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April 21, 2009 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF April 21, 2009 The regular monthly meeting of the Town of Delavan Town Board was held at Town Hall after due notice had been posted. Chair Burwell called the meeting to order at 6:00 p.m. Pledge of Allegiance PRESENT; ALSO PRESENT; Chair, Dorothy Burwell Treasurer, Patricia Morelli Supervisor, Frank Jones Clerk, Dixie Bernsteen Supervisor, Barb Militello Administrator, John Olson Supervisor, Herb Sessner Supervisor, Ryan Simons Clerk Bernsteen stated that a quorum was present for doing business Press: Audience: Approximately _30_ people Communications: Clerk Bernsteen stated flyer in your packets for Towns Official Workshop, new supervisors should attend and Board of Review Training, is required. Please let me know when and where you wish to attend. Chair Burwell stated a letter from Wisconsin Towns Association was received about a resolution of the Wisconsin prevailing wage law; board members please read over carefully and follow towns’ association advice and contact our local legislature and let them know your feelings. A letter was received from Governor Jim Doyle (on file) granting the town for digital recording of custodial of interrogations grant for $3353.00. Walworth County Solid Waste Round-up for Computer is May 1; flyers on back table. Approval of Minutes: a. Monthly Board Meeting March 17, 2009 b. Monthly Work Meeting held April 8, 2009 c. Special Board Meeting April 7, 2009 Supervisor Militello made a motion to approve the minutes of Board Meeting March 17, Special Board meeting April 7 and Monthly Work Meeting April 8 with a second by Supervisor Jones motion carried. Approval of the Agenda Supervisor Militello made a motion to approve the agenda with a second by Supervisor Jones motion carried. Comments and suggestions of citizens present regarding items on the agenda: John Pelletier starting time of board meeting would the board consider going back to the 7PM time? Chair Burwell referred it to Administrative Committee for consideration. Mike McCarthy stated item F Delmar Subdivision Board would like to build a partnership with the town to help solve the water problem off of South Shore Drive and the Delmar Beach. Town Board Reports: All committee and Town Reports are on file in the Town Hall Office. a. Treasurer’s Monthly Report Treasurer Duchemin stated that in the General Funds Account there is $2,258,085.20 and in the Local Government Investment Pool there is $650,394.12 Supervisor Militello made a motion to receive the report with a second by Supervisor Simons, motion carried. b. Finance Committee recommendation regarding payment of monthly bills check Numbers 056000 to 056015, 056042 to 056099, 056131 to 056131, 056177 to 056238 and 888888 (ACH). Supervisor Militello made a motion to approve payment of all bills with the check numbers listed with a second by Supervisor Jones motion carried. c. Committee Reports (On File) Old Business: a. Discussion/possible action on the recommendation of the Park Committee to approve a proposal by Jason and Kevin Shallcross (Luigi’s Primo Italian Ice) to open an Italian Ice and beverage stand at the park during the summer months. (Memorial Day – Labor Day) Administrator Olson stated Luigi’s Primo Italian Ice stated they want to set up a concession stand and if the board is in favor he would draw up a rough draft agreement or contract for insurance purposes for next months meeting. Supervisor Jones opposed due to what are we doing in our park, and are we providing a service for the patrons of the park or are we providing a for profit use to a private party on public property. And who next would like to set up a business in the park and felt that private business should be kept private. Supervisor Simons would rather see it as a percentage of revenue, and would like to see it go back to the park committee and see what other municipalities have done. Supervisor Sessner asked if it had been done before and Supervisor Militello said Steve Rosencrans had years before. Supervisor Sessner sees nothing wrong with it. Chair Burwell concerned with where you start and stop. Park committee needs to discuss more. Kay Franzen stated the committee felt it was worth while to try on a trial basis and worth the effort. Supervisor Simons made a motion to bring back to park committee with a second by Supervisor Sessner, motion carried 4-1; Supervisor Jones opposing. New Business: a. Discussion/possible action on the recommendation of the Plan Commission to schedule a Public Hearing to implement Park Impact Fees of $1000 per residence for new construction. Supervisor Jones made a motion to make a resolution to establish a $1000 impact fee per resident for new construction with a second by Supervisor Sessner. Administrator Olson stated that a public hearing would have to be held. Supervisor Militello asked if this was any permit or new construction and Supervisor Jones stated new. She also asked how it affected the moratorium and is it necessary to do now. Supervisor Jones stated it would stop subdivisions in progress now or any new single dwellings; motion carried 4-1, with Supervisor Militello opposing. b. Discussion/possible action on the recommendation of the Plan Commission to approve the application of Fritz Kreiss and Catherine McQueen, 5072 Hwy. 50 (FD2500002B) for a rezone from A-1, M-2, and C-2 to B-4 to allow for the development of the Green Leaf Inn. Supervisor Jones made a motion to approve the application of Fritz Kreiss and Catherine McQueen of 5072 Hwy 50 parcel # FD2500002B for a rezone from A-1, M-2, and C-2 to B-4 to allow for the development of Green Leaf Inn, a second by Supervisor Militello, motion carried. c. Discussion/possible action on the recommendation of the Plan Commission to approve the application of Jennifer Litowitz, 3240 North Shore Dr. (FEW 00001-00007) for a Preliminary Condominium Plat and Conditional Use Permit for the “Camp Delavan” Development. Supervisor Jones stated he received a document today that has changed his mind on the approval. Attorney John Mayer argued his case. Supervisor Jones made a motion to approve the condominium preliminary plat where the property is formally know as the boy scout camp for Jennifer Litowitz 3240 North Shore Drive parcel # FEW 00001-00007 with the condition that the seven specifications submitted by Baxter & Woodman are complied with, all 8 lots be combined into one lot and the deed restrictions be placed on cover of the preliminary plat; with a second Supervisor Simons motion carried. Supervisor Jones made a motion to approve the preliminary conditional use permit with a second by Supervisor Simons, motion carried. d. Discussion/possible action on the recommendation of the Lake Committee to approve proposal of USGS for additional water samples and analysis at a cost of $500 per sample. Supervisor Militello made a motion on the recommendation of the Lake Committee to approve the proposal of USGS water samples and analysis at a cost of $500 per sample, there will be three tests at a total cost of $1,500, with a second by Supervisor Sessner, motion carried. e. Discussion/possible action on the recommendation of the Public Works Committee to accept the bid of $192,705 from Amon & Sons for the 2009 Road Improvements: Patch and Overlay of Theatre Rd. from Hwy. 67 to Town Hall Rd. and Dusk Dr. from Cobblestone Rd. to the end. Supervisor Militello made a motion to approve the bid of $192,075 from Amon & Sons for the 2009 Road Improvements, with a second by Supervisor Simons motion carried. f. Discussion/possible action on approval of Hwy. Dept labor to assist Del-Mar with repair to help preserve South Shore Dr. (Mike McCarthy) Supervisor Militello made a motion to approve of Hwy Dept labor to assist Delmar with repairl to preserve South Shore Drive, second by Supervisor Sessner. Supervisor Militello concerned that they would be on private property and may be opening up a can of worms. She recommended that it may be possible that the Public Works consult on the project. Supervisor Jones concerns with all water problem in all subdivisions was worried about also opening up a can of worms. Mike McCarthy stated this is a unique situation and is willing to uphold Delmar side. There could be damage to South Shore due to not repairing. Supervisor Jones and Supervisor Militello rescinded their original motion. Supervisor Jones made a motion to table South Shore water problem; send this back to the Public Works Committee and get the engineer involved with a second by Supervisor Sessner motion carried. g. Discussion/possible action on the Walworth County Intergovernmental Cooperation Council Membership Agreement. Chair Burwell made a motion to approve the Walworth County Intergovernmental Cooperation Council Membership Agreement with a second by Supervisor Militello motion carried. h. Discussion/possible action on committee appointments and consultants Chair Burwell stated she would like to omit the Police and Fire Commission and the Town Attorney from the approval of the appointments and consultants list and have the Administrative Committee to address the ordinance that governs the committees. Supervisor Militello made a motion to approve the committee appointments with a second by Supervisor Simons, motion carried. Comments and Suggestions of Citizens Present Pat Maher pleased to see change in the board and the way of conducting business and looks forward to attending more meetings. Reminder: Public hearing Monday evening on the Land Use Plan. Adjournment Supervisor Jones made a motion to adjourn the meeting with a second by Supervisor Sessner, motion carried. Chair Burwell adjourned the meeting at 7:00 p.m. Prepared and submitted by: ______________________________________ Dixie Bernsteen, Town Clerk