develop
plans and engineering specifications for a new salt shed and garage
for the police station for an amount not to exceed $ 10,000.
Chair Pelletier reported he has spoken with a local architect
regarding the developing of plans and engineering specifications to
replace the salt shed that has been condemned by the state. The Town
has contracted with the Town of Geneva for this winter to store our
salt. Foreman Mike Petkoff designed a salt shed and then the question
came up whether we should look at doing a combined building; adding
the police dept. parking garage. Pelletier has spoken with Mr.
Kopecky and he would develop plans and engineering specifications for
both options for an amount not to exceed $ 10,000.
Chair Pelletier made a motion to approve the expenditure to hire an
Architect to develop plans and engineering specifications for a new
salt shed and a garage for the police station for an amount not to
exceed $ 10,000. Supervisor Polzin seconded the motion.
Supervisor Endisch remarked the Town should have endorsed the police
station with a garage a year ago and we wouldn’t have to be approving
this today. Chair Pelletier responded the town could also have waited
and built a combined police station and town hall building, but it
didn’t happen that way.
The motion carried unanimously.
i.Discussion/possible action to approve rescheduling the Town Board
Meeting for October from October 17, 2006 to October 19, 2006.
Chair Pelletier stated the Town Board meeting for October conflicts
with the Towns Association Convention.
Chair Pelletier made a motion to reschedule the Town Board Meeting
from October 17, 2006 to October 19, 2006 with a second from
Supervisor Nowak and the motion carried unanimously.
j.Discussion/possible action on recommendation of the Plan Commission
for a Town Administrator.
Chair Pelletier stated the notion to hire a Town Administrator has
been kicked around for quite a while. The idea resurfaced at the last
Shodeen meeting with a group who submitted comments asking the Town to
hire an administrator. Pelletier is asking the board if they think we
should be hiring an administrator and if so, when? If we hire this
year, we would have to take the monies out of surplus and he isn’t
sure we are ready to define the requirements and then hire someone
that quickly. Pelletier has asked the Administrative Committee to
look at this issue. Pelletier feels that if the Town doesn’t hire a
Town Administrator it is going to be even harder to find people to run
for public office. Pelletier stated the job as chairman @ 10 hours a
week has grown into this monster, with meetings every day for a total
of 20 to 30 hours per week. Pelletier added if the next chairman has
a full-time job it would be impossible and retirees, do they really
want this, they are retired. Pelletier added whether we hire someone
this year or next, we need to step up to the realization that the
developers are here to stay. There are 240 units on Bailey & F; N.
Shore and Linn Rd. 40 units and Shodeen, all in the development stage.
The job is becoming more and more time consuming.
Supervisor Polzin remarked that a year ago he didn’t think the town
needed an administrator, this past year he has seen the need for
looking into hiring a town administrator. He feels that the town
needs to hire an experienced person; in the past people in that
position weren’t successful. Polzin added the person should have 3 to
5 years of town government experience.
Supervisor Polzin made a motion to follow the recommendation of the
plan commission to hire a Town Administrator either this year or next.
Chair Pelletier seconded the motion.
Supervisor Nowak stated she ran for public office on the platform of
the town needing an administrator. Nowak said the committee is
looking for the board to help the committee identify the
qualifications of the position and a salary range. Chair Pelletier
responded he thinks the town should budget $ 85,000, with 45% benefits
for a total of $ 140,000. Supervisor Polzin said this would come back
to the board from the administrative committee. Supervisor Nowak
asked if the board would think about hiring an executive source group
or if the town would do it themselves. Polzin remarked “why would we
invent the wheel again”, the Towns Association or League of
Municipalities should have a job description. Supervisor Malsch
stated if we use a professional search, we need to budget a little
more for it. Chair Pelletier stated that search firms normally take
25-35% of the salary for their work. Attorney Wassel stated the
search firms either work on a percentage of salary or a fixed cost.
Pelletier added he thinks we just need to get a number for the budget
and if the number proves to be insufficient, we can take the monies
out of surplus.
The motion carried unanimously.
k.Discussion/possible action regarding the funding of Town
Incorporation.
Chair Pelletier remarked the town is thinking about incorporating.
He and Attorney Wassel met with Kevin MacKinnon regarding the
territorial boundaries for the incorporation. Pelletier stated if the
town doesn’t do something the entire town will be eroded thru
annexation. Some fifteen years ago an effort to incorporate was
defeated. He understands from Attorney Wassel that our chances are
more favorable at this time. The Department of Administration has a
board now, rather than one person deciding the approval. Pelletier
pointed out that villages have two things we don’t have, they can
prevent annexation and control your own zoning. You can control your
own destiny. Pelletier said he doesn’t have issues with county
zoning, but annexation we can’t control. On the West side of town, if
water and sewer would be available over the bridge on Borg Road the
properties would all be annexed. Pelletier then asked Attorney Wassel
to speak to this issue.
Attorney Wassel said he thinks this process should be explored for
the right of self governance. Wassel said that towns are becoming
holding tanks for cities to annex and that is why bills like the
Charter Towns Bill fail. He feels the Town of Delavan is an urban
town, with urban needs and now is the right time to explore the
prospect of incorporation. Wassel said the town might need to hire a
planner to assist in the prospect. Attorney Wassel said he has spoken
with the Mayor of the City of Delavan and he said the City wouldn’t
oppose. He added he isn’t sure what opposition the Town would receive
from Elkhorn or Williams Bay. Wassel estimates the project would cost
approximately $ 75,000, unless there is opposition and then the cost
would be more significant.
Supervisor Polzin stated he thought it was time to rekindle the old
ashes; the time for this to be done is now. He would like to see the
board create a line item in the budgetary process for this. Polzin
added he was the chairman of record during the last attempt failed.
Supervisor Malsch asked what has changed. Attorney Wassel responded
the landscape; development. He stated the biggest change is in the
Dept. of Administration; the approval used to come from one individual
and now there is approval by a commission. He said there is no
argument with the City of Delavan. Supervisor Polzin said that money
played a large part in it before; the gentleman that was to approve
retired and higher powers had something to do with the rejection.
Supervisor Nowak stated she thinks the City of Elkhorn has greater
potential for opposition.
Supervisor Malsch stated maybe the town should sit back and see how
the attempts of the Town of Geneva and Bloomfield turn out first.
Attorney Wassel explained some of the strategies of the Town of
Bloomfield, who he represents, and how their attempt is different this
time. He feels their chances for approval are high.
Chair Pelletier made a motion to approve $ 75,000 to be added to the
2007 budget for Incorporation of the Town. Supervisor Endisch
seconded the motion and the motion carried unanimously.
Chair Pelletier stated that at the end of August the balance in the
reserve account is 1 million; which will help the town address some of
these issues. He added the Town is by no means destitute and that
there are multiple competing issues that can use the additional
funding. He said the Town also has significant borrowing ability.
The motion carried unanimously.
Motion to go into closed session under Sec. 19.85 (1) (g) to confer
with legal counsel to discuss pending litigation re: Hey &
Associates.
Supervisor Polzin made a motion to go into closed session under Sec.
19.85 (1) (g) to confer with legal counsel to discuss pending
litigation re: Hey & Associates.
a)Discussion/possible action regarding issue.
Supervisor Polzin made a motion to hire an engineering firm as an
expert and appoint Wassel Law Firm to pursue litigation on a
contingency basis. Supervisor Endisch seconded the motion. A roll
call vote was taken and the motion failed with Chair Pelletier and
Supervisors Malsch, Nowak voting nay.
Chair Pelletier made a motion to appoint Wassel Law Firm to pursue
litigation on a per hour basis and hire an engineering firm (expert
opinion) with a second from Supervisor Malsch. A roll call vote:
Chair Pelletier – Yes, Supervisor Malsch – Yes, Supervisor Nowak –
Yes, Supervisor Polzin – Nay and Supervisor Endisch – Yes. The motion
passes with a four to one vote in favor.
Supervisor Malsch made a motion to go out of closed session, with
Supervisor Nowak seconding the motion 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 8:30 p.m.
ATTEST: APPROVED:
________________________________ ___________________________________
Colleen Endisch, Town Clerk John Pelletier, Town
Chair