MINUTES FROM THE REGULAR MEETING
OF THE DEERFIELD VILLAGE BOARD
FEBRUARY 26, 2007
CALL TO ORDER AT 7:00 P.M. AT THE VILLAGE HALL, 4 N. MAIN STREET, DEERFIELD, WI AND ROLL CALL
President Evensen called the meeting to order at 7:00 pm. Present was Evensen, Haag, Frutiger, Searle, Wilkinson and Kiefer. Also present at 7:35 pm was Attorney Connie Anderson.
APPROVAL OF AGENDA
Motion by Evensen, second by Kiefer to approve the agenda with item #2 to be held over as recommended by the Finance Committee. Motion carried.
APPROVAL OF MINUTES FROM FEBRUARY 12, 2007
Motion by Evensen, second by Kiefer to approve the minutes from February 21, 2007 as corrected. Motion carried.
PUBLIC INPUT
None.
1. REVIEW/ACTION – OPERATORS LICENSE FOR JAMES MCGOWAN - EVENSEN
Evensen stated the Finance Committee reviewed this application, found it in order and recommends its approval.
Motion by Evensen, second by Haag to approve an operator’s license for James McGowan. Motion carried.
2. REVIEW/ACTION – WAIVER OF FEES FOR HABITAT FOR HUMANITY FOR LOT ON N. WESTERN AVENUE - EVENSEN
Held over.
3. REVIEW/ACTION – AUTHORIZE THE RELEASE OF LETTERS OF CREDIT AND SECURITY FOR MORNINGSIDE REPLAT OTHER THEN $19,629.06 FOR PHASE III - HAAG
Haag stated that the Public Works Committee reviewed the Letters of Credit and felt that the remaining issues could be resolved with the $19,626.06 credit remaining on Phase III and that all other assurances could be released.
After discussion, motion by Haag, second by Frutiger to release all assurances for Morningside Replat Phase I & II but to retain the Letter of Credit for Phase III in the amount of $19,629.06 as recommended by the Public Works Committee. Motion carried.
4. REVIEW/ACTION – WEIGHT LIMITS ON S. INDUSTRIAL PARK ROAD - HAAG
Haag reported that the Public Works Committee reviewed this and recommends that no change be made on the weight limits on S. Industrial Park Road. After discussion, the board agreed that no change should be made.
5. REVIEW/ACTION – REQUEST BY FIRE DEPARTMENT FOR REIMBURSEMENT OF REPAIRS ON 2000 SQUAD CAR - EVENSEN
Evensen stated that the Finance Committee recommended a refund of $213.00 to repair the oil leak because of incorrect information provided.
After discussion, motion by Evensen, second by Haag to reimburse the Fire Department $213.00 for the cost to repair the oil leak on the 2000 squad car they purchased. Motion carried.
6. REVIEW/ACTION – RESOLUTION R2007-04 “A RESOLUTION PROVIDING FOR PUBLICATION, FILING, INSPECTION AND ADOPTION OF A GENERAL ORDINANCE” (ELECTION REGULATIONS) - OTTE
Administrator Otte explained that in the past the Village adopted its election wards by resolution and that after additional research it was found wards need to be created by ordinance. He also reported that this ordinance updates the Village code on election issues.
After discussion, motion by Evensen, second by Wilkinson to adopt Resolution #R2007-04 “A Resolution Providing for Publication, Filing, Inspection and Adoption of a General Ordinance” as on file in the Clerk’s office. Motion carried.
7. REVIEW/ACTION – VILLAGE OF DEERFIELD POLICY #2006-7 “WORK/PURCHASES UNDER $25,000.00” – EVENSEN
Evensen stated that after comments received from the Board the Finance Committee revised this policy and recommends its approval.
After discussion, motion by Evensen, second by Searle to adopt policy #2006-7 “Work/Purchases Under $25,000.00” as on file in the Clerk’s office. Motion carried.
8. REVIEW/ACTION - AUTHORIZE THE HIRING OF A CONTRACTOR TO PREPARE AN AMENDMENT TO THE VILLAGE OF DEERFIELD URBAN SERVICE AREA – EVENSEN
Evensen stated that on the recommendation of the village attorney, the Finance Committee recommended the Village hire Bill Preboski to do the USA Amendment for the Village at a cost not to exceed $2,500.00.
Motion by Evensen, second by Wilkinson to contract with Bill Preboski to do a USA Amendment for the Village of Deerfield to cover approximately 268 acres at a cost not to exceed $2,500.00. Motion carried.
9. REVIEW/ACTION – SIXTH AMENDMENT TO THE DEVELOPMENT AGREEMENT REGARDING IMPROVEMENTS IN THE PLAT OF THE HERITAGE, THE ALPINE ADDITION TO THE HERITAGE, THE HERITAGE FIRST ADDITION AND THE ALPINE REPLAT – EVENSEN
Evensen stated that the Planning Commission reviewed this and recommends its approval. Administrator Otte reported that after the Commission’s review, Veridian requested to add 4 lots to Phase 3A.Otte then explained that these lots could be added to Phase 3A or no amendment is needed because the document list only minimum number of lots that need to be developed.
Motion by Evensen, second by Frutiger to approve “Sixth Amendment to the Development Agreement Regarding Improvements in the Plat of the Heritage, The Alpine Addition to the Heritage, The Heritage First Addition and the Alpine Replat” as on file in the Clerk’s office. Motion carried.
10. REVIEW/ACTION – AUTHORIZE THE APPLICATION FOR A BUILD GRANT APPLICATION FOR THE PREPARATION OF A BOUNDARY AGREEMENT WITH THE TOWN OF DEERFIELD AND TO ESTABLISH A WORKING COMMITTEE – EVENSEN
Discussion was held on the grant application and if the Township would share in the cost. After discussion, it was
decided to hold this matter over until the Township takes action on this matter.
Waive order of agenda.
11. CONSIDER MOVE TO CLOSED SESSION BY VILLAGE BOARD AT APPROXIMATELY 8:00 P.M. AS PERMITTED BY WIS. STATS. CONFERRING WITH LEGAL COUNSEL WHO IS RENDERING ORAL ADVICE CONCERNING THE STRATEGY TO BE ADOPTED REGARDING LEGAL ACTION WITH RESPECT TO CLAIM BY WACHOVIA BANK ON LAND ON N. INDUSTRIAL PARK ROAD – OTTE
12. MOVE TO CLOSED SESSION
Motion by Evensen, second by Wilkinson to go into closed session “As Permitted by Wis. Stats. Conferring With Legal Counsel Who is Rendering Oral Advice Concerning the Strategy to be Adopted Regarding Legal Action with Respect to Claim by Wachovia Bank on Land on N. Industrial Park Road” and to allow Attorney Anderson and Administrator Otte to be Present. Roll call vote: Evensen, Haag, Frutiger, Searle, Wilkinson and Kiefer. All Yeas. Motion carried.
13. CONSIDER/ADOPT MOTION TO RECONVENE TO OPEN SESSION AT APPROXIMATELY 8:30 PM.
Motion by Evensen, second by Kiefer to reconvene to open session at 8:00 pm. Roll call vote: Evensen, Haag, Frutiger, Searle, Wilkinson and Kiefer. All Yeas. Motion carried.
14. DISCUSSION/ACTION, IF ANY, REGARDING CLOSED SESSION ITEMS
Motion by Evensen, second by Wilkinson to authorize Attorney Anderson to respond to the claim by Wachovia Bank on land located on N. Industrial Park Road as discussed in closed session. Motion carried.
15. REVIEW/ACTION – APPROVAL OF BILLS
Evensen stated the Finance Committee recommended the approval of the bills.
Motion by Evensen, second by Searle to approve check #40252 – 40291 in the amount of $260,303.00. Motion carried.
ANY OTHER SUCH MATTERS AS ALLOWED BY LAW
a) NEW PARK BOARD MEMBERSHIP
Mike Borgrud resigned.
b) ELECTION RESULTS FOR FEBRUARY 20, 2007 PRIMARY
Annette K. Ziegler – 41 votes
Linda M Clifford – 19 votes
Joseph Sommers – 22 votes
ADJOURNMENT
Motion by Evensen, second by Kiefer to adjourn at 8:03 pm. Motion carried.
/S/ Dean A. Otte
Village Administrator, Clerk-Treasurer