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December 15, 2009 Town Boad Meeting
MINUTES OF TOWN BOARD MEETING OF December 15, 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 7:00 p.m. Pledge of Allegiance PRESENT: Chair, Dorothy Burwell Supervisor, Frank Jones Supervisor, Barb Militello Supervisor, Herb Sessner Supervisor, Ryan Simons Clerk Bernsteen stated that a quorum was present for doing business Press: Mike Hoey Audience: Approximately _7_ people Approval of the Agenda Supervisor Militello made a motion to approve the agenda with a second by Supervisor Sessner motion carried 5-0. Approval of Minutes: a. Town Board Meeting November 18, 2009 b. COW Meeting December 7, 2009 Supervisor Militello made a motion to approve all the minutes printed on the agenda with a second by Supervisor Jones; Chair Burwell stated there were corrections, on page 3 of regular meeting it should be Audrey Green not Gray, motion carried 5-0. Communications: Clerk Bernsteen state the annual report from SERWPC is available for review if anyone is interested. Chair Burwell stated Bob Beall formerly on the Town Board passed away, keep him and his family in your thoughts; also Administrator Olson graduated Public Manager Certificate, for his final project he did the Town of Delavan Emergency Management Plan. Comments and suggestions of citizens present regarding items on the agenda: NONE 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 $1,727,236.98, and in the other Lake Project Funds there is $184,518.56. Supervisor Militello made a motion to receive the report and place it on file with a second by Supervisor Simons, motion carried. b. Finance Committee recommendation regarding payment of monthly bills check Numbers 058052 to 058110, 058123 to 058131, 058194 to 058249. Supervisor Militello made a motion to approve payment of all bills with the check numbers listed on the agenda with a second by Supervisor Simons; motion carried. Old Business: None New Business: a. Discussion/possible action on Conditional User Permit for East Bay Realty, LLC Supervisor Jones stated the Plan Commission recommends to the board to issue the conditional use permit for East Bay Realty to sell farm tractors, second by Supervisor Simons motion carried 5-0. b. Discussion/possible action on Variance for Neal Gil, Hwy 50 Real Estate Investment Inc Supervisor Jones stated the Plan commission recommends to the board to issue variance for Neal Gil, the gas pump is sub standard by 1’4” with a second by Supervisor Sessner motion carried 5-0. c. Discussion/possible action on Rezone for Dana Montana Supervisor Jones stated the Plan Commission recommends to the board to issue the rezone from A-2 and A-4 to A-5 for Dana Montana with condition to allow only one land division deed restriction with a second by Supervisor Simons motion carried 5-0. d. Discussion/possible action on Park Contract Supervisor Sessner made motion to accept contract as written second with a second by Supervisor Simons. Supervisor Militello stated that the Attorney advised to cut out any spending that Steve was doing, due to it could be a fine line as to employee or not. The purchase policy has been written for our employees to follow. Supervisor Militello would like to see something in the contract at how money is being spent. Supervisor Sessner stated that that is in the contract on how money is spent. Supervisor Sessner asked for wording on what should be stated. Supervisor Jones suggested the contractor pay for purchase out of pocket and is reimbursed by town at end of month. Chair Burwell agreed with Supervisor Jones. Supervisor Simons felt contract did not need to be changed. It states in the contract in several areas that address it what we do not have is that the contractor has the ability on behalf of the town, what it does say is that the contractor is not able to enter into any contracts on behalf of the town (letter Q page 3) and on page 4 letter S the board reserves the right to approve any and all outside vendors and letter x the town reserves the right to revise the responsibilities of the contractor and Page 5 section 2 is the reporting the contractor is already making through out the month on expenses. Supervisor Simons felt could be used as is, it does not have to be redefined because we have not given the contractor permission to purchase things on behalf of the town in the contract as is. Supervisor Jones agreed but suggested if the contract was agreed to tonight and addendum can be added at a later date. Chair Burwell had 2 corrections pg 7 under 7A the first line should be defend and hold not an, the last line on B where the Town of Delavan is, remove the “is”, and page 9 the first line under 15 Notices it should be permitted to be given. Supervisor Sessner the board must have gotten the wrong copy from the Attorney; he has those changes on his copy. Steve Shoff’s address also needs to be added. Motion carried 5-0 e. Discussion/possible action on Ordinance 301 for Speed Limit Change on Town Hall Road to 45 MPH and Delview Ave to 15 MPPH Supervisor Militello made a motion to dispense with the first reading of Ordinance # 301 and move to the second with a second by Supervisor Jones motion carried 5-0. Supervisor Militello made a motion to dispense with the second reading of Ordinance # 301 and approve Ordinance # 301 with a second by Supervisor Jones motion carried 5-0. f. Discussion/possible action on Resolution #16-2009 to Authorize a transfer of Town Board/Chair Expenses Supervisor Militello made a motion to dispense with the first reading of Resolution #16-2009 and move to the second with a second by Supervisor Simons motion carried 5-0. Supervisor Militello made a motion to dispense with the second reading of Ordinance # 301 and approve Resolution #16-2009 with a second by Supervisor Simons. Supervisor Sessner asked if the check would be issued in December for next year, Chair Burwell stated yes. Chair Burwell stated for members in the audience, the board is doing this to match the donation to be given to the Historical Society for 2010; it is expenses that she and board did not use in 2009. Supervisor Jones stated that in principle he is not against with the chamber, but with the cuts the employees have had to take for next year he does not agree with the donation. Supervisor Sessner stated this was an error when the agenda was created and it got left off of the agenda. Chair Burwell stated she understood his feeling and tends to agree, and felt that since we did it for the Historical Society she felt we needed to also do it for the Chamber of Commerce. The motion carried 4-1 with Supervisor Jones voting Nay. g. Discussion/possible action on Ordinance #302 to add Ward 7 Supervisor Militello made a motion to dispense with the first reading Ordinance #302 and move to the second with a second by Supervisor Simons motion carried 5-0. Supervisor Militello made a motion to dispense with the second reading of Ordinance # 301 and approve Ordinance #302 with a second by Supervisor Simons motion carried 5-1. h. Discussion/possible action on Resolution #17-2009 to adopt Poll Worker List for 2010/2011 Supervisor Militello made a motion to dispense with the first reading Resolution #17-2009 and move to the second with a second by Supervisor Simons motion carried 5-0. Supervisor Militello made a motion to dispense with the second reading of Ordinance # 301 and approve Resolution #17-2009 with a second by Supervisor Simons motion carried 5-1. i. Discussion/possible action on Resolution #15-2009 for a Purchasing Policy Supervisor Militello made a motion to dispense with the first reading Resolution #15-2009 and move to the second with a second by Supervisor Simons motion carried 5-0. Supervisor Militello made a motion to dispense with the second reading of Ordinance # 301 and approve Resolution #15-2009 with a second by Supervisor Simons motion carried 5-1. j. Discussion/possible action on Resolution to #18-2009 change Ordinance Dog License Fee Supervisor Militello made a motion to dispense with the first reading Resolution #18-2009 and move to the second with a second by Supervisor Simons motion carried 5-0. Supervisor Militello made a motion to dispense with the second reading of Ordinance # 301 and approve Resolution #18-2009 with a second by Supervisor Simons motion carried 5-1. Comments and Suggestions of Citizens Present Supervisor Wolfgram stated that he wanted to inform the board that the town may be still purchasing their salt from the County. In late winter to early spring the State of Wisconsin solicits Municipalities to get onto the next winters bid list and encourages the town to look at it. The town would get the same price as the County but would no have to pay the service fee to the County. They will hall it direct to your door and the Town would no longer have to pay the service fee. Chair Burwell stated she appreciates the information. Adjournment Supervisor Simons made a motion to adjourn the meeting with a second by Supervisor Jones, motion carried. Chair Burwell adjourned the meeting at 7:29 PM. Prepared and submitted by: Dixie Bernsteen, Town Clerk



















