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August 19, 2008 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF
August 19, 2008
A Public Hearing for the Assessments of the resurfacing of private
roads (Bayview and Hiawatha) followed by the regular monthly meeting
of the Town of Delavan Town Board was held at Town Hall after due
notice had been posted.
Immediately prior to the Public Hearing, Chair Polzin introduced
County Supervisor Claudia Holst and County Chair Nancy Russell along
with Gail Swaine the Administrator for the
Delavan Lake Sanitary District.
Chair Polzin opened the Public Hearing regarding Bayview and Hiawatha
at 6:00 p.m.
Comments of citizens present:
Marilyn Wadington Hiawatha, they have a parking area on Hiawatha and
questioned
how to obtain permission to have the parking area resurfaced at the
same time as the road.
Mark Kolczaski (Baxter and Woodman) stated that the parking area is
not part of the road or special assessment contract, but he would be
happy to get her in contact with the contractor. The contractor would
have to keep track of materials and work separately, but it definitely
could be done.
Michael Ferrara Bayview, questioned if the township would be
servicing the road after work was complete. Chair Polzin stated that
for a road to be serviced by the township it needs a 66’ right of way,
therefore it would remain a private road and not be serviced by the
township. Michael then questioned if it would be asphalt. Mark
Kolczaski (Baxter and Woodman) stated that it would be asphalt, a 3”
buildup with a 2” surface over that, similar to Sunnyside which was
done a couple of years ago.
Gail Nichols Hiawatha, inquired how the homeowners would access their
property during the road work. Mark (Baxter and Woodman) said that
they will accommodate the homeowners, although during paving, it may
be necessary to close the road for a few hours, so it doesn’t mar up
the surface especially during the final layer.
Unknown Citizen Arrow Court, questioned if Arrow Court was included
in the resurfacing project. Mark (Baxter and Woodman) replied that
Arrow Court is named by the Town but not recognized by the County and
the right of way is only 5’ wide, therefore it isn’t considered a
road. It isn’t included in the resurfacing project but people on
Arrow Court are paying part of the assessment because Hiawatha is
their only access to their properties.
Bill Nichols Hiawatha, questioned if homeowners North of Hiawatha
that have duel access to their property using Hiawatha would share in
the special assessment. Mark (Baxter and Woodman) stated that they
looked at which roads had access or benefited by using Hiawatha, for
example: Almond Drive is included in the assessment because Hiawatha
is used to access it. He then displayed a map showing all the
properties that are included in the special assessment.
Unknown Citizen Arrow Court, asked if it is possible to put up a
street sign on Arrow Court because nobody can locate their street if
necessary. Mike Petkoff, the Public Works Foreman, stated that it is
possible but there would be a cost for the sign. Chair Polzin asked
how many houses were on Arrow Court and the reply was (4) homes. He
suggested that she contact Mike to discuss the cost of installing the
sign.
Unknown Citizen asked when the work was going to start. Mark (Baxter
and Woodman) said that it probably would be about a month. Town
hasn’t awarded contract yet but would be doing so later during the
Town Board Meeting.
Mark Kolczaski (Baxter and Woodman) summarized the Special Assessment
project. A letter was sent to property owners with an estimated
dollar amount. After receiving bids, the amounts were revised.
Hiawatha will be slightly lower at $976 down from $1000, approximately
$126 a year and Bayview will be slightly higher at $3,539 up from
$3400, approximately $456 a year. These figures are based on bid
prices. After no further comments from citizens present, Chair Polzin
closed hearing at 6:13 p.m. Proceeding immediately to the Town Board
Meeting.
Chair Polzin called the meeting to order at 6:14 p.m.
Pledge of Allegiance
Chair Polzin stated all were present including Town Attorney Steve
Wassel and Administrator John Olson. Missing was Dixie Bernsteen,
Clerk.
Chair Polzin declared there was a quorum present for doing business.
Press: Mike Hoey Audience: Approximately 35 people
Comments and suggestions of citizens present:
Unknown Citizen-presented a petition signed by the residents of South
Shore Manor regarding the Brown’s Channel Project. They are concerned
with the flooding of their homes and potential health risk. Mark
Kolczaski (Baxter and Woodman) stated that they are waiting for the
DNR permit and that the project is out for bid. He is hoping that the
project will be done by November 15th. John Pelletier spoke regarding
boundary issues and suggested considering Incorporation. John Carlson
4110 Pleasant St inquired whether the website would ever have the
ordinances uploaded. Administrator Olson stated that it is being
worked on but he would be happy to e-mail the ordinances to him. Ron
Humes Valencia Drive questioned whether anything has been done
regarding the water run off problem from the farm fields. Chair
Polzin stated that he never heard back from Shodeen.
Barb Bauer Valencia Drive, stated that some of their water samples
tested positive for
E-coli which could result in potential health problems and
contamination to our lakes if something wasn’t done soon. Chair
Polzin asked if anyone else had any comments or suggestions. Dan
Heath Delavan Drive raised his hand but was immediately told by Chair
Polzin that he would not be allowed to speak due to comments made to
the press by Mr. Heath. This refers back to a personal confrontation
on July 17, 2008 between Heath and Polzin, in which Polzin allegedly
made a threat to Heath, which Polzin denies. When Chair Polzin denied
Mr. Heath’s right to speak at the meeting, a few of the citizens in
the audience jumped in to support Mr. Heath and his right to be heard.
Chair Polzin stated he would not allow him to speak at any meetings
until he received a personal apology from Mr. Heath. Chair Polzin
moved forward with the meeting.
Approval of Minutes:
a. Minutes of Town Board Meeting July15, 2008
b. Minutes of Town Work Meeting August 13, 2008
Supervisor Wolfgram stated he would abstain from voting on the July
15th meeting and Supervisor Franzen abstained from voting on the
August 13th meeting due to their absences. Supervisor Militello made a
motion to approve the minutes of July 15, 2008 Town Board and August
13, 2008 Work Meeting as written with a second by Supervisor Wolfgram,
motion carried unanimously.
Town Board Reports: All committee and Town Reports are on file in the
Town Hall Office.
Treasurer’s Monthly Report:
Treasurer Morelli gave the Treasurer’s report all general purpose
account is $2,382,882.18; Lake Project pending audit expenditures
adjustments is $643,976.13. Supervisor Militello made a motion to
receive the Treasurer’s report as printed and place it on file in Town
Hall with a second from Supervisor Franzen, the motion carried
unanimously.
Finance Committee Recommendation Regarding Payment of Monthly Bills:
Supervisor Militello made a motion to pay monthly bills, check
numbers 052741to 052775, 052809 to 052843, 052873 to 052887, 052890 to
052927, 052996 to 054080 with a second from Supervisor Wolfgram, the
motion carried unanimously.
Old Business: None
New Business:
a. Discussion/possible action of final resolution for the resurfacing
of Bayview and Hiawatha Drive Resolution # 9.2008
Supervisor Militello made a motion to dispense with first reading of
Resolution # 9.2008 and pass to the second reading with a second by
Supervisor Wolfgram. Supervisor Militello made a motion to dispense
with the second reading of Resolution # 9.208 and adopt as published
with a second by Supervisor Wolfgram, motion carried unanimously.
b. Discussion/possible action on the recommendation of the County
Chair Nancy Russell and County Supervisor Claudia Holst to improve
communications with the Town of Delavan Board where projects involve
all parties of the Town and County.
Supervisor Militello made motion to approve with a second by
Supervisor Wolfgram,motion carried unanimously.
c. Discussion/possible action on the recommendation of the Fire and
Rescue Committee to approve the Mutual Aid Box Alarm System Agreement,
MABUS Resolution # 6.2008.
Supervisor Wolfgram made a motion to dispense with first reading of
Resolution # 6.2008 and pass to the second reading with a second by
Supervisor Jones. Supervisor Wolfgram made a motion to dispense with
the second reading of Resolution # 6.2008 and adopt as published with
a second by Supervisor Jones, motion carried unanimously.
d. Discussion/possible action on the recommendation of the Fire and
Rescue Committee to amend the ordinance to increase the charge for
oxygen used in a Rescue call from $50.00 to $75.00 to be in line with
all other rescue departments. New Ordinance # 289.
Supervisor Wolfgram made a motion to accept the amendment to
Ordinance # 289 with a second by Supervisor Jones. Supervisor
Wolfgram made a motion to approve New Ordinance # 289 with a second by
Supervisor Jones, motion carried unanimously.
e. Discussion/possible action on the recommendation of the Plan
Commission to approve the rezone application for Fred Haines III, 2512
North Shore Drive, Tax Key #FSI 00003 to rezone his property from
R-2A, B-3, and C-4 to R-2A and C-4.
Supervisor Jones made a motion to approve the rezone application for
Fred Haines III,2512 North Shore Drive, Tax Key #FSI 00003 with a
second by Chair Polzin, motion carried unanimously.
f. Discussion/possible action on the recommendation of the Plan
Commission to approve the application of Ron and Susan Kurek, 4406
East Dr., Tax Key # FSS 00035 to approve variance request for the
construction of a Second Story Addition.
Supervisor Jones made a motion to approve the application for Ron and
Susan Kurek, 4406 East Dr. Tax Key #FSS 00035 variance request for the
construction of a second story addition with a second by Chair Polzin,
motion carried unanimously.
g. Discussion/possible action on the recommendation of the Police and
Water Safety Committee to appoint Robert Betzer for the open seat on
the Police and Water Safety Committee.
Chair Polzin made a motion to approve the appointment of Robert
Betzer to the Police and Water Safety Committee with a second by
Supervisor Franzen, motion carried unanimously.
h. Discussion/possible action on the recommendation of the Police and
Water Safety Committee to purchase the new police Expedition car out
of the Equipment Replacement Account.
Administrator Olson suggested skipping this item because it had to do
with Resolution # 7.2008 which will be discussed with item (m) on
agenda
i. Discussion/possible action to on the recommendation of the Police
and Water Safety Committee to decide how to dispose of “1967” Jeep.
It was discussed that the Hwy Mechanic will keep the old Ford
Expedition due to the $6000 already invested and the dealership would
only offer $1500 for it. Chair Polzin made a motion to add the 1967
Jeep to Surplus Property and have the mechanic dispose of Jeep with a
second by Supervisor Franzen, motion carried unanimously.
j. Discussion/possible action on the recommendation of the Police and
Water Safety Committee to approve authorization of discharge of
firearms for the annual Community Park Goose Hunt from September 2
thru September 15 (Sunrise to 7:00AM)
Chair Polzin made a motion to approve Community Park Goose Hunt with
a second by Supervisor Militello, motion carried unanimously.
k. Discussion/possible action on the recommendation of the Public
Works to award the bid for 2008 Road and Drainage Improvements.
There was a short discussion regarding why all the roads in the Inlet
would not be included in the project. Mark (Baxter and Woodman)
explained that the cost of blacktop since 2005 has gone up 40-50%
every other year. Last year’s cost was approximately $30 a ton, this
year it is approximately $60 a ton. Therefore, there are insufficient
funds in the budget to do all the roads. Chair Polzin made a motion
to award the bid to BR Amon & Sons with a second by Supervisor
Franzen, motion was 3-2 with Supervisor Militello and Supervisor
Wolfgram voting Nay.
l. Discussion/possible action on the recommendation of the Public
Works to ditch Poplar Street within the ROW to improve drainage.
Chair Polzin made a motion to approve the ditch to Poplar Street
within the ROW to improve drainage with a second by Supervisor
Militello, motion carried unanimously.
m. Discussion/possible action to approve resolution # 7.2008 for the
budget amendment of the dam repair and Police Expedition.
Supervisor Militello made a motion to dispense with the first reading
of Resolution # 7.2008 and pass to the second reading with a second
from Supervisor Franzen. Supervisor Militello made a motion with the
second reading of Resolution # 7.2008 and adopt as published with a
second by Supervisor Franzen, motion carried unanimously.
n. Discussion/possible action to Finance the construction of the Salt
Shed & Police garage and the Purchase of the 2008 Peterbilt Plow Truck
Resolution # 8.2008.
Supervisor Militello made a motion to dispense with the first reading
of Resolution # 8.2008 and pass to the second reading with a second
from Supervisor Franzen, motion was 4-1 with Supervisor Wolfgram
voting Nay. Supervisor Militello made a motion to dispense with the
second reading and adopt as published with a second by Supervisor
Franzen, motion was 3-2 with Supervisor Militello and Supervisor
Wolfgram voting Nay.
o. Discussion/possible action on Petition for Direct Annexation of
the Branton and WALCOMET Parcels to the City of Delavan.
Chair Polzin stated that he would abstain from any vote regarding
this matter due to conflict of interest, Branton is his close
neighbor. Attorney Wassel commented that it is very hard to oppose
annexation and suggested that no response was necessary. No motion to
be taken at this time.
p. Discussion/possible action on the recommendation of the Lake
Committee to contract with HGR Engineering for feasibility study on
the Inlet Dredging Project.
It was discussed that the contract should be approved subject to
Attorney Wassel’s approval. Chair Polzin made a motion to approve the
Lake committee to contract with HDR Engineering as long as revisions
are made into contract, with a second from Supervisor Wolfgram, motion
carried unanimously
q. Discussion/possible action on the recommendation of the Public
Works Committee to approve the Baxter Woodman Engineering Services
Agreement of $18,600 for work related to the 2008 Road and Drainage
Improvements.
Chair Polzin made a motion to approve Baxter & Woodman to oversee the
work related to the 2008 Road and Drainage Improvements not to exceed
$18,600 with a second from Supervisor Jones, motion was 3-2 with
Supervisor Militello and Supervisor Wolfgram voting Nay.
r. Discussion/possible action to change the effective date for
interest accrual on all Brown’s Channel Special Assessments to
1.31.09.
Chair Polzin made a motion to make no changes to the effective date
for interest accrual on Brown’s Channel Special Assessments with a
second from Supervisor Militello, motion carried unanimously.
s. Discussion/possible action on recommendation of the Park and
Tourism Committee to proposes to change Independence Celebration (4th
of July) to the 3rd of July (Friday) for 2009.
In the past the 4th of July celebration has always been the Saturday
before the 4th, next year the 4th falls on Saturday but the Tourism
Committee would like to change the celebration to Friday July 3rd, not
to conflict with others on the 4th. Supervisor Franzen made a motion
to change the July 4th Celebration to Friday, July 3rd for 2009 with a
second from Supervisor Militello, motion carried unanimously.
t. Discussion/possible action to change policy for attending Annual
Towns Association Conference Banquet meal funds use.
Chair Polzin stated that in the past the dinners at the Towns
Association Conferences have not been worth the money that is paid to
attend; therefore he is suggesting that each person attending the
conference be given $30 toward a dinner of their choice rather than
attending the conference dinner. Chair Polzin made a motion to change
the meal funds policy with a second from Supervisor Jones, motion
passed.
Adjournment
Chair Polzin made a motion to adjourn the meeting with a second from
Supervisor Franzen motion carried unanimously.
Chair Polzin adjourned the meeting at 7:25 P.M.
Prepared and submitted by:
______________________________________
Laura Duchemin, Deputy Clerk/Treasurer