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May 20, 2008 May Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF May 20, 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. Pledge of Allegiance Chair Polzin declared all were present. Press: Mike Hoey Audience: Approximately _30_ people Communications: a. Swearing in of Sergeant Anthony Ambach. b. Supervisor Wolfgram stated, “From the Lake Committee, Mary Knipper would like to give a presentation next month on weed species and fish disease (VHS).” Comments and suggestions of citizens present: Larry Malsch 417 First Street, all board members are invited to the Memorial Day celebration. If you have questions or would like to participate please contact George Ballman. Ken Adams 5075 Town Hall Road asked if there were plans for having new address signs. This will be brought up at public works meeting, has been considered before and was costly. John Pelletier 3517 South Shore Drive stated Supervisor Nowak has a file on this, felt that relates more to county, this is an expensive proposition to renumber entire town approximately $150,000in other communities it has been done by special assessment. Larry Malsch stated the numbering system does only effect county, there were only two towns that did not comply with the county and that was Delavan one other. Kathy Adams, 5075 Town Hall Road in one year their property was re-numbered 3 times. Her property would have to have 5 fire numbers and she does not mind paying $25.00 for the signs. James Ballje has lived in the town for 25 years stated his address had changed 3 times in that period. It was decided that this would be talked about at the Public Works and Plan Commission meetings. Approval of Minutes: a. Minutes of Special Town Board Meeting March 31, 2008 b. Minutes of Special Town Board Meeting April 14, 2008 c. Minutes of Town Board Meeting April 21, 2008 d. Minutes of Town Work Meeting May 14, 2008 Supervisor Jones made a motion to dispense with the reading of the minutes and approve the minutes for the Town Board Meetings of March 31, 2008, April 14, 2008, April 21, 2008 and May 14, 2008, second by Supervisor Franzen. Motion carried, with Supervisor Militello abstaining from March 31st meeting minutes. 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 2,654,387.53; Lake Project pending audit expenditures is $604,521.09. Supervisor Militello made a motion to accept the Treasurer’s report as written and place it on file in Town Hall with a second from Supervisor Jones, the motion carried unanimously. Finance Committee Recommendation Regarding Payment of Monthly Bills: Supervisor Militello made a motion to pay monthly bills, check numbers 051820 to 051829, 051892 to 051944, 051951 to 051971, 052000 to 052017, 052033 to 052083, 052149 to 052210 with a second from Supervisor Franzen, the motion carried unanimously. Old Business: a. Discussion/possible action on recommendation of the Fire and Rescue Department to set clear what the Department of Commerce has stated about the duties and responsibilities of the Fire Chief. Chair Polzin stated he, never order the Chief could not inspect the town park building. He stated that any complaints about any department or building be brought directly to the Town Administrator or to the Town Board. Equipment can only be kept in the building when it is not in use by the public; all gas cans have to be visible in case of fire and are not to be stored under stair well. The gas cans also need to be removed for any type of public function at the park. Chief Edwards Salary is $12,500. Chief Edwards has his own personal cell phone. Fire inspections are done by Sandy Walter or Chief Edwards and are completed at least once a year sometimes twice. Records are kept within the Fire Department. Chair Polzin did not know why the board was not informed of fire inspection violations. Chief Edwards stated if there are township buildings not in compliance, the town is notified of the violation(s). Chair Polzin asked if there have been any inspections for places over capacity, when establishments have events. Chair Polzin wondered who is responsible for checking to see if establishments are over capacity. Chief Edwards was never told that he would have to inspect for over capacity. Chair Polzin had asked for copies of all fire calls made, but has not received. Chair Polzin stated that no one had told Chief Edwards not to inspect any building in the Town of Delavan. Chief Edwards stated, Chair Polzin certainly said it. Chair Polzin refuted the allegation, and stated that Chief Edwards could not give orders to the employees of the town or the manager of the park. That is what the Administrator is for. Chair Polzin stated that is why Chief Edwards had the State Commerce come down, because Chair Polzin told Chief Edwards he could not do it, and that is an out right lie. Chair Polzin stated Chief Edwards was given an order not to give orders to the employee’s and park manager. Chair Polzin said the Park Manager stated he was given an order from Chief Edwards that he could not keep any lawn mowers and gas cans at the park. Chair Polzin stated when confronting Chief Edwards about the problem; it was stated that he had stored gas cans in the storage room. Chair Polzin did agree with Chief Edwards that having gas cans in the storage room was a danger and is illegal. Chair Polzin felt that the State Commerce that came was given false information by Chief Edwards. Chair Polzin would have rather worked something else out so he could have been here when the State of Commerce came. Chief Edwards could have gotten the correct information for the State of Commerce. Chair Polzin stated, Chief Lester was given the title of Rescue Chief by the Town Board, once again he felt Chief Edwards made a false story and gotten people excited. Chair Polzin would have loved to meet with the State Commerce and worked it out. What the law says and in the eyes of the people, Chief Lester is the Chief of the Rescue Squad. Chair Polzin stated if Chief Edwards wants to go by the title that he is the Chief of Rescue by law FINE. Chief Lester deserves to be called the Chief of the Rescue Squad by the people; he has worked hard for it. Chief Edwards did not disagree and stated that he had made Larry Lester Chief of the Rescue Squad a long time ago. Chair Polzin wondered why it is always said that Chief Edwards is the Chief. Chief Edwards stated that it was due to Chair Polzin stating that Chief Edwards would no longer have anything to say over the Rescue Squad. Chair Polzin refuted the allegation. Supervisor Militello asked if there was something to act on. Chair Polzin state there was nothing to act on. Supervisor Militello stated the State Commerce stated it was under an umbrella and Chief Edwards is in charge of all of it. Chair Polzin stated he did not deny that. Supervisor Militello stated that was not the motion made in March. Chair Polzin stated the motion gave Larry Lester the title of Chief of the Rescue Squad, as far as state statute they can follow state statute and still in the eyes of the people Larry Lester is Chief of Rescue. Supervisor Militello stated Chief Edwards is Chief of the entire Fire and Rescue Department according to the statute, but that is not what the Town Board said at the March meeting. Chair Polzin disagreed and stated the Town Board did not change anything. It was not changed by Town Board other than giving Larry Lester title of Rescue Chief. Supervisor Militello state there was a motion made to make him chief. Clerk Bernsteen stated that he already had that title and her understanding is that the Town Board does not have the right to make him Chief that is the Fire Chief’s responsibility. The Board doesn’t have any responsibility because the Fire Department is under the Police and Fire Commission. Chair Polzin stated all the board did was gave him the title, it does not change. Supervisor Militello stated the responsibilities you made changes to what Larry Lester was to be doing. Chair Polzin disagreed and stated if you want to get out the minutes, that is fine, but nothing on that order was said or done. All you have here are the department duties and responsibilities of the fire chief, they have it and they know what it is. The motion was made and there is nothing on here to change it, so it will stay this way until it is put on the agenda for the proper motion. New Business: Chair Polzin made a motion to deviate to items k and l and then back to the beginning of the agenda with a second by Supervisor Jones; motion carried unanimously. a. Discussion/possible action on recommendation of the Plan Commission to approve the Certified Survey Map for Jeffery and Jonathan Reed, owners of Tax Parcel No. FD2400002, and Jonathan and Kimberly Reed, owners of Tax Parcel FD2400002A, so the properties will finally be legalized and the traditional intent use of buildings located on the two properties and would be permitted to continue. Chair Polzin made a motion to approve the Certified Survey Map for Jeffery and Jonathan Reed, owners of Tax Parcel No. FD2400002, and Jonathan and Kimberly Reed, owners of Tax Parcel FD2400002A; with a second by Supervisor Jones, motion carried unanimously. b. Discussion/possible action on recommendation of the Plan Commission to approve Alliant Energy and Wisconsin Power &Light Company’s for a conditional use permit for a 100’ telecommunications monopole and an amendment to an existing conditional use permit to allow other modifications to the substation two set back variances for expansion at the Bristol substation located at 6396 Mound Road, Tax Key No. FD900008A. Supervisor Jones made a motion to approve Alliant Energy and Wisconsin Power & Light Company’s for a conditional use permit for a 100’ telecommunications monopole and an amendment to an existing conditional use permit to allow other modifications to the substation’s two setback variances for expansion at the Bristol substation located at 6396 Mound Road, Tax Key No. FD900008A with a second by Supervisor Jones, motion carried unanimously. c. Discussion/possible action on recommendation of the Plan Commission to approve Certified Survey Map for Town of Delavan, owner of Tax parcel Nos. FA195000001 and FD2300005A located at 5621 Town Hall Road to enable the building of the Salt Shed and Garage. Chair Polzin made a motion to approve the Certified Survey Map for the Town of Delavan, owner of Tax parcel Nos. FA195000001 and FD2300005A located at 5621 Town Hall Road to enable the building of the Salt Shed and Garage, with a second by Supervisor Jones, motion carried unanimously. d. Discussion/possible action on recommendation of the Plan Commission to approve PDI as the Town Planner for updating the land use map/plan in cooperation with Walworth County as part of the Town’s Smart Growth Plan. Chair Polzin made a motion to approve PDI as the Town Planner for updating the land use map/plan in cooperation with Walworth County as part of the Town’s Smart Growth Plan with a second by Supervisor Jones, motion carried unanimously. e. Discussion/possible action on recommendation of the Plan Commission to retain Dave Rasmussen as the Plan Commission Attorney. Chair Polzin made a motion to approve Dave Rasmussen as the Plan Commission Attorney with a second by Supervisor Wolfgram motion carried unanimously.. f. Discussion/possible action to approve the proposed Tax Parcel # FD2500011 into the sanitary district. Property owned by James & Karen Ballje, located at 3176 Theatre Road. Supervisor Jones made a motion to approve the proposed Tax Parcel # FD2500011 into the sanitary district with a second by Supervisor Militello, motion carried unanimously. g. Discussion/possible action on recommendation of the Fire and Rescue to appoint Herb Sessner to the Fire Committee and on recommendation of Chair Polzin to also appoint Mr. Sessner to the Finance Committee. Chair Polzin made a motion to appoint Herb Sessner to the Fire Committee and on recommendation of Chair Polzin to also appoint Mr. Sessner to the Finance Committee with a second by Supervisor Jones, motion carried unanimously. h. Discussion/possible action on the employment contract for Lieutenant (Scott Stefanczyk). Supervisor Wolfgram made a motion to approve the contract for Lieutenant (Scott Stefanczyk) with a second by Supervisor Franzen, motion carried unanimously. i. Discussion/possible action on recommendation of the board to approve the 2008-2010 Police contracts. Supervisor Jones made a motion to approve the 2008-2010 Police contracts with a second by Supervisor Franzen, motion carried unanimously. j. Discussion/possible action on recommendation of the Public Works Committee to evaluate the mezzanine proposal from C & H Distributor and approve. Supervisor Militello made a motion to approve the mezzanine proposal from C& H Distributor with a second by Supervisor Franzen, motion carried unanimously. k. Discussion/possible action on recommendation of the Public Works to approve the engineering service agreements for the roads. Chair Polzin stated, the town meeting is being held May 28th at the town park. The board would like to take part of the $1,130,000 surplus and use $300,000 towards the repair of all the roads including the inlet. Citizen need to know that once that money is gone it is gone forever. The Town board found out later that it takes a Town Meeting to spend the $300,000 from surplus. This will leave approximately $800,000 in reserve. John Pelletier thought this was approved by the people at the Town Annual Meeting. Chair Polzin made a motion to approve the recommendation of the public works that the road work planned on being done providing the town meeting approves the extra $300,000, with a second by Supervisor Militello. Supervisor Wolfgram opposed stating that it should do in house with our own road crew. Back in 2004-05 it was stated that we hire someone and get the crew up to speed to do this in house. Motion carried 4-1 with Supervisor Wolfgram opposing. l. Discussion/possible action on recommendation of the Town Chair to reimburse 07 taxes to Carol Dahl for error between Walworth County and National Appraisal. The Dahl property is zoned residential and should be agriculture. The cost should be $6 for 2 acres and she was charged $1100. Assessor Munson state the refund process is not simple, and the town can charge back to authorities, schools etc. This process cannot be done until October. Munson’s suggestion was for the Town to refund the money and do the paper work and wait for a decision. Supervisor Militello made a motion to approve the refund of $1,140.83 and do paperwork in October with a second by Supervisor Jones, motion carried unanimously. m. Discussion/possible action on recommendation of the Chief of Police to create an ordinance to ticket unpaid parked vehicles that have not paid the boat launch fee. Chair Polzin made a motion to table the creation of an ordinance to ticket unpaid parked vehicles that have not paid the boat launch fee with a second by Supervisor Militello, motion carried unanimously. n. Discussion/possible action on recommendation of the Town Administrator to create a raze order for two properties in the town that are hazardous and a nuisance. i. Property at 2520 Manor Lane owned by Kathleen and William Regan; house needs to be torn down. Chair Polzin made a motion to create a raze order for the property at 2520 Manor Lane owned by Kathleen and William Regan, with a second by Supervisor Wolfgram, motion carried unanimously. ii. Property at 2901 Cochrane Street owned by John Funovits; previous demolition needs to be completed. Chair Polzin made a motion to create raze order for the property at 2901 Cochrane Street owned by John Funovits, with a second by Supervisor Militello, motion carried unanimously. Adjournment Supervisor Jones made a motion to adjourn the meeting with a second from Supervisor Franzen, motion carried unanimously. Chair Polzin adjourned the meeting at 7:20 P.M. Prepared and submitted by: ______________________________________ Dixie Bernsteen, Town Clerk