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April 15, 2008 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF April 15, 2008 The regular monthly meeting of the Town of Delavan Town Board was held at Town Hall after due notice had been posted. Clerk Bernsteen called the meeting to order at 6:00 p.m. Clerk Bernsteen asked for someone to step in as acting Chair. Supervisor Militello made a motion to nominate Supervisor Wolfgram with a second by Supervisor Franzen, motion carried unanimously. Acting Chair Wolfgram welcomed everyone. Clerk Bernsteen called the roll. PRESENT; ALSO PRESENT; Chair, Wayne Polzin -Excused Treasurer, Patricia Morelli Supervisor, Kay Franzen Clerk, Dixie Bernsteen Supervisor, Jim Wolfgram Police Chief, Phil Smith Supervisor, Frank Jones Fire Chief, Gerald Edwards Supervisor, Barb Militello PW Foreman, Mike Petkoff- Excused Mechanic, Tom Thiele Administrator, John Olson Pledge of Allegiance Acting Chair Wolfgram declared a quorum for doing business. Press: Mike Hoey Audience: Approximately _20_ people Communications: Thank you letter from Susan Kruesi/Scot Zuhr for Parking on South Shore, letter on file. Comments and suggestions of citizens present: Larry Malsch 417 First Street, wished the board would move the monthly meeting back to 7:00PM it is more convenient for the citizens to attend. Thanks to Supervisor’s Wolfgram and Sessner for responding back to him on concerns he had. Under item E town board to increase the pay of the town attorney, at the annual meeting there was a suggestion that the town possibly look for a new attorney, he would rather look at that first before considering wages. Item G discussion possible action of March Fire Chief, Town Board did not know if that was due to the fact that Larry Lester was named Rescue Chief, he would hope the town board rescinds that motion this evening. Approval of Minutes: a. Minutes of the Town Board Meeting March 18, 2008 i. Supervisor Jones made a motion to dispense with the reading of the minutes and approve them as presented with a second by Acting Chair Wolfgram, Supervisor Jones asked for a correction on item H. Motion carried 3-1 with Supervisor Militello abstaining. b. Minutes of Special Town Board Meeting March 27, 2008 i. Supervisor Jones made a motion to dispense with the reading of the minutes and approve them as presented with a second by Acting Chair Wolfgram, motion carried 3-1 with Supervisor Militello abstaining. c. Minutes of Town Board Work Meeting April 9, 20008 i. Supervisor Jones made a motion to dispense with the reading of the minutes and approve them as presented with a second by Acting Chair Wolfgram, motion carried unanimously. Town Board Reports: All committee and Town reports are on file in the Town Hall Office. a. Treasurer’s Monthly Report a. Treasurer Morelli stated that the General Account has $1,972,341.29, and the Lake Account has $637,102.25. Supervisor Militello made a motion to approve the Treasurers monthly report and place it on file, with a second by Supervisor Franzen, motion carried unanimously. b. Finance Committee recommendation regarding payment of monthly bills check numbers 051677 to 051692, 051694 to051707, 051752 to 051764, 051860 to 51891. a. Supervisor Militello made a motion to approve monthly bills as stated with a second by Acting Chair Wolfgram, motion carried unanimously. c. Committee Reports on File Old Business: None New Business: a. Discussion/possible action on recommendation of the Plan Commission to approve variance for decks and shed built by previous owner as seen on survey without any specifications as to distances of the variances on property located at 2312 Lake Shore Drive, Tax Key No. FSS 00006. Property owned by Robert and Laura Charland. i. Supervisor Jones stated the Plan commission recommends to the board to approve all variances of both-side yards, front yard and lake yard, with a note that the hardship was not created by the present owner; it was created by previous owners. The present can not be held responsible for infractions of the building code committed by previous owner(s). A second by Supervisor Militello. Acting Chair Wolfgram asked by approving these variances does it allow doing more expansion or anything else on the property. Supervisor Jones stated no. Motion carried unanimously. b. Discussion/possible action on recommendation of the Plan Commission to approve Conditionals use request with zoning of B3 (2c) boat and marine supplies and B (2Q) and a second dwelling unit with conditions for Greg Kunes, property located at 3542, 3542A & B Highway 50 Tax Key No. FA 120300001. Conditions: 1. Signage may be replaced in the present location and is to be the same size of 4’ X 6’. 2. Any exterior lighting on t he property, including the signage, is to comply with Yerkes Observatory Lighting requirements. 3. Parking of either boats or vehicles is not to intrude on the road right of way or obstruct the highway vision from driveways. 4. Any outside storage is to be in the fenced in area behind the building, no storage is to be in the roadside parking lot. ii. Supervisor Jones stated the Plan Commission recommends the board that the conditional use B3 (2C) boat and marine supplies B (2Q) be approved with a note attached to the approval that the ordinance allows only one residence, how ever this building was constructed in the “70’s” and has existed with 2 upper residences and we recommend that it be granted an exemption for the 1 – 2 residence with a second by Acting Chair Wolfgram, motion carried unanimously. c. Discussion/possible action on recommendation of the Plan Commission to approve Gerard and Barbara Nettesheim’s rezone 20 acre parcel from A1 to C2, which is located at 4411 Cobblestone Road, Tax Key No. FD 9000003B. i. Supervisor Jones stated that the Plan Commission approve the rezone from A1 to C2 as it follows the County guidelines, with a second by Acting Chair Wolfgram, motion carried unanimously. d. Discussion/possible action on recommendation of the Town Chair to approve updated Committee list and Consultant Appointments. Changes are as follows: 1. Administrative Committee Barb Militello replacing Chair Polzin 2. Fire & Rescue Committee Frank Jones replacing Herb Sessner 3. Lake Committee Frank Jones replacing Herb Sessner 4. Police & Water Safety Kay Franzen replacing Herb Sessner 5. Sergeant Eric Voss replacing Acting Sergeant Ambach 6. Public Works Barb Militello replacing Herb Sessner 7. Extra Territorial Zoning Barb Militello replacing Herb Sessner 8. Chair Polzin has suggested to John Olson earlier he would like to have him become a voting member of the Plan Commission, John wishes to remain anon voting member due wanting to stay objective and the other the perception of others. a. Supervisor Jones made a motion to approve committee appointments with John’s notation that he not be a voting member of the Plan Commission. Acting Chair Wolfgram seconded the motion, motion carried unanimously. e. Discussion/possible action on recommendation of the Town Board to increase the rate of pay to the Town Attorney’s services from $75 to $90 an hour, with the exception of additional fees for Plan Commission items. i. Acting Chair Wolfgram stated the way he understood it, if there is no motion and approval there would be consideration to Larry Malsch’s request of the comments earlier in the meeting. Supervisor Jones stated he did not see that the two things were related, that the increase and the attorney’s fees that we are presently paying to Wassel & Associates need to be increased and the matter of whether we should continue to retain Wassel is a separate item. The Plan Commission is already working on coming up with a specialized attorney for the Plan Commission, and also considering a committee with specialized abilities personnel contract negotiation, we are already working on some of this problem. Supervisor Jones made a motion to increase the attorney’s fee from $75 to $90 an hour with a second by Acting Chair Wolfgram, motion carried 3-1 with Supervisor Militello opposing. Guest speaker for items f and g has not arrived as of yet. Chief Edwards stated Statute 30.1, the rescue is clearly part of fire department and the difference being that each one of those members under another code are required to have their training to be EMT’s or paramedics under the Fire Department and need to be licensed under the state. They are not separate from the Fire Department. That is the way the Fire Department started and has been all along. Chief Edwards made Larry Lester Chief of the Rescue Squad Department, but as far as rules for the Department we all work together. What is happening now is a separation of the two departments. Supervisor Militello made a motion to recess for 15 minutes with a second by Acting Chair Wolfgram to wait for guest speaker. Motion carried unanimously. (6:30PM) Acting Chair Wolfgram made a motion to come out of recess, with a second by Supervisor Militello, motion carried unanimously. Resumed back into session at 6:47PM. f. Presentation from Wisconsin Department of Commerce Sue Birren. 1. Fire Chief Duties and Responsibilities’ 2. Fire Chief Responsibilities’ to inspect town buildings Sue Birren stated that there has apparently been some question on the authority of the Fire Chief to go into some of the buildings that are owned by the Town. She read State Statue 101.14 (2)(h) and 101.14 (2)(c)on File. She was confused as to why the Fire Inspector would be denied access to publicly owned buildings. That is a violation of state statue if this is done. Since all of you have been sworn in, to abide by state statue that probably would not be a good idea. The option is if the Fire Inspector is to be denied then she will come in under her authority as Deputy of the Department of Commerce and she will conduct those inspections. Supervisor Jones asked what if the Chief does not inspect every building on a regular basis. Sue stated that have several options, building that are less than 3 stories where they are only involved in pushing paper (Law office, Real-estate, Bank) if the Chief so determined could only do those once a year. All Building should be done twice a year and not overlapping 6 month periods. If the building is vacant, they can be done once a year, if access is not permitted a walk around can be done once a year. If this is not done and is found when audited the town could loose 2% of their funds for Fire Inspections. A self audit is done yearly and the Commerce audits every 5 years to see that the inspections are being done by state statute. If the Commerce finds the inspections are not being done, the Commerce can remove the Chief as a Deputy and assign someone else. Supervisor Jones asked if he could delegate someone else to do it for him. Sue stated he can assign inspectors or contract to have it done. Chief Edwards asked if Sue could address the rescue squad being original part of the Fire Department. Sue Stated, the way the Town of Delavan Fire services are set up you have a Chief of Fire and EMS, so the Chief of the Fire Department is the Chief of the umbrella and as the Chief of the umbrella he can appoint deputy Chief of Fire and a Deputy Chief of EMS and under the umbrella they would report to him. The Town board can make suggestions to the Fire and Rescue but the Chief is the one who runs the department. The Commerce does not like to see Town government’s micro-managing fire departments or EMS. The Board does have oversight but not control. g. Discussion/possible action in reference of March Fire Chief Town Board Action taken. Acting Chair Wolfgram made a motion to table until next month with a second by Supervisor Jones. Supervisor Militello stated that if this became an action vote she should not vote due to her not being on the board in March. However she will check into the fact that this was tabled and was here for this line item agenda that she would. Acting Chair Wolfgram called for the vote, motion carried unanimously to table until next month. Adjournment Supervisor Jones made a motion to adjourn the meeting with a second from Supervisor Franzen and the motion carried unanimously. Acting Chair Wolfgram adjourned the meeting at 7:05 p.m. Prepared and submitted by: ______________________________________ Dixie Bernsteen, Town Clerk