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March 18, 2008 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF March 18, 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 6:10 p.m. Pledge of Allegiance Chair Polzin stated to let the record show that all board members were present. Press: Mike Hoey Communications: NONE Comments and suggestions of citizens present: a. Marvin Herman 1705… Chairman Polzin stated that his road is going to be taken care of. b. Merilee Holst representative of DLIA, water shed sign project and DLIA has been working with the sanitary district in regards to formulating plans to where the signs should be put, design elements, costing and DLIA will mount a campaign to help defray the expense of the signs. c. Larry Malsch 417 First Street, would prefer to change the meeting time to 7:00PM, felt citizens have problems getting their, with the earlier time. The town board should be convenient for the citizens, between 5-7PM is the normal supper hour, and having the meeting at 6PM intervenes with most families supper hour. False statements made by Chairman about him while he was on town board, Chair Polzin claimed Mr. Malsch had cost the town $100,000 for not talking the other board members out of voting illegally on dredging projects, it ended up costing the town penalties and attorney fees for not having the required permits and approving to do the work without the permits. “Mr. Polzin remembers he is one of the first people commending me for doing the right thing.” Seeing other issues have been disagreed upon when on the board together he holds Mr. Malsch accountable for $100,000. Mr. Malsch wonders how much the town lost loosing Lake Lawn Lodge into Delavan. Chairman Polzin interrupted Mr. Malsch, stating “he did not loose Lake Lawn to the city of Delavan, to get your facts straight.” Mr. Malsch stated “he had the floor,” and Chairman Polzin, stated he is the chairman and he has the floor. Chairman Polzin stated, “Lake Lawn Lodge we went to the county we filed for incorporation two hours before the city to the county level. I did not loose Lake Lawn to the City, Tony Antineau was in the process of trying to get it annexed into the city, and we tried to stop them with incorporation. Chairman Polzin stated, “I have heard enough out of you about that subject.” Mr. Malsch stated, “I was in your office listening to the conversation, typing a lot of your letters so I know exactly what was going on.” Mr. Malsch would like to ask the supervisors at what meeting did they discuss and vote on to have the town attorney investigate the former Chief of Police and at what meeting did you authorize the result of that investigation to be turned over to the district attorney? Tonight’s agenda you have something about the Fire and Rescue Departments, I must ask Supervisor Wolfgram as the Chairman of the Fire Committee, is this some kind of recommendation that is coming from your committee? Supervisor Wolfgram stated, “It was not.” Did the Fire and Police Commission have any input into this? Supervisor Wolfgram stated, “He did not know.” d. Dennis Purgatorio 4102 Lake Avenue, we have had this ongoing problem with ice fisherman on South Shore Drive, the board knows about this, the whole south side of South Shore is torn up from ice fisherman. They are now moving to the north side to park. It is going to cost the town big bucks to get straightened out. e. Claudia Holst candidate for District 5 Walworth County Supervisors Board introduced herself and gave a short presentation. Left brochures for citizens. f. Leo Lebmitz candidate for District 5 Walworth County Supervisors Board introduced himself and gave a short presentation. Approval of Minutes: Supervisor Jones made a motion to dispense with the reading and approve minutes of Town Board Meeting February 19, 2008, second by Supervisor Sessner, motion carried unanimously. Supervisor Jones made a motion to dispense with the reading and approve minutes of Town Board Meeting March 12, 2008, second by Supervisor Wolfgram, Supervisor Franzen abstained from voting, all other approved. Town Board Reports: All committee and Town reports are on file in the Town Hall Office. a. Treasurer’s Monthly Report In the general purpose accounts $1,790,088.35; the Lake Fund Projects pending auditor adjustments is $633,134.29. December has been posted and starting on the new software. Chair Polzin made a motion to receive the Treasurers Report and place it on file, with a second by Supervisor Franzen, motion carried unanimously. b. Finance Committee recommendation regarding payment of monthly bills check numbers 051350 to 051446, 05475 to05132, 051571 to 051593, 051625 to 051676. Supervisor Sessner made a motion to approve checks numbers 051350 to 051446, 05475 to05132, 051571 to 051593, 051625 to 051676. With a second by Supervisor Jones, motion carried unanimously. c. Committee Reports on File Old Business: None New Business: a. Discussion/possible action on recommendation of the Plan Commission to approve Oaks of Delavan Lake Developers Agreement and Final Plat. Mark Kolczaski gave a presentation and updated the board with the plan. Chris Halverson from the Godfrey firm in Elkhorn, along with the developer Mr. Kiekafer, the delay was changes, detailed language that Mr. Schuk added for the protection of the town and the developer. Supervisor Jones made a motion to approve the developer’s agreement for the Oaks of Delavan Subdivision contingent upon the review of the staff and Plan Commission. A date of March 31st was set for final decision by the Plan Commission and Board. Motion was second by Supervisor Sessner, motion carried unanimously. b. Discussion/possible action on recommendation of the Town Chairman to appoint Larry Lester as the Chief of the Rescue Squad Department. Chair Polzin made a motion to make Larry Lester the Official Rescue Chief, with a second by Supervisor Jones. Supervisor Sessner asked who he would report to. Chair Polzin, stated he would report to the board. Clerk Bernsteen asked, is that a Police and Fire Commission decision? Chair Polzin stated, “he did not believe that there was.” Supervisor Wolfgram stated, “as Chair of the Fire and Rescue, I think there needs to be a recommendation from the committee on way or the other in regards to this.” Chairman Polzin stated, “all appointments are made by the Chair and they are approved by the Town Board.” Chair Polzin called for the vote Polzin and Jones approving, Wolfgram and Sessner opposing, Franzen abstains. Chair Polzin stated, “if you’re elected and are on the town board you should vote one way or another, either for or against.” Supervisor Franzen voted to approve. Chair Polzin stated, “it passes in favor 3-2.” c. Discussion/possible action on recommendation of the Fire and Rescue and Police and Water Committees to approve on a case by case basis approval of special circumstance employee’s to go over the 590 hour limit but not to exceed 990 hours. Supervisor Jones made a motion in the case of part time employee Chris Kristalidis who works for both the Police and Rescue Departments and is considered an exceptional, valued employee, that the requirement that the part time employee is working be limited to working less than 590 hours be waived, it must be noted that this is a special exemption applying only to Chris Kristalidis further that his hours must not exceed 990 hours, further that this special exemption may qualify him for retirement benefits, motion was second by Supervisor Wolfgram, motion carried unanimously. d. Discussion/possible action on recommendation of the Administration Committee to the board to approve an additional statement to Ordinance 1.07 concerning the scheduling of poll workers. Chair Polzin made a motion to approve additional statement to Ordinance 1.07 concerning the scheduling of poll workers, seconded by Supervisor Sessner, motion carried unanimously. e. Discussion/possible action on the recommendation of the Lake Committee to approve water shed project. Supervisor Wolfgram presented a sample of the signs that may be used for the water shed project and explained how they would be posted. No action taken. f. Discussion/possible action on recommendation of the Public Works Committee of the Town Board to purchase heaters for public works garage. Supervisor Jones made a motion to purchase heaters for not to exceed $10,100 through Southern Lakes Plumbing and Heating, with a second by Supervisor Franzen, motion carried unanimously. g. Discussion/possible action on recommendation of the Public Works Committee of the Town Board to approve Salt/Cold Storage Building Plat and Survey. Chair Polzin made a motion to approve the Salt/Cold Storage Building Plat and Survey to be done by Baxter Woodman with a cost not to exceed $2,800, motion second by Supervisor Wolfgram, motion carried unanimously. h. Discussion/possible action on recommendation of the Public Works Committee to the Town Board regarding the road projects which roads should be repaired and a method of funding their repair. Supervisor Jones moved that the board recommend approval of $250,000 as budgeted for the repair of streets and roads in the town designated as needed by Baxter and Woodman, our consulting Engineering Firm, further that up $50,000 of the $250,000 is designated as the town share for the cost of F westward to the city of Delavan. Supervisor Jones also moved to the exceptional detrimental impact of the weather this winter that an additional up to $300,000 for street and road repair of roads to be determined by Baxter and Woodman be allocated from the surplus funds providing that the surplus fund exceeds $1,000,000. The roads recommended by Baxter Woodman needing repair are Mound Road East, Theatre Road and all of the roads in the Inlet Oaks Subdivision. A second was made by Chair Polzin, motion carried with a 3 - 2 vote. Adjournment Chair Polzin made a motion to adjourn with a second by Supervisor Wolfgram, motion carried unanimously. Chair Polzin adjourned the meeting at 7:15 PM. Prepared and submitted by: ______________________________________ Dixie Bernsteen, Town Clerk