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MINUTES OF THE TOWN OF DELAVAN ANNUAL MEETING April 8, 2008 The Annual Town Meeting of the Town of Delavan was held on Tuesday April 8, 2008 at the Community Center building at Community Park after due notice had been posted. Meeting called to Order by Chair Polzin at 7:05PM Chair Polzin declared a was Quorum Present Present: Chair Wayne Polzin Supervisor Kay Franzen Supervisor Frank Jones Supervisor Herb Sessner Supervisor Jim Wolfgram Administrator John Olson Treasurer Pat Morelli Clerk Dixie Bernsteen Attorney Steve Wassel Approximately 160 citizens present Communications: None Approval of Minutes of the last Annual Town Meeting held on April 10, 2007. Ed Brien made a motion to dispense with the reading of the minutes and approve them as written with a second by Andy Mayer. The motion carried unanimously. Old Business: None New Business: Herb Sessner explained that the powers of the Town Meeting are governed by §60.10 of the Wisconsin State Statutes and outlined the proper subject matter that could be discussed and voted on. He further explained that you would need to be a registered voter to vote. Elvera Dahl of Delview Dr, a poll worker for the elections, was concerned about the height of the threshold at the entrance to the ladies room in the Community Park building as she had recently tripped over it. She is quite short and did not see the “Watch Your Step” sign that had recently been posted. She asked if the problem could be remedied to prevent others from falling. Carla Wojtowich of the Highlands Subdivision stated she was against allowing private businesses to use the Community Park and boat launch for the renting of boats. She was advised by the Board that this issue has been dropped by the Park committee. Dorothy Burwell of County “O” North made a motion that since the Walworth County District Attorney has indicated by written communication to the Town Chair that there are no criminal matters with which to charge the former Police Chief Andy Mayer, as had been requested by the Chair, she felt the Town Chair and the Board owed him an apology. Chair Polzin stated he would not apologize and that no apology was due because Mr. Mayer has filed an age discrimination suite against the town. Kathy Adams seconded the motion. Bill Burke 3575 Westshire made a motion and asked to repeat the motions. Andy Mayer of 2217 Landings Lane, said he felt the Town Board, and especially the Town Chair, owed a public apology to the Town Clerk for the indignities they caused her to suffer this past year for numerous reasons including the confiscation of her computer under the dark of night. Chair Polzin stated, “It is not her computer, it belongs to the Board and they did not go into her office under the dark of night”. He indicated that he decided the Clerk was not getting her work done, she was always too busy and she never answered the telephone and that prompted the confiscation of her computer. Clerk Bernsteen stated to the audience that if she was doing such a terrible job, why did no one from the Town Board come to her and indicate improvement was needed. Andy Mayer made a motion to recommend an increase of $5,000 in the Town Clerk’s annual salary with a second by Sue Davenport Duncan of 405 Summer Street. The Town Clerk’s annual salary of $35,000 will become effective at the end of the present term of office. A hand vote was taken of the citizens present and the motion carried 96 to 26 in favor of raising the annual salary of the Town Clerk. Frank Jones stated he had 3 motions to make relative to the positions of Town Clerk and Town Treasurer and he requested a paper vote on his motions. He went on to explain what he felt were the disadvantages and advantages of the Town Board appointing the Town Clerk and Town Treasurer instead of allowing the electors to voter for the person of their choice. Mr. Jones made a motion to change the future positions of Town Clerk and Town Treasurer to be appointed positions with a second by Chair Polzin. Elvera Dahl felt there should be job descriptions for both positions. She was advised that the job descriptions are set forth in the Wisconsin State Statutes. Jean Berry of 5676 Parliament Lane, asked if the term for the Clerk and Treasurer could be changed to a longer term and Attorney Wassel stated no, not according to Wisconsin Statutes. John Pelletier of 3268 South Shore Drive, indicated that in response to Mr. Jones motion concerning the Town Clerk and Town Treasurer that he felt they should continue as elected positions. Andy Mayer stated that this is not the first time this subject has come up. He indicated that about 5 years ago Chair Polzin stated he was totally against appointing these positions. Carla Wojtowich of the Highland Subdivision on Mulberry Ave said she would rather see the positions appointed. Rocky Feeney of 1516 Hiawatha stated he was opposed to voting on this by secret ballot. Mr. Jones insisted on a secret ballot vote and a paper ballot vote was taken. The vote was 91 in favor of keeping the positions as elected and 38 against. Motion failed. Supervisor Jones made another motion that the question of whether both the Town Clerk and Town Treasurer positions should be elected or appointed positions be submitted to public referendum this fall with a second by Chair Polzin. Carla Wojtowich made a motion that if we make another motion that it be done by hand raising. Chair Polzin asked for everyone to raise their hands if they would like to have a referendum on this. John Pellitier asked if this was a binding agreement. Attorney Wassel stated it would be a binding referendum. Chair Polzin stated that it would be a binding agreement and if it is to be on the ballot at the November election, the majority of the people voting would be voting on it, not just a few. Chair Polzin asked for a show of hands for a referendum in November. The audience indicated they thought it was just voted on. Chair Polzin stated the referendum would be to ‘combine the office of Clerk and Treasurer’. Supervisor Jones then restated his motion (without mention of combining the positions of the Clerk and Treasurer as stated by Chair Polzin) and moved that the question of an elected or appointed position for both the Clerk and Treasurer be submitted to the public as a binding referendum this fall. Chair Polzin asked again for a show of hands of those who wanted the referendum on the November ballot. The motion failed as not enough hands were raised. Judge Ed Thompson said had wanted to make a motion to extend his 2 year term of office to 4 years, but due to the votes earlier this evening he decided not to make the motion. Chair Polzin stated Judge Thompson has been our judge since 1983 and we should be proud to have him as our judge. Andy Mayer made a motion to change the judge’s term of office from a 2 year term to a 4 year term with a second by Carol Hansen. Art Morse of 3537 Westshire, asked for clarification on why they could vote to change the term of office for the Judge but couldn’t for other elected officials. Chair Polzin stated that this is the law for judges, but it does not pertain to town elected officials. Chair Polzin called for the vote. The vote was taken by a show of hands and the motion carried unanimously. Carol Hansen of 2007 Hillcrest Drive, said that she understands that the town attorney does not have a contract with the Town and made a motion that the Town Board to retain different counsel for future issues. Chair Polzin stated her motion was out of order and no action would be taken on it. He said it was a Town Board decision. John Pellitier made a motion that prior to the Town Board taking any action whatsoever, the Town Board put to a binding referendum on the ballot whether or not the electors want to support the building a new town hall. Chair Polzin stated that would be an … Larry Malsch of 417 First Street, and Pat Jennings of 2007 Hillcrest both seconded the motion. The vote was called for by a show of hands and the motion carried unanimously. Rocky Feeney of 1616 Hiawatha, asked for the definition of a private road. Hiawatha is a private road and is very narrow. His road (Hiawatha) has been condemned and needs to be rebuilt and it will be charged to all the property owners on Hiawatha. The road is bad and needs to be rebuilt, but feels this may happen to a lot of other people. Does not understand why his road is 1/3 the size of a normal road and he feels it should be kept up by the town. Rocky made a motion that all private roads be maintained by the town. Chair Polzin stated that the motion was illegal, and it is not in the power of the town to do that. The private roads are still not in the state statute and they have to be handled differently. Carla Wojtowicz thanked Chief Smith, Chair Polzin and the Town Board for the quick actions taken by them regarding posting the No Parking signs South Shore Drive. Clerk Bernsteen swore in the newly elected officers; Barb Militello and Frank Jones. Best of Luck to Herb Sessner. Next meeting is scheduled for April 14, 2009 at the Community Center. Adjournment: Rocky Feeney made a motion to adjourn. John Pellitier seconded the motion. The motion carried unanimously. Adjournment 8:19PM



















