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May 15, 2007 Town Board Minutes
MINUTES OF TOWN BOARD MEETING OF
May 15, 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.
Pledge of Allegiance
Clerk Bernsteen called the roll.
PRESENT; ALSO PRESENT;
Chair, Wayne Polzin Treasurer, Patricia Morelli
Supervisor, Kay Franzen-Excused Clerk, Dixie Bernsteen
Supervisor, Jim Wolfgram Police Chief, Andrew Mayer-Excused
Supervisor, Frank Jones Fire Chief, Gerald Edwards
Supervisor, Herb Sessner PW Foreman, Mike Petkoff-Excused
Mechanic, Tom Thiele- Excused
Town Attorney, Steve Wassel
Press: Mike Hoey
Audience: Approximately _16___ people
Chair Polzin declared a quorum present for doing business.
Communications:
Resignation of Mike Petkoff read by Chair Polzin
Chair Polzin: “Mike came to see me this morning and this was quite a
surprise to me when he brought it. We had quite a talk, he got of
tons in the fire, and he is not for sure that they are going to pan
out for him. The highest seniority person under him is Lee Holden,
and I had Lee and Mike both come over and we talked naturally in an
absence of a highway foreman Lee will take over until appointment
made. I am going to ask at this time that we do not take action. I
was going to take action, but I feel I would rather not take action on
this tonight, we are going to have a special town board meeting on
June 5, I would like to make this part of a special meeting to accept
his resignation or it could be withdrawn before then, so giving him
every opportunity in case he decides that the other does not work out,
he still has his job with the town of Delavan and also on the agenda
for that night is possible appointment as temporary foreman to make it
more legal.
No action, until June 5 special town board meeting (public hearing)
before planning commission. The public hearing before was carried
through, it passed and so on but, being the problems with it we were
advised by the town attorney to have another public hearing. What I
would recommend that we will have three meetings that evening, I
recommend first of all we schedule the public hearing for 6:30 PM
immediately following would be a special town board meeting and then
the planning commission meeting.”
Comments and suggestions of citizens present:
George Bahlman: “Member of American Legion Post 95 in Delavan. I am
here to invite the elected officials to Memorial Day parade Monday May
28. In the past this is my fourth year doing this, in the past I have
not come because one of your members would tell you about it. He is
no longer a member of the board, so I am here to invite you to come
and please partake in our Memorial Day parade the 28th of May. A
little change than in the past you will need your own vehicles, we do
not have as many vehicles as in the past, but we do have signage for
the town officials, and we would like you to be part of our Memorial
Day parade. Meet at 8:45 Monday at the Legion Hall.”
Chair Polzin: “I would ask that anyone that is going to participate
in their parade, please let them know in advance, they take out an
agenda for the cars and it helps them an awful lot, if you are going
to make the parade, I don’t know again would you mind giving out your
telephone number that they could call you?”
George Ballman: “728-3558, I have already approached Herb last night,
he is a member of our post, but he has a grandson graduating at West
Pointe, so we are going to let him miss this parade.”
Chair Polzin: “I think that most important things come first, and I
think that is more important. In case of inclement weather the
ceremony will be at Phoenix Middle School, they are the host school
this year, same time. The speaker is a member of the post, Lieutenant
Colonel John Lohmer, who just returned from Afghanistan in February, a
year tour in Afghanistan.”
Darrin Wisinski: “225 Valencia Drive, ask for a recommendation for
the approval of maxi one for liquor license.”
Supervisor Jones: “I have a question, is this the time to bring it
up. I have been studying this town officer’s handbook and it is
apparent that they are very concerned about the open meetings
requirements. One thing that jumped out at me, during our planning
commission meetings on Shodeen, there are many times when we had 3-4
members present at the meeting even though only 2 are participating in
the meeting. As I read and interpret the regulations, that would be a
consideration of the open meeting laws and I am wondering if as
Supervisors potential chairman of committees we should be aware that
if there are more that 2 supervisors, that we should ask the 3rd one
to leave.”
Chair Polzin: “On every agenda that goes out, like here now a quorum
of the town board may be present, that is posting that is possible at
any meeting whether it be fire committee meeting, plan commission
meeting, any meeting whether it be committee, town board meeting, they
are all listed a quorum that the town board be present that covers us
that any town board member may attend a meeting, you could in fact
have all 5 town board members there and you would be legal, because it
was posted. If it wasn’t posted, then you are in violation. That is
why we have that on the agenda. I know we had Ed come in here, Ed did
you have anything under comments and suggestions. No, Sir we are
under comments an suggestions citizens present this is the only time
that you are going to get a chance to speak, during the agenda, if
there is anything or reason that you are here, if you want to make any
comments, now is the time to do it.”
Citizen: None
Approval of Minutes:
a.Town Board Minutes of April 17, 2007
b.Special Town Board Meeting of May 9, 2007
c.Town Board Work Meeting of May 9, 2007
Chair Polzin made recommend placing April 17, 2007 minutes with the
clerk but cannot be approved minutes, because we do not have a quorum.
Chair Polzin: Made a motion to dispense with the readings and
approve the minutes for the Special Town Board Meeting of May 9, 2007,
Town Board Work Meeting of May 9, 2007 and the Town with a second by
Supervisor Wolfgram.
Discussion:
Supervisor Wolfgram: “At the work meeting page 2 at the top, it says
“clarifications of billing for paratech,” I believe that there should
be something in there that I brought that to the board’s attention. I
just kind of starts out, I think there is a line missing there, cause
then it goes on that I know where, it never specifically says my name.
And then down farther to the next paragraph 1/3 way down on that page.
The consensus of the fire committee had a meeting that that should be
paid. It should say that it should be paid.”
Motion carried unanimously
Town Board Reports:
a. Treasurer’s Monthly Report - None
Chair Polzin made a motion to accept the Treasurer’s report as
written and place it on file in Town Hall.
b. Finance Committee recommendation regarding payment of monthly
bills.
Starting with check number and ending with what check number?
48533-48584
Chair Polzin made a motion that we authorize, we make a payment with
checks for 48533-48584 second by Herb Sessner, no discussion motion
carried unanimously
c. Committee Reports
On file with Clerk
Old Business:
New Business:
a.Discussion/possible action on recommendation of the Administrative
Committee to approve Liquor License for Chuck Marsala of Scoops Place
on Hwy O formerly Pat’s Place as of July 1, 2007
Chair Polzin: Made a motion to grant the license for Scoops Place
formerly Pat’s place for July1, 2007. They are not to be issued until
the old license be turned in, second by Supervisor Wolfgram discussion
none motion carried unanimously.
b.Discussion/possible action on recommendation of the Administrative
Committee to approve Renewal License for Mahendra Patel of Maxi One
Shell Station.
Motion by Supervisor Sessner to approve second by Supervisor Jones.
Attorney Wassel: “Is this a Class A license?”
Clerk Bernsteen: “Yes, this is a renewal for 2007/2008.”
Attorney Wassel: “Just out of curiosity we normally do all license
at one time.”
Clerk Bernsteen: “I had asked at the Admin committee and they said
to do it this way. I will hold the rest until they all come in.”
Supervisor Jones: “I have a comment, they have a tendency to set
their cigarette for sale sign close to the road, that obstructs vision
for people pulling out on the highway 50, and some how they should be
told to keep that sign back because it is difficult enough to get out
onto 50 with out having to look around the sign.”
Chair Polzin: “I think that would come another item with that or
just notify the police department so that they enforce it.”
Darrin Wisinski: “I can be sure that, that will be recommended to
the owner and resolved.”
Chair Polzin: “Which does not have any bearing on the license, is
what I was trying to get across.” Motion carried unanimously
c.Discussion/possible action on recommendation of the Administration
Committee to make a policy change for part time or part time on call
employees not to exceed 590 hours of time or 990 hours for those
employees who are getting pension benefits.
Chair Polzin: Read memo from chief (On File)
Chair Polzin: Made a motion to notify department heads of new
procedure, second by Supervisor Wolfgram.
Discussion:
Attorney Wassel: “This should be incorporated in hand book manual
and should be extended to fire department, which it not single out any
employees.”
Chair Polzin: “It includes Police, Fire/Rescue, Highway departments,
all departments not just one, I understand it can be controlled by
department.”
Second rescinded, motion amended, and ads on that this replaces in
the town employee hand book and this is included in part of that, so
when they get the manual this is part of that manual; but I want it to
go out to all department heads in writing in letter form. Supervisor
Wolfgram seconded, motion carried unanimously.
Chairman Polzin: “Thanks Chief, it is something that he brought to
our attention that we appreciated and it is something we should take
care of.”
d.Discussion/possible action on recommendation of the Fire and Rescue
to pay bill for paratech.
Supervisor Sessner: “I have talked to Jim and it has all been
settled, right.”
Supervisor Wolfgram: “They just wanted an explanation of.”
Supervisor Sessner: “What in essence it says it is that we charge
for a call, and then when we receive the funds EMS billing service
takes an 8% charge for their paper work and so forth. Paratech is
part of their company, so the thing is why we should pay 8% because we
pay Paratech about 50% of what we collect anyways, so why pay them 8%.
And that was settled right?”
Supervisor Wolfgram: “That is the consensus of the committee, when I
mentioned that at the work meeting. That we were all in agreement with
that, and the fire chief was and the rescue captain and I reiterated
that here.
Chair Polzin, in other words, we have to pay that 8% and that is what
this is on the agenda for is paying that 8% is that correct?”
Supervisor Sessner: “Yes”
Chair Polzin: “I thought you know from the past but I was not sure,
and I was not sure and would rather be accurate on it. Jim, being you
are the head of that committee would you care to make the motion?”
Attorney Wassel: “My concern before you put in the form of a motion,
my concern is maybe what we have done in the past, and Mr. chairman
you are lucky to have your former Treasurer here, she might be able
to, I just don’t want to have something put us in peril for the last
five years or so. So could you ask Shari what we have done in the
past?”
Shari Wisnewski: “What you are doing is paying EMS 8%. Paratech is
50 % of any calls that they respond to, Not 50% of everything you
collect. So on those calls that Paratech responds to we pay 8%
plus50% to Paratech, so you eventually end up with 42% on those
calls.”
Attorney Wassel: “Is that how we have been paying them in the
past.”
Shari Wisnewski: “We have not paid, this is the first time we have
received a bill just before I left office and we sent it to the rescue
chief to see, because none of us were really sure at that point what
to do.”
Supervisor Sessner: “Also, we are going to talk to Tom Nordelli on
that, just to clarify everything.”
Shari Wisnewski: “I had called them.”
Supervisor Sessner: “It is not in the agreement.”
Attorney Wassel: “I just didn’t want to put us at risk for the last
few years we have been using them.”
Supervisor Sessner: “We have just started. I would make a
recommendation so you do not have a problem with EMS, since they are
doing such a good job with us, let’s just pay them and we meet Tom
Nordelli at the next meeting lets sit down and go over it.”
Motion made by Supervisor Sessner to pay the bill, second Supervisor
Wolfgram motion carried unanimously.
e.Discussion/possible action on recommendation of the Lake committee
to have electric gate for damn fixed by Dohrner, at a cost of
$3000-$5000.
Supervisor Wolfgram: “I received the quote form Dohrner from Everett
Russell and the total is $1395.00. The quote is valid for 30 days.”
Supervisor Wolfgram made a motion to accept Dohrner quote and make
the necessary repairs on the damn, second by supervisor Jones. Motion
carried unanimously.
f.Discussion/possible action regarding Petition for Variance for
Thomas and Angela Good to build a two car garage. Property located at
6045 Bailey Road. Tax Key FA102200001
Supervisor Jones: Made a motion to recommend to the county that the
variance as regards to the allowable square footage of accessory
buildings be waived due to special circumstances. There is a large
barn and so forth.
Chairman Polzin: “The recommendation is that we are approving the
variance that he requested.”
Chair Polzin: Second motion, motion carried unanimously.
g.Discussion/possible action regarding Request for a Rezone from B-1
to B-2 and a Conditional Use permit for creation of an outdoor area
for consumption of food and beverages at the End Zone Bar & Grill /
Jon Kasnick. Property located at 4112 Blue Gill Road. Tax Key
FD3200032 and FD3200033.
Super visor Jones: “Property at the presently consist of two lots,
one being zoned b1 and b2 and it is too our advantage to clean up and
both fall under one classification. The planning commission would
recommend to the county or town board that the lot that is presently
zoned B1, be rezoned to B2.” Motion second by Chair Polzin.
Chair Polzin: “Everyone understands what Frank had explained?”
Motion carried unanimously.
Supervisor Jones: “The second part is a conditional use application
the person wants to have an outside food and beverage consumption
area. He has plans to fully enclose it with a roof and screening. It
appears to be satisfactory, we have placed several conditions, I do
not have a list of those conditions right now, but I would make a
motion that we recommend to the county to approve with the
conditions.”
Chair Polzin: “Some of the conditions are to …”
Attorney Wassel: “We should get those verbatim for the county.”
Supervisor Sessner: “One was we would not allow speakers or music,
on the patio, no strong lights, at 9PM it is closed.”
Chair Polzin: “The lights would have to be a shaded type of light,
which would direct the light down.” Motion second by Chair Polzin
motion carried unanimously
h.Discussion/possible action on recommendation of the Public Works
Committee to appoint a fence viewer for fence dispute.
Chair man Polzin: “Dispute has been settled, the fence has been
done, but by state statue there has to be 2 people that have to view
the fence. At this time I am going to ask if supervisor Jones would
accept the appointment as a fence viewer with me. I am one of the
viewers and we would have to go out tomorrow and view that fence, and
then sign off that we have view the fence it is done, so I take it out
of our hands, and the whole thing is settled. So with that I would
make a motion then to appoint Supervisor Jones as a fence viewer.”
Supervisor Jones: “We don’t have to sit on the thing?”
Motion second by Supervisor Wolfgram, Motion carried unanimously
i.Discussion/possible action on recommendation of the Public Works
Committee to sign service agreement for 2007 road work so Engineer can
draw up plans.
Chair Polzin: “We would like to get this done, it was approved at
the public works committee, if we wait on this any longer it is going
to be tough to get our road work done. We need to get our bids out
and decide what we can afford and what we can’t afford.” Chairman
Polzin made a motion to sign service agreement for the 2007 road work,
so the engineer can draw up the plans, second by Supervisor Sessner.
Discussion:
Supervisor Jones: “I would like to know what it is.”
Mark Kolczaski: “I can take you through that quickly. Mr. Polzin
said we had a meeting last week where the public works committee
meeting decided which roads to put out to bid this year and we are
looking at Hillcrest Drive, Green Meadow Drive, Mound Road split into
two parts, which will all be for asphalt. The Mound road will just be
a thin overlay and not spend a lot of money on that road, not know
what is going to happen out there. But, knowing it needs some work
done to get you through. We also had a whole list of 8 different
roads for seal coating. What we gave for your consideration is an
engineering service agreement to put together two different bid
packages One for the asphalt work and one for seal coating work, put
that out to bid, and assist the town bidding process and make a
recommendation for award. When we get into construction, we would
administer the contracts for you, process pay requests. Typically the
town in the past has provided the full time inspection out on the road
during constructing and we stop buy from time to time just to make
sure things are going smoothly. What we have before you tonight is
roughly $300,000.00 worth of work that is being put out to bid. It
will be split up into different parts; I know your budget is only
about $200,000.0. If bids come in low enough we can shuffle around to
award certain parts and get the most we can for the budget. For the
entire total for our work, we do it on a time basis not to exceed
$14,100.00.”
Attorney Wassel: “What part of Mound Rd?”
Mark Kolczaski: “Mound from county F to the Inlet Bridge, east of
the bridge on to 67.”
Attorney Wassel: “The reason I ask is that west of that we have an
intergovernmental agreement with the city of Delavan; I just want to
make sure that was known.”
Chair Polzin: “We did discuss that at the Public works committee and
I was informed along with the highway foreman, I met with him
yesterday about getting into a little haul road a little bit and was
with Mr. Yates, and he stated that Amon had said that they are doing
mound road this year. So Mound Rd to as far into the city they are
going with it, I don’t know. I believe it goes from F into Delavan.
We have been paying the City of Delavan $550,000.00 a year and I
believe up to this point we have paid the $50,000.00. We are paying
them to do that road this year and they will be doing it this year
motion made by Chair Polzin to accept.” 2nd Supervisor Wolfgram w
motion carried unanimously
j.Discussion/possible action on recommendation of the Public Works
Committee to re-grade four Roads (Bennet, T-K, Babcock, and Quiet
Lanes) for $1000 by Burdick.
Chair Polzin: “It is a recommendation that we go ahead and allow
them to grade those roads.” That is in the form of a motion, second
by Supervisor Jones.
Discussion:
Attorney Wassel: “Just a reminder to the new members of the board
that these are private roads, they are gravel and when we grade them
the owners ultimately pay the town for that service.”
Chair Polzin: “One thing I will bring up on those roads, I am not
positive on which road it was, but Burdick recommended that we put 6”
(Bennet St) of gravel on it. We do not have the authority to do that,
is not part of the agreement on doing private roads, so if they want
more gravel added to the road, they would have had to have it in by
now. If they want it this year, they will have to pay for grading
again for that road.”
Motion made by Chair Polzin, second by Supervisor Jones, motion
carried
Attorney Wassel: “Mr. Chairman instead of adjourning why don’t we
just call for recess and then adjourn when we are done, done.”
Chair Polzin: “Called for recess, I am going to have to ask you all
to leave, because we are going into closed session for the next part,
we are going into Closed Session under section 19.85 (1) (c) to
consider employment Motion to go into to consider employment,
promotion, compensation or performance evaluation data of any public
employee over which the governmental body has jurisdiction or
exercises responsibility—Administrator”
k.) Motion to go out of Closed Session
Motion made by Supervisor Jones, second by Supervisor Wolfgram,
motion carried unanimously.
Adjournment:
Motion to adjourn closed session by Supervisor Wolfgram, second by
Supervisor Jones and the motion carried unanimously.
Chair Polzin adjourned the meeting at 9:40 P.M.
SUBMITTED BY:
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Dixie Bernsteen, Clerk