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July 15, 2008 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF July 15, 2008 The regular monthly meeting of the Town of Delavan Town Board was held at Town Hall after due notice had been posted. Chair Polzin called the meeting to order at 6:00 p.m. Chair Polzin stated all were present with the exception of Supervisor Wolfgram. Pledge of Allegiance Chair Polzin declared there was a quorum present for doing business. Press: Mike Hoey Audience: Approximately _20 _ people Comments and suggestions of citizens present: John Pelletier, item “E” recommendation of the Public Works Committee to approve sending a letter to Inlet Oaks Subdivision residents to open blocked culverts and clear ditches. At the Sanitary Districts commissioners meeting they discussed a communications program with the Inlet and other parts of the Town with the problems of sub-pump and overloading the sewer. Thought it would be a good idea for the Town Board and Sanitary District to collaborate together due to dealing with two pieces of the same issue and one letter should be drafted from both the Town and Sanitary District. Chair Polzin stated that he has turned this over to Attorney Wassel for completion. Attorney Wassel stated he has been working on the letter with Administrator Olson. Carol Ferrard 2410 Lake Shore Drive; would like to be put on the agenda for the August 19th meeting, in regards to the swale next to her property, she needs some type of relief from all of the rains. Her property is now sand bagged and she has done all they can do to prevent her property from flooding. Chair Polzin asked that she contact Administrator Olson about the problem to be put on the agenda. Don Holst stated that as a reminder Town Board did hire Baxter and Woodman to Engineer that portion of the swale. Mr. Humes 532 Valencia Drive, run off problem from the farm fields into the Inlet area, is much worse than previous years. He has taken water samples and there is fecal E-coli coming in and flooding basements. All they ever hear is it will be looked into and never hear anything else. He asked why the farmer does not do something, he see’s farther up the road a retention pond has been put in. Does the property owner (farmer) not have a responsibility to his neighbors? Chair Polzin stated the Town Board is working on this and cannot disclose what is happening and hopes to have a solution by next week. Mr. Humes would like to know how they would be notified if a solution has been made. Chair Polzin stated, through meetings and/or Special Town Board meetings or that the Town Board would somehow get the word out to the public. Mr. Humes stated, “You understand this is a health issue, it is not just run off.” Chair Polzin stated, “If you are going to go after a health hazard you will have go to the County.” Mr. Humes stated he just wants to see results. Chair Polzin stated the County has the say about the health problems. Donna Hopkins 450 Schroeder Ave felt some priority should be taken on this situation. Don Ruess 533 Valencia, his basement flooded for the first time ever, the water washed over window wells and blew out the window, and wanted to know what does he do with the fecal matter? He can not pay the $3500 to have this removed. He has not just water but sewage and mud in his basement. Attorney Wassel stated depending on the insurance you have it may not be covered, he suggested contacting FEMA. Barb Bauer 532 Valencia Drive, has any one gone out and seen how the water has been coming in off the fields. Chair Polzin stated yes, he the Administrator and Supervisor Militello have been out. Chair Polzin stated the Town Board is working on it. Dan Heath read a statement of the last four weeks events. (On file) Ms. Humes asked who paid for the port a potties’. Chair Polzin stated the Sanitary District. Unknown citizen, asked if fines were issued to those business that stayed open? Chair Polzin stated, no. Ms. Humes, were the businesses told not use the facilities as the citizens were? Chair Polzin state he did not know about the situation until Monday. Approval of Minutes: a. Minutes of Town Board Meeting June 17, 2008 b. Minutes of Town Board Work Meeting July 9, 2008 c. Minutes of Special Town Meeting July 2, 2008 Supervisor Jones stated he would abstain from voting on the June 17th meeting due to being excused. Supervisor Jones made a motion dispense with the reading of minutes of June 17, 2008 Town Board, Town Board Work Meeting July 9, 2008 and the Special Town Board Meeting July 2, 2008 and approve as written with a second by Supervisor Militello, 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 $2,582,291.69; Lake Project pending audit expenditures adjustments is $642,762.89. 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 as listed on the agenda with a second from Supervisor Jones the motion carried unanimously. Old Business: None New Business: a. 2007 Financial Statement Report by Patrick Romenesko. Pat Romenesko went over the 2 reports (Annual Financial Report, Improvement Report) b. Discussion/possible action on recommendation of the Lake Committee to approve the proposal from Baxter & Woodman for additional work related to the Inlet Dredging Project. Statement from Don Holst of the Lake Committee: “The Town of Delavan desires to enter into contract negotiations with engineering firm of HRD in Springfield, Illinois specifically with Peter J. Bernie pg a principal of that company for the purpose of exploring the dredging of the inlet on Delavan Lake.” This agreement would replace the firm of Baxter and Woodman, the engineering firm currently working on the above project. Chair Polzin suggested setting up a meeting with HRD to find out what he proposes before making a final decision. Supervisor Jones made a motion to have its staff and lake committee investigate references; discuss project requirements and cost of HDR in spring files specifically with Peter Bernie PG for purpose of exploring the dredging on Delavan Lake with a second by Chair Polzin. Attorney Wassel stated point of order, the agenda reads to discuss the proposal of Baxter and Woodman include the motion that was made, does not address that issue, and he did not feel that anything would prevent his motion from moving forward. There is not an expenditure of funds involved and exploring what Supervisor Jones suggested in his motion. Administrator Olson can go forward with that and bring back information for the community and board. Attorney Wassel was concerned that the agenda does discuss Baxter Woodman and the other firm is not on the agenda. Chair Polzin stated a motion did not need to be made and he would work with Administrator Olson to set up meeting. c. Discussion/possible action on the recommendation of the Lake Committee to approve sending a letter to the City of Delavan discouraging development of a boat storage site by Lake Lawn Resort in a Primary Environmental Corridor. Chair Polzin made a motion to send a letter to the city in opposition to them building the boat storage building in the location proposed with a second by Supervisor Jones, motion carried unanimously. d. Discussion/possible action on the recommendation of the Lake Committee to approve the proposal from Dorner Company for emergency repairs of Gate 1 at the Dam for $6,160. Chair Polzin made a motion to approve the proposal from Dorner Company for emergency repairs of Gate 1 at the Dam for $6,160 second by Supervisor Jones motion carried unanimously. A resolution is to be made for next months meeting to move $6,160 from contingency fund to appropriate budget category. e. Discussion/possible action on recommendation of the Public Works Committee to approve sending a letter to Inlet Oaks Subdivision Residents to open blocked culverts and clear ditches where needed to improve drainage within the street ROW. Chair Polzin made a motion to approve sending a letter to Inlet Oaks Subdivision Residents to open blocked culverts and clear ditches where needed to improve drainage within the street ROW a second by Supervisor Jones, motion carried unanimously. f. Discussion/possible action on recommendation of the Public Works Committee to consider the purchase of a Ditching Bucket/Attachment. Supervisor Militello made a motion to purchase a Ditching Bucket/Attachment with a second by Supervisor Jones, motion carried unanimously. A resolution is to be made for next months meeting to move $1845 from the contingency fund to appropriate budget category. g. Discussion/possible action to change the schedule of the monthly Town Board Meeting back to 7:00pm. Chair Polzin made a motion to keep monthly Town Board Meeting at 6:00pm, with a second by Supervisor Jones, motion was 3-1 with Supervisor Militello voting Nay. h. Discussion/possible action to convene into Closed Session per WI Stat 19.85 (1)(g) for the purpose of conferring with legal counsel. Topic: Negotiation/Mediation re: Town of Delavan vs. Hey and Associates Chair Polzin made a motion to go into closed session with a second by Supervisor Militello, motion carried unanimously. i. Reconvene into Open Session Chair Polzin made a motion to go out of closed session with a second by Supervisor Jones motion carried unanimously. j. Discussion/possible action re: Negotiation/Mediation strategies with Town of Delavan vs. Hey and Associates appropriate for Open Session. None Adjournment Supervisor Jones made a motion to adjourn the meeting with a second from Chair Polzin motion carried unanimously. Chair Polzin adjourned the meeting. Prepared and submitted by: ______________________________________ Dixie Bernsteen, Town Clerk