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June 19, 2007 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF June, 19, 2007 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 7:00 p.m. Clerk Dixie Bernsteen called the roll. PRESENT; ALSO PRESENT; EXCUSED: Chair, Wayne Polzin Treasurer, Patricia Morelli Herb Sessner Supervisor, Kay Franzen Clerk, Dixie Bernsteen Mike Petkoff Supervisor, Jim Wolfgram Police Chief, Andrew Mayer Supervisor, Frank Jones Fire Chief, Gerald Edwards Mechanic, Tom Thiele Town Attorney, Steve Wassel Pledge of Allegiance-All Press: Mike Hoey Audience: Approximately _14___ people Chair Polzin declared a quorum present for doing business. Communications: Chair Polzin: 4th of July parade in Delavan, Town board Member that wishes to ride in Parade, someone will have to furnish a car. They will have signs Chief are you going t have a car, please contact Ron Siedelman 728- Email Administrator for Steering Committee of Territorial Zoning agreements between City of Delavan, City of Elkhorn and Town of Delavan. Supervisors Jones and Sessner were chosen Letter from Norma Barrs, Geneva West Estates, speed in subdivision. Suggest her to attend to Police Committee Meeting Jim Wolfgram: Flags? If flown at night must be lit. Tom Thiele: Disgrace not lit, went through committee Emory Carlson stated must be lit. Comments and suggestions of citizens present: Jane Harries Inlet—Town Board changes in agenda at end and beginning of agenda for citizens to have comments. Please consider that point Two house on Inlet shore, grass problem, can anything be done. Chair Polzin: Town can only do something if noxious weeds. Fred Cutler 3302 Bay Road: Enter letter to record unsafe conditions of Bay Road, letter read by Dr. Cutler (Letter on File) Approval of Minutes: Supervisor Jones: Read a portion of last meeting minutes (5/15/2007) made a motion to be placed in town files a permanent record to town board meeting, and the actions taken at that meeting. Mark minutes as unapproved, since the errors are as numerous as to whether the draft undecipherable and incomprehensible. Town Clerk to start of with a new draft of the town board meeting of the town board held May 15 2007, and the due draft be available to the town supervisors at least 2 days prior to the July town board work meeting. Jim Wolfgram: Second motion. No discussion Roll call vote: All in favor (Aye) Wayne, Kay, Jim, Frank Jones. Unanimously approved. Town Board Reports: All committee and Town Reports are on file in the Town Hall Office. Treasurer’s Monthly Report: Savings $2, 238, 970.81 Checking Still working on Lake project $610,165.65 Hold off on accepting Treasurers report until complete. Finance Committee Recommendation Regarding Payment of Monthly Bills: Chair Polzin made a motion to pay bills starting with check number 48585 thru check number 48761 with a second from Supervisor Wolfgram, no discussion, motion carried unanimously. Committee Reports: On File with Clerks Office Old Business: Hiring of Omni Engineering Attorney Wassel: Liesch took over project originally started by Hey and Associates. Trying to determine if we can recover from them for moneys we have expended previously in that matter. Asking for permission from board to hire them. Chair Polzin: Made a motion to hire Omni Supervisor Franzen: Second No discussion, all approved by saying Aye (Wayne, Kay, Jim, Frank) motion unanimously approved. Attorney Wassel: I will provide to the Clerk and ask that she distribute to the credentials of the folks in the firm together with their fee schedule. New Business: a.Discussion/possible action on recommendation of the Administrative Committee to approve Yearly Liquor License Renewal’s for July 1, 2007 Supervisor Franzen: We have three: Class ”A”/A” Combination Fermented Malt Beverages and Intoxicating Liquor License Brown’s Market Maxi Shell, Inc Lake Front Mobil Mart We recommend that those be granted. Motion to approve the three License Class ”A”/A” Combination Jim Wolfgram: Second motion No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. Supervisor Franzen: Class ”B”/B” Combination Fermented Malt Beverages and Intoxicating Liquor License Delavan Lake Resort, LLC MillerTimeMatt, LLC – Hogan’s Goat Elenar - Cattails Kendall’s Cove – Pirate’s Cove Arben Useni – Mulligan’s Sports Bar & Grill Delavan Entertainment Center – Super “Z’s” Loch Business Ventures - Sportsman’s Park Marsicano Enterprise - Village Supper Club Joey’s Eatery – The Water Front Three Brothers of Delavan – End Zone Esquire Lounge & Dining, LLC North Shore Corp – North Shore Bar & Grill In Between Bar & Grill, Ltd Delavan Lake Yacht Club Inc. Delavan Lake Bait & Tackle Co., Inc. Motion to approve the License Class ”B”/B” Combination Jim Wolfgram: Second motion No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. Attorney Wassel: “There are entities that where ownership is in the process of being transferred, they are in the current licensing trade which ends June 30. However it is understood or expected that the current ownership on these will die a natural death and a new license will be issued to a new person or entity. And then would be effective July 1. So because there is license that is outstanding to the two premises, namely Pat’s place and what is otherwise known as Applegate’s or now Fred’s Wagon Wheel. It is presumed that if there is a motion to grant this, that it would not be issued until such time is the former licensee has surrendered their license or it is otherwise expired.” Supervisor Franzen: I make a motion that we approve it that as mentioned by Attorney Wassel. Chair Polzin: Second motion, no discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. Supervisor Franzen: Class “A” Fermented Malt Beverages License Robert E Lee – Bob’s Beach Shack Motion to approve the License Class ”A” Fermented Malt Beverages License Jim Wolfgram: Second motion No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. Supervisor Franzen: Class “B” Fermented Malt Beverages License Delavan Lake Marina Budget Banquets LLC - Delavan Roller Rink Motion to approve the License Class ”B” Fermented Malt Beverages License Jim Wolfgram: Second motion No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. Supervisor Franzen: “Class C” Wine License Delavan Lake Marina Motion to approve the License Class ”B” Fermented Malt Beverages License Jim Wolfgram: Second motion No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. Supervisor Franzen: Class “B” Fermented Malt Beverages License/“Class C” Wine License Cudemos Holding, LLC Virna’s Pizzeria (Leo B’s) Motion to approve the “B” Fermented Malt Beverages License/“Class C” Wine License, on the contingency that they pay their liquor bill. Jim Wolfgram: Second motion No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. b.Discussion/possible action on recommendation of the Administrative Committee to approve Clerk and Treasurer to attend Clerk & Treasurers Conference July 8-13 in Green Bay, at a cost of $809.00 each Chair Polzin: “That does not require town board approval, I have been given the authority to authorize that. Which I have already done, but as long as it is on the agenda , I make a motion that we allow the Clerk and Treasurer to attend the conference in Green Bay, July 8-13 at a cost just for the convention of $809. That I believe includes the room? Am I right on that Dixie?” Clerk Bernsteen: Yes. Chair Polzin: “ So, is there a second to that motion?” Supervisor Jones: Second No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. c.Discussion/possible action on recommendation of the Administrative Committee to take $1,000.00 from contingency fund and transfer to Treasurer’s Schools/Seminars budget. Chair Polzin: The reason for that is they only put $500 in the budget for the Treasurer. I make a recommendation that we take $1000 from the contingency fund and transfer it into the Treasurers school seminar budget. “I make that in the form of a motion.” Jim Wolfgram: Second No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved d.Discussion/possible action to accept resignation of Officer James Hanson. Chief Mayer: I believe that is to be accepted by the Police Department. Chair Polzin: We are going to accept it here, and at least put a good word in for him. Jim has been a devoted officer for the Town of Delavan. “I make that in the form of a motion with regrets.” Supervisor Jones: Second No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved e.Discussion/possible action on recommendation of Public Works Committee to send a letter to residents on Hiawatha and Beckman Drives to repair their roads due to unsafe conditions. Jim Wolfgram: “Made a motion that the town send to residents on Hiawatha Drive and Beckman Drives a letter indicating that necessary repairs need to be made to their roads to maintain them in a safe condition. Supervisor Franzen: Second Discussion: Shouldn’t the letter contain that the cost will be charged back to them on their tax bill? Chair Polzin: “Not at this time, we do not have the authority to do those roads. So we are notifying them that they must take care of them. And then if they don’t it will say what will happen in the future.” Attorney Wassel: We are looking at this in two components, one was the right here and now. Then the bigger fix. If this a repair of private roads we are going to do what we can under our code to charge it back. I don’t feel we need address it in the motion itself, if we can charge it back we will. Chair Polzin: All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved. f.Discussion/possible action on recommendation of Public Works Committee to send letter to Terry and Pam Johnson of Geneva West to repair the ditch in front of their home. Chair Polzin: That letter is being drafted from the Town of Delavan. Supervisor Jones: I would make a motion that we advise Terry and Pam Johnson of Geneva West, that due to improper drainage in there ditch, caused by their back filling, they must take steps to rectify the situation as soon as possible. Supervisor Franzen: Second Chair Polzin: No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved g.Discussion/possible action on recommendations of Public Works Committee to hire a handyman or retired person to repair the Town hall handy cap ramp. Chair Polzin: We are just going to advertise for someone to come in and repair it. Attorney Wassel: I do not anticipate that the amount of the repair or even reconstruction is going to exceed $15,000 jurisdictional limit. Proposals should be done for any repairs necessary. Chair Polzin: Make a motion to silicate proposals to repair the Handicapped ramp here at the town hall. Supervisor Jones: Second Discussion: Attorney Wassel: Who is going to do it? Who is going to get the proposals? Chair Polzin: Volunteered. All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved h.Discussion/possible action on recommendation of the Lake Committee to approve final cost of Brown’s Channel Jim Wolfgram: The final costs $239,025 including what needs to be done at the weir. The Lake committee wants to follow Liesch’s recommendation of option 1 for the special hearing needed to be set up for the people that will be affected by this. Attorney Wassel: Under special assessment procedure, we did an initial or preliminary resolution on this for the purpose of special assessment a long time ago. Liesch needs to prepare a proposed plan that needs to be broken down so the residents can inspect it. We will have to have public hearing, to come and tell the town board what they think. When done draw a resolution by the Treasurer to put these cost items on the tax bill. Jim Wolfgram: A draft is prepared already, with two sections. One is based on foot frontage of the people direct riparian owners on the channel. That has been calculated out per lot. It is also broken down into deeded access property owners, the remainder of the people in that subdivision area. Attorney Wassel: This needs to include with the engineering report. One the report is ready it needs to be filed with the Clerk, and the Clerk must provide notice to those people affected, plus a Class 1 notice. Jim Wolfgram: Motion to have meeting with Liesch, South Shore Manor residents and Lake Committee on August 4, 207 at 9:00 AM at the Town Hall. Chair Polzin: Second. No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved i.Discussion/possible action on recommendation of the Lake Committee to keep using Liesch Engineering firm to finish dredging project. Jim Wolfgram: This is an extension of existing contract that has just expired, so that the work can continue on with the inlet dredging project. As soon as they are done with the Mound Road. Money available in Lake account for this, extra money is now available due to sediment not going to land fill. A $70,000 savings to use on the inlet project. Attorney Wassel: Need new updated proposal from Liesch for the Inlet to be given to the committee and the board for approval. Chair Polzin: Made a motion to table until ready to become before the town board. Supervisor Jones: Second No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved j.Discussion/Possible action to appoint a new member to the Police and Water Safety Committee Chair Polzin: Made a recommendation to appoint Roberta Cumming (Bert) at 4448 Cobblestone Rd, Elkhorn. Made a motion to appoint Roberta to Police Committee. Supervisor Jones: Second No Discussion, All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved Adjournment: Chair Polzin: Made a motion to adjourn Jim Wolfgram: Second All approved by saying Aye (Wayne, Kay, Jim, Frank) motion carried, unanimously approved Chair Polzin adjourned the meeting at 8:12 p.m. ATTEST: APPROVED: ______________________________________ ________________________________________ Dixie Bernsteen, Town Clerk Wayne Polzin, Town Chair Minutes have been taped and are available to listen to upon request.