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September 16, 2008 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF
September 16, 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 Assessor Keith Munson, and Gail Swaine and Ed
Brien from the Sanitary District.
Press: Matt Schwenke
Audience: Approximately _11_ people
Comments and suggestions of citizens present:
Ed Brien stated the connection fee of $1800 for hooking the Salt
Shed/Police Garage into sanitary district has been waived by the
committee, but the WALCOMET would still have to be paid. Chair Polzin
advised to send thank you letter.
Supervisor Wolfgram culvert in South Shore Manor Mark Weitherling had
concerns.
Approval of Minutes:
a. Town Board Minutes of August 19, 2008 and Work Meeting September
10, 2008
Supervisor Militello made a motion to dispense with the reading of
the minutes of August 19 and September 10 and approve the minutes with
a second by Supervisor Jones. Supervisor Wolfgram had one correction
of item N it should be a Peterbilt Truck. Motion carried unanimously
with the exception of Supervisor Franzen abstained from voting on the
September 10th 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 $3,096,841.71; Lake Project pending audit expenditures is
$645,211.02.
Supervisor Militello made a motion to recieve the Treasurer’s report
as written and recieve it on file in Town Hall with a second from
Supervisor Jones. Supervisor Jones stated that this is the first time
he has seen a detailed budget report and things look good and it is
good to see. The motion carried unanimously.
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 Wolfgram, the motion carried
unanimously.
Old Business:
NONE
New Business:
a. Discussion/possible action on recommendation of the Plan
Commission to approve the rezone from A1 to R1 for Patricia Stoll Tax
Key # FD 350002B1.
Supervisor Jones made a motion to approve the rezone from A1 to R1
for Patricia Stoll Tax Key # FD 350002B1 with a second by Chair
Polzin, motion carried unanimously.
b. Discussion/possible action on recommendation of the Plan
Commission to approve the variances to adjust the height of the roof
and floor area of the garage for Snowcrest, LLC Tax Key # FA 17200002
at 3263 South Shore Drive.
Supervisor Jones made a motion to approve the variances to adjust the
height of the roof and floor area of the garage for Snowcrest, LLC Tax
Key # FA 17200002 at 3263 South Shore Drive; second by Chair Polzin,
motion failed 4-1 with Supervisor Jones voting in favor.
c. Discussion/possible action on recommendation of the Plan
Commission to approve the rezone from A1 to R1 for Dean Kincaid Inc.,
Tax Key # FD 400006 contingent on a certified survey.
Supervisor Jones made a motion to approve the rezone from A1 to R1
for Dean Kincaid Inc., Tax Key # FD 400006 contingent on a certified
survey with a second by Chair Polzin, motion carried unanimously.
d. Discussion/possible action on recommendation of the Plan
Commission to approve the Clearance (Commercial Property Zoning
Permit) for Mary Jongetjes--Tax Key # FIN 300091.
Supervisor Jones made a motion to approve the Clearance (Commercial
Property Zoning Permit) for Mary Jongetjes--Tax Key # FIN 300091with a
second by Chair Polzin, motion carried unanimously.
e. Discussion/possible action on recommendation of the Plan
Commission to approve the Conditional Use Permit for a Farm Separation
for Emory Carlson Tax Key # FD 260009A.
Supervisor Jones made a motion to approve the Conditional Use Permit
for a Farm Separation for Emory Carlson Tax Key # FD 260009A with a
second by Chair Polzin. Supervisor Militello asked why it had not
been separated before. Supervisor Jones really did not know why.
Motion carried 4-1 with Supervisor Militello opposing.
f. Discussion/possible action on the recommendation of the Public
Works Committee on the request for additional engineering by Shodeen,
Inc. for the Inlet Oaks Subdivision Storm Water Management.
Mark Kolczaski (Baxter Woodman) gave presentation on what Shodeen was
asking for and what they propose to do (Drainage Study). Chair Polzin
made a motion to approve additional engineering at a cost of $2,000 -
$4,000 in answer to the Shodeen letter with a second by Supervisor
Militello motion carried unanimously.
g. Discussion/possible action on the recommendation of the Lake
Committee to approve the proposal from American Hydro Excavating to
clean weir at Brown’s Channel at a proposed cost not to exceed
$15,000.
Supervisor Wolfgram made a motion approve the proposal from American
Hydro Excavating to clean weir at Brown’s Channel at a proposed cost
not to exceed $15,000 with a second by Supervisor Jones motion carried
unanimously.
h. Discussion/possible action on the recommendation of the Town Chair
to remove Supervisor Jones from the Lake Committee as Co-Chair.
Chair Polzin made a motion to remove Supervisor Jones from the Lake
Committee as Co-Chair with a second by Supervisor Wolfgram motion
carried unanimously.
i. Discussion/possible action on the recommendation of the Town Chair
to appoint Supervisor Militello to the Lake Committee as Co-Chair.
Chair Polzin made a motion to appoint Supervisor Militello to the
Lake Committee as Co-Chair with a second by Supervisor Wolfgram.
Supervisor Militello abstained from voting motion carried 4-1.
j. Discussion/possible action on the recommendation of the Lake
Committee to award the bid of for the South Shore Manor Drainage
Swale.
Supervisor Wolfgram made motion to award the bid of for the South
Shore Manor Drainage Swale to Siegler Grading and Excavating of
Elkhorn for 22,969.22 with a second by Supervisor Militello, motion
carried 4-1 Supervisor Jones opposed.
k. Discussion/possible action on recommendation of the Park Committee
to increase the Community Center rental fees for the building and
shelters.
Supervisor Franzen made a motion to increase the Community Center
rental fees for the building and shelters with a second by Supervisor
Jones. Motions were rescinded by Supervisor Jones and Supervisor
Franzen. Supervisor Franzen made a motion to table until next month
with a second by Supervisor Jones motion carried unanimously.
l. Discussion/possible action on recommendation as part of the Smart
Growth Plan to approve a letter to be sent to the County on the
Highway 50 – 4 lane project.
Supervisor Jones read the letter he prepared to send to the County
(On File). Supervisor Jones made a motion to approve a letter to be
sent to the County on the Highway 50 – 4 lane project with a second by
Chair Polzin motion carried unanimously.
m. Discussion/possible action on recommendation of the Public Works
Committee to settle disputed Hiawatha Dr. Special Assessments.
This item has been handled by Administrator Olson, Chair Polzin and
Mark Kolczaski (Baxter Woodman).
n. Discussion/possible action on recommendation of Administrator
Olson, due to the board and most of the office going to the Annual
Towns Association Convention the Town Hall Office hours will be
limited to 8:30AM to 12:30PM on October 6, 7, 8th. PW Committee and
Work Committee will be scheduled for Wednesday, 10/15. Plan
Commission will not meet in October.
Chair Polzin felt their action did not need to be taken, only
notification of the public. Clerk Bernsteen stated that there is a
ordinance that does state that the hours of the Town Hall are open
from 8:30AM to 4:30Pm and action does need to be taken. Chair Polzin
made a motion to have limited hours of the Town Hall Office from
8:30AM to 12:30PM on October 6, 7, and 8th with a second by Supervisor
Jones motion carried unanimously.
o. Discussion/possible action to accept proposal for National
Appraisal 2009-2010 assessor’s agreement.
Chair Polzin made motion to approve National Appraisal 2009-2010
assessor’s agreement for $21,500 for 2009 and $22,000 for 2010 with a
second by Supervisor Militello motion carried unanimously.
p. Discussion/possible action to accept the proposal of National
Appraisal Revaluation of the town’s Equalized Value.
Chair Polzin made a motion to approve $78,000 proposal of National
Appraisal for Revaluation of the town’s Equalized Value with a second
by Supervisor Militello motion carried unanimously. Minor changes
were accepted to change BOR to done by August 30th and $10,000 to be
invoiced in 2008. Inspection will only be on exterior of properties.
q. Discussion/possible to approve Resolution 11.2008 to use Reserved
Debt Service monies to pay off current debt service.
Chair Polzin made a motion to dispense with the first reading of
Resolution 11.2008 and pass to the second reading with a second by
Supervisor Wolfgram motion carried unanimously. Chair Polzin made a
motion to dispense with the second reading and adopt Resolution
11.2008 with a second by Supervisor Wolfgram motion carried
unanimously.
r. Discussion/possible action to approve the Drainage Easement
Agreement to be granted by Delavan Lake Restaurant Company, LLC.
Chair Polzin made a motion to approve the Drainage Easement Agreement
to be granted by Delavan Lake Restaurant Company, LLC with a second by
Supervisor Wolfgram motion carried unanimously.
s. Discussion/possible action to approve the CSM required by Walworth
County to facilitate the construction of the Salt Shed/Police Garage
at 5621 Town Hall Rd.
Chair Polzin made to approve the CSM required by Walworth County to
facilitate the construction of the Salt Shed/Police Garage at 5621
Town Hall Rd with a second by Supervisor Wolfgram motion carried
unanimously.
t. Discussion/possible action on the resolution dated 9-23-80 re:
selection of election workers
Chair Polzin make a motion to rescind resolution dated 9-23-80 re:
selection of election workers with a second by Supervisor Jones motion
carried unanimously.
u. Discussion/possible action on the proposed boat storage facility
at Lake Lawn Resort
Chair Polzin suggested getting the DNR involved in what is happening.
Supervisor Wolfgram stated Dave Kilkenny read it but no action has
been taken. Chair Polzin made a motion to draft a letter to all
concerned about them building at Lake Lawn Lodge with a second by
Supervisor Jones. Administrator Olson also suggested talking with
Joe Salitros at the City of Delavan before a letter is sent. Motion
carried unanimously.
v. Discussion/possible action on the Petition for Direct Annexation
of the Branton and WALCOMET parcels to the City of Delavan.
Chair Polzin had several comments on how he felt about this
annexation and felt he should not have abstained from voting at last
months meeting and apologized for doing so. No action was taken.
w. Discussion/possible action on TIF Districts.
Chair Polzin gave his opinions on a TIF district and was misquoted in
the paper. Did not feel many alderman on the city council new much
about a TIF District. Chair Polzin’s comments on a TIF District are:
Steeling money from everyone in the Town of Delavan, Darien,
anyone in the Delavan Darien School District
Also affected are the County, State
Town affect mostly
Lake Lawn Lodge’s zoning changed to light industry in order
to be in TIF district
Gave the city 8m dollars was ridiculous
Pay back must be pay off in 10 years in order to be
beneficial
City running TIF districts pay off out to many years
Chair Polzin wants to send letter to city asking for open records for
All TIF Information
Date when first TIF approved
Tax paid on property
How much taxes were collected each after the start of all
TIF districts
What the percentage of the dollar amount to pay off TIF
What was done with the rest of the tax dollars
What improvements were made with TIF dollars
How do they relate to TIF districts
What year were TIF’s paid off or disbanded and property
owners absorbed loss on property taxes
All minutes from all TIF meetings
Members of all TIF’s and dates
How members voted on TIF’s
Chair Polzin has not seen any benefits to the town. The only benefit
he has seen is to the city itself. Chair Polzin made a motion to send
a letter to the city as an open records request with a second by
Supervisor Wolfgram. The motion failed 1-4 with Chair Polzin voting
for and the remainder of the board opposing.
x. Discussion/possible action to convene into Closed Session per WI
Stat 19.85 (1)(c) for the purpose of considering employment,
promotion, compensation or performance evaluation data of any public
employee over which the governmental body had jurisdiction of
exercises responsibility. Topic: Town Administrator Employment
Evaluation and Contract Negotiation.
Supervisor Militello made a motion to go into closed session with a
second by Supervisor Jones motion carried unanimously.
Chair Polzin made a motion to extend Administrator Olson’s contract
from a two year to a five year contract with a second by Supervisor
Jones. Supervisor Jones withdrew his second and Chair Polzin withdrew
the motion, motion rescinded.
Administrator Olson three strengths are budget, labor relations, and
planning.
Supervisor Jones made a motion to create an addendum to the original
contract giving Administrator Olson an increase of $5,000 in 2009 and
$5,000 in 2010; to take affect at the beginning of each calendar year.
Three weeks of vacation will be added to contract as of January 1,
2009 and must be used in a single calendar year. Administrator Olson
must stay 5 years from beginning of original contract in order for
town to pay for schooling, if he does not stay he pays back amount of
schooling. An evaluation will be done each year in September to
negotiate possible increase in pay. Motion was seconded by Supervisor
Militello motion carried unanimously based on review by attorney.
y. Closed Session per WI Stat 19.85 (1)(e) for the purpose of
deliberating or negotiating the purchase of public property,
investment of public funds, or conducting other specified public
business when competitive or bargaining reasons require a closed
session TOPIC: Boundary Agreement Negotiations
No action taken
z. Reconvene into Open Session
Chair Polzin made a motion to reconvene into open session with a
second by Supervisor Franzen motion carried unanimously.
aa. Discussion/possible action re: Town Administrator Employment
Evaluation/Contract Negotiation and Boundary Agreement Negotiations
appropriate for Open Session.
No action
Adjournment
Supervisor Jones made a motion to adjourn the meeting with a second
from Supervisor Wolfgram the motion carried unanimously.
Chair Polzin adjourned the meeting at 9:15 p.m.
Prepared and submitted by:
______________________________________
Dixie Bernsteen, Town Clerk