Deerfield Wisconsin
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2005 November 28

MINUTES FROM THE REGULAR MEETING OF THE DEERFIELD VILLAGE BOARD NOVEMBER 28, 2005

CALL TO ORDER AT 7:00 P.M. AT THE VILLAGE HALL AND ROLL CALL

The meeting was called to order at 7:00 p.m. by President Evensen.  Present: Mack, Kiefer, Searle, Quamme and Haag.

Also present: Dave Lemke, Chris Butschke, Kaia and Fred Fry, and David Dinkel.

APPROVAL OF AGENDA

Motion by Evensen, second by Mack to approve the agenda.  Motion carried.

APPROVAL OF MINUTES FROM NOVEMBER 14, 2005

Motion by Quamme, second by Mack to approve the minutes from November 14, 2005 as corrected.  Motion carried.

PUBLIC INPUT

Kaia Fry thanked the Village for the budget that the library received.

1. PUBLIC HEARING ON THE 2006 GENERAL FUND BUDGET AND ALL ASSOCIATED FUNDS BUDGETS, HIGHLIGHT SUMMARY SHEET, WAGES AND SET MILL RATE

Evensen opened the public hearing for the 2006 General Fund Budget and all associated funds budgets, the Highlight Summary sheet, wages and set the mill rate.  No one spoke at the public hearing.

Evensen closed the public hearing.

2. DISCUSS/APPROVE THE 2006 GENERAL FUND BUDGET AND ALL ASSOCIATED FUNDS BUDGETS, HIGHLIGHT SUMMARY SHEET, WAGES AND SET MILL RATE-Evensen

Evensen reviewed the summary highlight sheet for the 2006 budget.  The EMS budget was submitted at the highest level and they are looking at other ways to reduce their budget.  He pointed out that Dean Otte had reviewed the budget with Cindi and he is satisfied with what is being presented.  The budget includes wages for 2006, debt service fund and other related funds.

Motion by Evensen, second by Mack to approve the final 2006 general fund budget for the General Fund with revenues of $789,803 and expenditures of $1,362,974, with a total levy of $753,566, the highlight summary sheet as amended, and all associated funds, accept the wages for employees starting December 26, 2005, accepting the job titles for Elizabeth McCredie as Deputy Clerk/Treasurer I, Clerk of Courts, and Utility Clerk I, and Denise Bleecker as Deputy Clerk/Treasurer II, Utility Clerk II and Administrative Assistant, and to set the mill rate at $5.55.  Motion carried.

3. PRESENTATION BY BUILDING INSPECTOR TO UPDATE BOARD ON INDEPENDENT INSPECTIONS-Chris Butschke-Building Inspector

Chris Butschek, building inspector from Independent Inspections, presented a review of information to the board from 2003, 2004 and 2005 building permit reports and is looking to do the reports more frequently as a means for better communications.  The erosion control compliance has improved, and he pointed out that the new regulations for the breaker rock has helped out but he is trying to do more on erosion control.  He sees next year about the same for new homes as this year. 

Evensen asked what the reasons were that people failed inspections.  Butschke said that there are numerous reasons why, some relate to code enforcement, paper work review, codes, no access, etc.  Evensen appreciated Chris coming to the meeting and liked the reports.

4. DISCUSS/APPROVE COURSE OF ACTION REGARDING SURFACE OF PARKING AREA AT TRUCKSTAR, 26 W. NELSON ST. , OWNER GREG AND KAREN DEWALL-Evensen

Evensen indicated that planning commission reviewed the parking lot situation for DeWall at Truck Start, 26 W. Nelson.  DeWall did not want to blacktop the parking lot due to the big trucks that tear it up.  It was recommended by the Plan Commission to allow a blacktop driveway on the east side instead of making them blacktop the whole parking lot.

Motion by Evensen, second by Quamme to approve that Truckstar be allowed to keep the gravel parking lot but that they need to put in a blacktop driveway that is 12’ wide and 10’ longer than the north boundary of the building by June 30, 2006.  Motion carried.

5. DISCUSS/APPROVE FIRST READING RESOLUTION, R2005-17, FOR CHAPTER 24, CREATING SECTION 24.60 (1)(b)(2) and 24.60(7)(A-G), SOLID FUEL FIRED HEATING DEVICES-Evensen

Haag asked why the Plan Commission doesn’t want the solid fuel fired heating devices in the Village.  Evensen said that it was mostly due to the smell.  Haag doesn’t think they smell any worse than the fireplaces that are all over town.  Quamme said that it does make a difference with the people in the neighborhoods and if the weather conditions are a certain way, the smoke is pretty bad.

The old elementary school and Liberty Commons were areas where the smell was noted and complaints had been received by people at Citgo.

Haag said that this may be a way that people can heat their homes and he doesn’t see how we have the right to tell them what they can do on their personal property.  Evensen said that the Plan Commission originally looked at this to allow them, but after further discussion, they changed it to allow only those that exist or have building permits prior to January 1, 2006.

Searle asked about the complaint process and how this will be handled.  He felt that it should be a written complaint.  C. Gotthart said that there should be some process to handle the complaint so it isn’t just a frivolous complaint as one complaint could cost many a person thousand of dollars and it shouldn’t be based on one complaint.  Haag doesn’t feel that we should tell people what they can put on their private properties.  Kiefer lives nearby one of the outdoor burners and sometimes the smell is strong.  Quamme related this to a neighbor that burns wood and he feels that the one on Main St. is stronger.

Haag asked why we can’t allow other people the opportunity to put them in and get into compliance.  Evensen said that the units are not well suited for the village and it makes more sense to let people know about this up front instead of sticking money into a unit and then having them take it out.

Mack left the meeting.

The board agreed that there should be provisions for a complaint process, that the complaint must be in writing and that the board would review the complaint and that the police department may have to determine the conditions of the complaint, prior to board action.

Motion by Evensen, second by Searle to approve the First Reading Resolution, R2005-17, for Chapter 24, Creating Section 24.60 (1)(b)(2) and 24.60(7)(a-g), Solid Fuel Fired Heating Devices as amended to include a complaint process.  Motion carried with Haag voting no.

6. DISCUSS/DNEY/APPROVE REQUEST FROM TIM & KATIE JONES, 325 S. ATWOOD LANE, FOR A REDUCTION IN THE UTILITY BILL DUE TO OUTSIDE HOSE RUNNING-Quamme

Quamme said that Public Works did review the request for a reduction in their utility bill, and is making a recommendation to deny the request.  He indicated that there is no good way that it can be measured or monitored.  Leaving a hose on doesn’t mean that there should be a reduction and if we start granting a reduction for this, we will be subject to many other people trying to claim that they left their hose on.  Searle said that he had a problem with not forgiving this when they just forgave one recently.  Quamme said that he had voted against that reduction at the time and it wasn’t something they had done in the past. There is no verification on this and we don’t have a way to measure every claim for a reduction if a hose leaks or is left on.  Searle wondered about creating a policy on this.  Quamme doesn’t believe that there is a good policy that they can verify this or cover every situation.  Evensen said that there should be a policy on this.  C. Gotthart said that there was a resolution written in 1999 to try and cover these types of situations, but it doesn’t address everything.

Motion by Quamme second by Haag to uphold the recommendation from public works and deny the sewer reduction for Tim and Katie Jones.  Voice-vote with the noes over the ayes.  Motion failed.

Motion by Evensen, second by Searle to approve a reduction of $91.21 in the sewer portion of the utility bill for Tim and Katie Jones, 325 S. Atwood.  Motion carried with Quamme and Haag voting no.

Haag asked how they will create a policy and how will they handle the ones that have already gone before us.  Quamme said that it will be tough writing a policy that will cover every situation that can arise and he believes that people will try and get reductions that aren’t warranted.  Otte suggested that the policy could be that the bill has to be 200% higher more than before.

Haag said that the problem he has is why should he pay for sewer from somebody mistakes.  Quamme said that there will be problems trying to create a policy for everyone.  Kiefer said that it needs to be clearer. 

Evensen wants a policy put together on this within three months.

7. DISCUSS/APPROVE ACCEPTANCE OF THE SEWER AND WATER MAINS IN PHASE III OF MORNINGSIDE ESTATES REPLAT PER TOWN & COUNTRY ENGINEERING-Quamme

Quamme indicted that Town & Country had written a letter asking for the village to accept the water and sewer mains in Phase III of Morningside Estates Replat along with a reduction in the letter of credit.

Motion by Quamme, second by Haag to approve the acceptance of the Sewer and Water Mains in Phase III of Morningside Estates Replat per Town & Country Engineering and the letter from Warren dated November 8, 2005, contingent upon the waivers being received to reduce the letter of credit.  Motion carried.

Dinkel said that everything should be done very soon and should be done by the next meeting.

8. DISCUSS/APPROVE THE CLOSING OF FUTURE RD. FOR THE WINTER AND TO USE THE CLOSED ROAD FOR SNOW STORAGE-Quamme

Quamme indicated that Future Rd. has been closed for the past few years and Doyle felt that it would be a good place for snow storage since MPI is using the park and the Public Works committee is recommending that it be closed.

Motion by Quamme, second by Kiefer to approve the closing of Future Rd. for the winter and to use the closed road for snow storage from December 1 through April 15th, with the condition that the snow be stored behind the fire hydrants and off the trail.  Motion carried.

9. DISCUSS/APPROVE NO PLOWING OF STREETS IN THE NEW PHASE OF THE HERITAGE AND POSSIBLE ROAD CLOSING-Quamme

Quamme said that the manholes are not ramped properly in the new phase of the Heritage and they are dangerous to plow.

Motion by Quamme, second by Haag to approve that the village does not plow the streets in the new phase of the Heritage Plat and to consider the roads closed for the winter.  Motion carried.

10. DISCUSS/APPROVE ROAD CLOSING OF W. DEERFIELD ST. FROM MAIN ST. TO PARK DR. FOR CHRISTMAS TREE LIGHTING ACTIVITIES AT THE COMMUNITY CENTER ON DEC. 8TH- Quamme

Quamme said that the community center wanted to try a new direction for the tree lighting.  There was a volunteer that would decorate the tree by the hall but that wouldn’t work, so it will be a tree down at the library.

Motion by Quamme , second by Kiefer to approve closing W. Deerfield St. from Main St. to Park Dr. for the Christmas Tree lighting activities at the Community Center on December 8, 2005, from 3:00 p.m. to 10:00 p.m.  Motion carried.

11. DISCUSS/APPROVE OPERATOR’S LICENSES FOR BRIANNA SCHABOW AND JASON CHRISTIANSON-Mack

Haag said that they met with Jason Christianson and were comfortable with the answers they received.

Motion by Haag, second by Kiefer to approve the operator’s licenses for Brainna Schabow and Jason Christianson effective November 29, 2005 through June 30, 2006.  Motion carried.

DISCUSSION:  Searle had a question regarding the letter from the Attorney stating that they were uncomfortable with granting a license to Christianson and was the Licensing Committee satisfied in granting him a license.  The committee did meet with him and after that felt that it wasn’t a risk granting him an operator’s license.  Searle was glad that he came to the meeting.  Quamme said he did not agree in granting him a license and that by looking at his record it shows a lack of responsibility and an operator’s license carries a lot of responsibility.  Alcohol is a problem in the Village, particularly with underage people being served and he doesn’t believe that this individual should get a license.  He isn’t saying that Jason is serving minors, but he feels that he did not show responsibility when he filled out the application.  Haag said that other people who have received Operator’s licenses that have clean records are serving minors and that this shouldn’t be a factor for granting this license to Jason.

Haag said that when Jason came to the meeting, he explained that he didn’t believe that those things were still on his record.  The committee felt that there wouldn’t be any more risk with him than with any other operator.  Kiefer said that she was glad that he came to the meeting and talked to them.  Haag said that people make mistakes.  Searle was also concerned that he didn’t disclose information on his application

Quamme said that he is not comfortable granting a license to him.

12. DISCUSS/APPROVE RESOLUTION R2005-18, ASSUMING RESPONSIBILITY OF TREASURER-C. Gotthart

Motion by Evensen, second by Searle to Resolution R2005-18, Assuming Responsibility of Treasurer.  Motion carried.

13. UPDATE ON TRANSITION OF ADMINISTRATOR, CLERK-TREASURER POSITION-C. Gotthart/D. Otte

C. Gotthart Evensen updated the board on the transition of Administrator, clerk-Treasurer C. Gotthart to Dean Otte.  Her intention was to be done by December 2, but she will be available if needed and will come in until she gets her list of projects done.  Evensen said that he intends to meet with Otte every Wednesday to keep communications

14. COMMITTEE REPORTS

None.

15. COMMUNICATIONS

There was a very nice article in the State Journal about Deerfield.  Evensen will call the author of the article and thank him.

16. APPROVAL OF BILLS

Motion by Evensen, second by Searle to approve the bills as presented.  Motion carried.

38555 ADAMS COMPUTER CENTER 44.80
38556 AFLAC 256.44
38557 ALLIANT ENERGY 4520.34
38558 ANDERSON, KENT, S.C. 2357.41
38559 ANDERSON, DEREK 208.31
38560 AT &T 260.53
38561 BOBCAT PLUS, INC. 95.40
38562 BROWN HEATING & AIR CONDITIONING 107.61
38563 CARL’S CAKES 92.90
38564 CINTAS CORPORATION 83.00
38565 CITGO PETROLEUM CORP 401.55
38566 CIVIC SYSTEMS, LLC 8906.50
38567 CRANE ENGINEERING SALES, INC. 620.50
38568 CTW CORPORATION 474.12
38569 DANE CO CLERK 2.00
38570 DEAN HEALTH PLAN 7294.88
38571 DEERFIELD HARDWARE & RENTAL 207.97
38572 DEERFIELD PUB 56.25
38573 DEERFIELD SEWER UTILTIY 54286.10
38574 DEERFIELD, VILLAGE OF 67328.21
38575 DEERFIELD WATER UTILITY 3092.33
38576 DEMCO 31.36
38577 DIGGERS HOTLINE INC. 57.54
38578 DIVERSE PLASTICS GROUP 449.00
38579 ENGRAVING & TRPPHY SPECIALISTS 49.29
38580 FALKOWSKI, VICKI 186.02
38581 GOTTHART, CINDI 38.80
38582 HALVERSON, JOANN 72.49
38583 INGRAM BOOK COMPANY 455.80
38584 INTERSTATE BILLING SERVICE 274.42
38585 JAMBOREE/DEERFIELD SUPERMARKET 600.00
38586 JONES, JARRETT 47.44
38587 JUNIOR LIBRARY GUILD 696.00
38588 L.W. ALLEN, INC. 224.00
38589 LIBERTY STREET FLORAL, LLC 70.20
38590 MADISON RECHARGING SERVICE 36.60
38591 MCCREDIE, LIZ 79.83
38592 MIDWEST INDUSTRIAL LIGHTING 873.32
38593 NESHEIM, LEON 21.00
38594 NEW VISION NETWORKS, INC. 85.00
38595 NEXTEL COMMUNICATIONS 109.51
38596 OAK PARK 4-H 114.00
38597 OFFICE DEPOT CREDIT PLAN 63.15
38598 PETTY CASH 178.17
38599 RANDOM HOUSE, INC. 47.70
38600 RECORDED BOOKS 135.21
38601 RITZEMA, MATT 200.88
38602 SEARS COMMERCIAL ONE 421.11
38603 STATE CHEMICAL MANUFACTURING 89.13
38604 SUPERIOR CHEMCIAL CORP 104.89
38605 TESTAMERICA, INC./NET, INC. 588.80
38606 THE TREE TRIMMER 687.50
38607 THOMSON GALE 75.13
38608 US DEPT OF EDUCATION 44.33
38609 VERIZON NORTH 83.05
38610 VIRCHOW, KRAUSE & COMPANY 8192.00
38611 WE ENERGIES 510.07
38612 WI DEPT OF JUSTICE 25.00
38613 WI SCTF 100.00
38614 WINGFOOT COMMERCIAL TIRE 244.13
TOTAL $167,059.02

Haag asked about the tree trimming bill.  The bill was for trees on Main St. and the detention pond area.

17. CONSIDER MOVE TO CLOSED SESSION AT APPROXIMATELY 7:40 P.M. PURSUANT TO §19.85(10(E) FOR DELIBERATION AND NEGOTIATION OF INVESTMENT OF PUBLIC FUNDS FOR PURCHASE OF LAND FOR LIBRARY EXPANSION

Motion Evensen, second by Searle to move to closed session at approximately 8: 15 p.m. pursuant to §19.85(10(e) for deliberation and negotiation of investment of public funds for Purchase of Land for Library Expansion.  Roll call:  Kiefer; aye, Searle; aye, Quamme; aye, Haag; aye, and Evensen; aye.  Motion carried.

18. RECONVENE TO OPEN SESSION AT APPROXIMATELY 8:00 P.M. TO TAKE ACTION ON DELIBERATION AND NEGOTIATION OF INVESTMENT OF PUBLIC FUNDS FOR PURCHASE OF LAND FOR LIBRARY EXPANSION

Motion by Evensen, second by Kiefer to reconvene to open session at 8:28 p.m. to take action on deliberation and negotiation of investment of public funds for the purchase of land for future library expansion.  Roll call:  Kiefer; aye, Searle; aye, Quamme; aye, Haag; aye, and Evensen; aye.  Motion carried.

Motion by Evensen, second by Searle to hire EMC to do the Phase II study for the proposed land purchase from Billy Elmore, for future library expansion with the Village paying $2331 of the $3,331.  Motion carried.

We will contact EMC to see what the timetable is to do the Phase II.

ANY OTHER SUCH MATTERS AS ALLOWED BY LAW

Fred Fry asked for clarification on some issues as he will be writing the newspaper article.

ADJOURNMENT

Motion by Kiefer, second by Searle to adjourn.  Motion carried.

/S/ Cynthia L. Gotthart, CMC, CMT, CPM
Village Administrator, Clerk-Treasurer
CLOSED SESSION MINUTES
VILLAGE BOARD
NOVEMBER 28, 2005

Present in closed session: President Evensen, Kiefer, Searle, Quamme, Haag, Otte and C. Gotthart.

Elmore offered to pay $1,000 towards the Phase II.  The bids came at $3,331 from EMS, Liesch at $3,795, and Vierbicher at $6,300.

Evensen asked if the land wasn’t used for library expansion what would we use the land for.  Parking for sure.

Recommend that we go with EMC.