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October 21, 2008 Town Board Meeting
MINUTES OF OCTOBER 21, 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 stated all town board members were present and there is
a quorum for doing business.
Chair Polzin introduced John Pelletier and Gail Swaine of DLSD
Press: Mike Hoey
Audience: Approximately _35_ people
Communications: Treasurer Morelli stated that Trick or Treat will be
from 1PM-3PM on October 26, 2008 followed by the children’s party from
3PM – 6PM at the Community Center. Chair Polzin read an anonymous
e-mail stating that local kids were being charged to fish at park copy
of e-mail on file. Chair Polzin replied stating that residents and
children are not charged as long as they prove that they are a
resident of the town.
Comments and suggestions of citizens present:
Karen Gillingham 2810 County O S issue with peeping tom and he/she
being in their house. Their subdivision would like to see equipment
bought to catch the peeping tom with an infra red equipment, dog or
money put into the budget to help with this problem. Chair Polzin
stated that he could not comment on this due to it being an open case
and did not want to scare this person off by discussing it. Diane
Eagon 2834 County O S person felt that she understood that the
historical society budget is important, but being unsafe if not
protected should come before the history of the community. Chair
Polzin stated the community has the on going attention of the police
department that there are on going things being done. A police dog is
expensive and there is no one trained in that field on the police
department, and the infra-red there are other police departments that
we have a working agreement with that we could check into borrowing
it. Diane Eagon also stated it would take 45 minutes of more to get
equipment. Mark Zugay 7978 Windmill Way what is the retainer on
police for the Town of Delavan? Attorney Wassel could not answer the
question. Chair Polzin referred Mr. Zugay to contact the clerk to
request an open records request for this information. Attorney Wassel
stated deductibles are not going to become a liability unless in the
opinion of the CPA auditing it knows that it is going to be a
liability. There is only one claim against the town right now and
that has been in the news papers and that matter is being handled by
the insurance company. Jeff Hartman 2937 Sun Meadow Court stated that
they are not here to question or come down on the board only to make
the board aware of what is going on, had a list of incidences but felt
were not all on the list (on file). Jake Dobratz 793 Summit Drive
thanked the board for letting him speak. His concerns were for safety
and felt there was a history of problem would like more monies to by
equipment to keep community safe and allocate monies to police
department for their need and would like to have a meeting with police
department to reallocate monies. Herb Sessner 2904 Sun Meadow asked
why this was not communicated to citizens in area. Chief Smith said
he probably dropped the ball in communicating this to the public.
Laura Patterson 7966 Windmill asked since the board has approved the
budget, to explain how the budget process works as of now. Chair
Polzin stated that you vote on levy and road expenditures… Attorney
Wassel explained that the town prepares a proposed budget of revenue
and expenses, the are put together to see if there is or is not a
shortfall of monies, if there is a short fall (levy) that is what they
town is going to tax the property owners in the Town of Delavan. At
the Budget hearing the public votes on to approve the Highway
Expenditures and Levy. If property owners want the levy to be a
certain amount (high or lower) the tax payer can authorize this.
Kathy Adams 5075 Town Hall Road asking for clarification; even if
increasing the levy it does not necessarily go there, but where the
board decides to put it. Chair Polzin stated yes. The water problem
in the inlet why was that addressed before all the roads were done;
are you going to have to dig up these roads to solve the water
problem? Chair Polzin stated no, he did not believe so. Unknown
stated that ff equipment can not be obtained do not deny overtime.
Karen Gillingham stated that the reason they were concerned is that
this never got communicated to the newspapers and that it should be
standard protocol.
Approval of Minutes:
a. Town Board Minutes of Sepember 16, 2008 and Work Meeting October
15, 2008
Supervisor Militello made a motion to dispense with the reading of
the minutes of September 16 and October 15 and approve the minutes
with a second by Supervisor Franzen. Motion carried with the
exception of Supervisor Franzen abstained from voting on the October
15 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 $2,648,416.29; Lake Project pending audit expenditures is
$646,368.64.
Supervisor Militello made a motion to receive the Treasurer’s report
as written and receive the report on file in Town Hall with a second
from Supervisor Wolfgram.
Finance Committee Recommendation Regarding Payment of Monthly Bills:
Supervisor Militello made a motion to pay monthly bills, check
numbers Numbers 052508 to 052516, 052548 to 052584, 052589 to 052593,
052629 to 052637, 052650 to 052659, 052696 to 052741 and ACH checks
(888888) with a second from Supervisor Franzen the motion carried
unanimously.
Old Business:
NONE
New Business:
a. Discussion/possible action on the recommendation of the Public
Works Committee to deny the request to relocate the dam easement off
Blue Heron Drive Chair Polzin made a motion to deny the request to
relocate the dam easement off Blue Heron Drive with a second by Barb
Militello motion carried unanimously.
b. Discussion/possible action on the recommendation of the
Administrative Committee to approve poll worker list.
Chair Polzin made a motion to approve poll worker list with a second
by Supervisor Jones motion carried unanimously.
c. Discussion/possible action on the recommendation of the Town Chair
to change the Salt Shed/Police Garage roof from metal to asphalt a
saving of $18,000.
Chair Polzin made a motion to change the Salt Shed/Police Garage roof
from metal to asphalt a saving of $18,000 with a second by Supervisor
Militello motion carried unanimously.
d. Discussion/possible action on the recommendation of the Fire and
Rescue Committee to allow Chris Kristalidis go over the 1000 hours, to
keep him employed by the town.
Chair Polzin made a motion to allow Chris Kristalidis go over the
1000 hours, to keep him employed by the town with a second by
Supervisor Wolfgram motion carried unanimously.
e. Discussion/possible action on recommendation of the Lake Committee
to deny change order for stone at the South Shore Manor swale.
Supervisor Wolfgram made a motion to deny change order for stone at
the South Shore Manor swale with a second by Supervisor Militello
motion carried unanimously.
f. Discussion/possible action on recommendation of the Police and
Water Safety to order the new police squad scheduled for delivery in
January.
Chair Polzin made a motion to order the new police squad scheduled
for delivery in January with a second by Supervisor Franzen
unanimously.
g. Discussion/possible action on recommendation of the Annual Meeting
to change the ordinance for Municipal Judge from a 2 year term to a 4
year term.
Supervisor Militello made a motion to dispense with first reading of
Ordinance #290 and pass to the second reading with a second by Chair
Polzin motion carried unanimously. Supervisor Militello made a motion
to dispense with the second reading of Ordinance #290 to approve
Municipal Judge from a 2 year term to a 4 year term and adopt as
published with a second by Chair Polzin, motion carried unanimously.
h. Discussion/possible on recommendation of the Public Works
Committee action to accept the raze order bid from Odling construction
for the property at 2901 Cochrane St.
Chair Polzin made a motion to accept the raze order bid from Odling
construction for the property at 2901 Cochrane St with a second by
Supervisor Wolfgram motion carried unanimously.
i. Discussion/possible action on the proposal from Patrick Romenesko
to prepare the 2008 Audited Financial Statements at a cost of
$16,000.
Supervisor Militello made a motion to approve from Patrick Romenesko
to prepare the 2008 Audited Financial Statements at a cost of $16,000
with second by Supervisor Wolfgram motion carried unanimously.
j. Discussion/possible action to request a letter to be drafted and
sent to the Village of Williams Bay expressing a desire to begin
negotiation of a boundary agreement.
Supervisor Jones made a motion to draft a letter to be sent to the
Village of Williams Bay expressing a desire to begin negotiations of a
boundary agreement with a second by Supervisor Franzen motion carried
unanimously.
k. Discussion/possible action on protection of the new paved surface
of Mound Rd.
Chair Polzin made a motion go ahead and plan to preserve Mound Road
with a second by Supervisor Jones. Attorney Wassel stated Highway
Foreman can adjust weigh limit by approval of the board. It was
suggested to get an opinion from Baxter Woodman to see if it could me
more restrictive than Class B Limit. Supervisor Jones withdrew his
second and motion and Chair Polzin withdrew the motion and it was
rescinded. Chair Polzin made a motion to give authority given to
Administrator Olson to contact Baxter Woodman for more information
with a second by Supervisor Jones, motion carried unanimously.
l. Discussion/possible action on the deeds to assist with the
transfer of property (Bay Rd.) owned by Bay Lane Corporation to the
Northwestern University Settlement Association.
Chair Polzin made a motion to table until next months meeting with a
second by Supervisor Wolfgram motion carried unanimously.
m. Discussion/possible action on the resignation of Roberta Cummings
from the Police and Water Safety Committee
Chair Polzin made a motion to accept the resignation (on file) of
Roberta Cummings from the Police and Water Safety Committee with a
second by Supervisor Franzen motion carried unanimously.
n. Discussion/possible action on the appointment of Mark Samuelson to
the Police and Water Safety Committee
Chair Polzin made a motion to appoint Mark Samuelson to Police and
Water Safety Committee with a by second Supervisor Franzen motion
carried unanimously.
o. Discussion/possible action on the recommendation of the Town Chair
to have the Fire Department relinquish the keys for the buildings to
the Police and Highway Departments
Chair Polzin made a motion to have the Fire Department relinquish the
keys for the buildings to the Police and Highway Departments with a
second by Supervisor Jones motion carried 3-2; Supervisor’s Wolfgram
and Militello opposing. Chair Polzin requested after the motion to
have the keys turned in within 48 hours.
p. Convene into Closed Session per WI Stat 19.85 (1)(c) for the
purpose of considering employment, promotion, compensation or
performance evaluation data of an employee. Topic: Fire Department
Personnel
Chair Polzin made a motion to recess until Monday October 27 at 5PM
with a second by Supervisor Jones motion carried unanimously.
Board resumed into closed session at 5:00pm on Monday October 27th at
5:00pm. Chair Polzin stated all board members were present. Chair
Polzin made a motion to come out of recess with a second by Supervisor
Jones motion carried unanimously. Supervisor Jones made a motion to
go out of closed session with a second by Chair Polzin, motion carried
unanimously.
q. Reconvene into Open Session
Adjournment
Chair Polzin made a motion to adjourn the meeting with a second from
Supervisor Jones the motion carried unanimously.
Chair Polzin adjourned the meeting at 6:30pm Monday October 27, 2008
Prepared and submitted by:
______________________________________
Dixie Bernsteen, Town Clerk



















