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October 20, 2009 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF October 20, 2009 The regular monthly meeting of the Town of Delavan Town Board was held at Town Hall after due notice had been posted. Chair Burwell called the meeting to order at 7:00 p.m. Pledge of Allegiance PRESENT: Chair, Dorothy Burwell Supervisor, Frank Jones Supervisor, Barb Militello Supervisor, Herb Sessner Supervisor, Ryan Simons Chair Burwell stated that a quorum was present for doing business Press: Mike Hoey Audience: Approximately _10_ people Approval of the Agenda Supervisor Jones made a motion to approve the agenda with a second by Supervisor Simons motion carried. Approval of Minutes: a. Town Board Meeting September 15, 2009 b. Special Public Hearing September 23, 2009 c. Special Town Board Meeting September 23, 2009 d. Special Town Board Meeting September 24, 2009 e. Special Town Board Meeting October 14, 2009 f. COW Meeting October 14, 2009 g. Special Town Board Meeting October 15, 2009 Supervisor Militello made a motion to approve all the minutes printed on the agenda with a second by Supervisor Sessner; motion carried. Supervisors Militello abstained from October 15 minutes and Supervisor Simons abstained from October 15 and September 23 minutes. Communications: NONE Comments and suggestions of citizens present regarding items on the agenda: NONE Town Board Reports: All committee and Town Reports are on file in the Town Hall Office. a. Treasurer’s Monthly Report Treasurer Duchemin stated that in the General Funds Account there is $2,397,946.26 and in the other Lake Project Funds there is $176,753.69. Supervisor Militello made a motion to receive the report and place it on file with a second by Supervisor Simons, motion carried. b. Finance Committee recommendation regarding payment of monthly bills check Numbers 057573 to 057612, 057644 to 057671, 057739 to 057845. Supervisor Militello made a motion to approve payment of all bills with the check numbers listed on the agenda with a second by Supervisor Simons; motion carried. Old Business: None New Business: a. Discussion/possible action on the installation of culverts at Channel Dr. and Poplar in the Delavan Highlands (Odling-$6,900, Siegler-$6,600) Chair Burwell made a motion to approve Siegler bid of $6,600 with a second by Supervisor Militello. Supervisor Jones asked if it was in the budget, Supervisor Militello stated the funds are coming from the storm water maintenance account, motion carried. b. Discussion/possible action on the purchase of tractor and lawn mower from Equipment Replacement Funds. (Recommended lawnmower from Johnson Tractor: Kubota ZD326 for $8,500 w/trade-in and tractor from Johnson Tractor: Case-IH Farmall 90 for $28,393 w/trade-in. Chair Burwell stated that he highway crew has tested and recommend that the board go with the Tractor: Kubota ZD326 for $8,500 w/trade-in and tractor from Johnson Tractor: Case-IH Farmall 90 for $28,393 w/trade-in. Chair Burwell made the motion to approve the tractor and lawn mower as stated on the agenda second by Supervisor Sessner. Supervisor Jones asked if it was in the budget, Supervisor Militello stated yes $50,000 in equipment capitol, motion carried. c. Discussion/possible action on Park Fee Increases effective for 2010. Supervisor Sessner made motion to approve park increase fees for 2010 Shelter Rentals from $30 to $40 Center Rentals-Guest from less than 100 $250 to $275 100-199 $350 to $375 200- plus $450 to $475 Police Supervision from $30 to $45 per Chief of Police request 3 Hour Center Rental $50 to $75 With a second by Supervisor Simons, Supervisor Militello stated that she understood we are looking for increases in our budget however this will only bring in about $800 minus sales taxes and contractor. See that we have asked everyone to make sacrifices due to budget cuts she did not feel we could increase. Supervisor Sessner stated the contractor has not had an increase in 4 years. Motion carried 4-1 with Supervisor Militello opposing. d. Discussion/possible action on the application by Don Schultz, 5576 Hwy. 50 (FCVP 00017 & 00018) for a Conditional Use Permit for a new auto repair business. Supervisor Jones made motion on recommendation of the Plan Commission to approve the application by Don Schultz, 5576 Hwy. 50 (FCVP 00017 & 00018) for a Conditional Use Permit for a new auto repair business with several conditions as follows: Limit outdoor overnight parking to 3 vehicles Outdoor lighting must meet Yerkes Observatory standards No outdoor storage and no outdoor displays outside the hours of operation Limit of 1 outdoor lighted sign on the building Hours of operation allowed between 6:00AM and 6:0PM. Chair Burwell made a second to the motion. Supervisor Militello concerned with exhaust and fire restrictions. Supervisor Jones stated the building is governed by builder a standard which requires fire proof partition and the state would enforce that. Supervisor Sessner stated that in his request he asked for hours from 7AM-5:30PM. Supervisor Jones the Plan Commission set that at 6AM-6PM, motion carried 4-1 with Supervisor Militello opposing. e. Discussion/possible action on the application of Janet Rasmussen-Turner, 2939 South Shore Dr. (FMT1 00008) for a variance to allow construction of a new 3 car detached garage. Supervisor Jones made a motion on recommendation of the Plan Commission to approve the application of Janet Rasmussen-Turner, 2939 South Shore Dr. (FMT1 00008) for a variance to allow construction of a new 3 car detached garage second by Chair Burwell. Chair Burwell stated that if the board approves it a letter to county advises the county that we understand that she may not be able to prove her hardship to the county and we had advised her to seek a different alternative. Supervisor Simons stated one of the key features is proving a hardship and it was his interpretation that it was not proven, there are substantial buildings on property, motion carried 4-1 with Supervisor Simons opposing. f. Discussion/possible action on Resolution #10-2009 regulating off-road vehicles. Chair Burwell stated this has been before the police committee and the language has been cleaned up, to comply with the State law. It is much easier to read and understand. Chair Burwell made a motion to dispense with the first reading of Resolution #10-2009 and move to the second reading with a second by Supervisor Militello, motion carried. Chair Burwell made a motion to dispense with the 2nd reading and approve Resolution #10-2009 with a second by Supervisor Militello, motion carried. g. Discussion/possible action on the Intergovernmental Cooperation Council Agreement . Supervisor Jones made a motion to approve the signing of the Intergovernmental Cooperation Council Agreement with a second by Supervisor Sessner, motion carried. h. Discussion/possible action on the 2010 Budget request by the Delavan Historical Society. Supervisor Militello stated that last year $7,000 was granted and this year $5,000 was asked for the Administrative Committee recommended to give them $1,000. Supervisor Militello made a motion to give them $1,000 with a second by Supervisor Sessner. Supervisor Jones feels due to the budget for 2010 is opposed. Supervisor Militello said the money comes from tourism and does not affect the budget motion carried 3-2 with Supervisor Jones and Supervisor Simons opposing. Comments and Suggestions of Citizens Present Don Holst stated a letter was received from DNR they have agreed to grant to have the work done by our engineer. Supervisor Jones asking for adjustment of slope of boundary is it going to create problems. Don Holst stated no. Supervisor Sessner asked if we can comply with all requests, Don Holst stated they were minor things and yes we will be in compliance. Supervisor Jones asked if he could summarize where the money is coming from. Don Holst stated that there is some in the Lake account ($176,753.69), some from the City of Delavan ($120,000), with an approximate cost of $800,000; the remainder would have to be financed. Hopefully we will have figures by November to start the project. Adjournment Supervisor Jones made a motion to adjourn the meeting with a second by Supervisor Simons, motion carried. Chair Burwell adjourned the meeting at 7:25 PM. Prepared and submitted by: Dixie Bernsteen, Town Clerk