Deerfield Wisconsin
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2007 July 23

MINUTES
VILLAGE OF DEERFIELD

FOR A MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF DEERFIELD HELD AT THE DEERFIELD VILLAGE HALL, 4 N. MAIN STREET, DEERFIELD, WISCONSIN ON MONDAY, JULY 23, 2007 AT 7:00 P.M.

I. CALL TO ORDER – NOTING OF ROLL BY CLERK
President Mathews called the meeting to order at 7:00 pm.  Present: Frutiger, Haag, Kiefer, Mathews, Schreiber and Wilkinson. Absent Searle

Also, present - see sign in list on file in clerk’s office.

II. CONSENT AGENDA
A.  APPROVAL OF MINUTES FROM JULY 9, 2007
Motion by Kiefer, second by Wilkinson to approve the minutes from July 9, 2007 as corrected.  Motion carried.

B.  APPROVAL OF VOUCHERS
Motion by Mathews, second by Schreiber to authorize payment of check #40710 - #40762 in the amount of $100,612.26.  Motion carried

C.  COMMITTEE REPORTS
1.  POLICE COMMITTEE 7/10/07 7.  TIF JOINT REVIEW BOARD 7/18/07
Kiefer reported on the meeting. Wilkinson reported on the meeting. 

2.  PARKS BOARD 7/16/07 8.  PLANNING COMMISSION 7/18/07
Wilkinson reported on the meeting. Mathews reported on the meeting.

3.  PUBLIC WORKS 7/16/07 9.  EMS 7/19/07
Haag reported on the meeting. Frutiger reported on the meeting.

4.  PERSONNEL 7/17/07 10.  LIBRARY BOARD 7/20/07
Mathews reported on the meeting. Kiefer stated she was not at the meeting so there was no report.

5.  FIRE COMMISSION 7/17/07 11.  AUGUST CALENDAR
Mathews reported on the meeting. The Board reviewed the August calendar and found it acceptable.

6.  CABLE 7/18/07
Schreiber reported on the meeting.

III. PUBLIC APPEARANCES
A.  PUBLIC COMMENTS
None

IV. UNFINISHED BUSINESS, REVIEW & ACTION THERE ON:
1.  BUDGET FORECAST MODEL FOR DEBT SERVICE FUND
Mathews stated that the Finance Committee recommended that no new borrowing be budgeted for in 2008, unless there was a major development and at that time the budget could be amended.

After discussion, motion by Mathews, second by Haag that the board utilize a 2008 debt budget reflecting no new borrowing.  Motion carried.

2.  LEASE AGREEMENT WITH MADISON CELLULAR TELEPHONE COMPANY FOR CELLULAR EQUIPMENT BUILDING ON CELL TOWER SITE ON INDUSTRIAL PARK ROAD
The Board reviewed a letter from the village attorney listing the six remaining issues on the lease:
• Lease price
• Whether the 3 months rent is acceptable as the U.S. Cellular’s fee for early termination
• Whether the Village wants a right to terminate in less than 30 years without cause
• Whether a venue provision for potential lawsuits is important and should be required in the lease
• U.S. Cell will have the right to build a 30-foot wide access road on its access easement in addition to
the existing gravel drive already on the site.  Does the Village want to allow this?
• Finally, the lease does not identify the location of the access or utility easements needed for construction, so the Village will need revised plans and maps.  This is important because the Village must ensure that these easements do not interfere with pre-existing Village obligations to the other parties already on site.

After discussion, motion made by Mathews, second by Wilkinson to approve the contract with the following items included:
• Lease price – The proposed amounts were acceptable.
• Whether the 3 months rent is acceptable as the U.S. Cellular’s fee for early termination – Acceptable
• Whether the Village wants a right to terminate in less than 30 years without cause – The right to terminate without cause should be 15 years.
• Whether a venue provision for potential lawsuits is important and should be required in the lease – The venue should be Wisconsin.
• U.S. Cell will have the right to build a 30-foot wide access road on its access easement in addition to the existing gravel drive already on the site.  Does the Village want to allow this? – Will be allowed after site plan is approved by Planning Commission.
• Finally, the lease does not identify the location of the access or utility easements needed for construction, so the Village will need revised plans and maps.  This is important because the Village must ensure that these easements do not interfere with pre-existing Village obligations to the other parties already on site. – Need new site plan showing easements and must be approved by Planning Commission.
Motion carried.

V. NEW BUSINESS
A.  RESOLUTIONS
1.  NONE
B.  LICENSES & PERMITS
1.  OPERATOR LICENSES FOR EMILY MARSHALL, DANIEL SMITH AND SCOTT PROSA
Mathews stated that the Finance Committee recommended approval of the licenses with conditions placed on Emily Marshall because of past law violations.

Motion by Mathews, second by Haag to approve operators licenses to Emily Marshall, Daniel Smith and Scott Prosa and that a letter accompany Emily Marshall’s license to notify her that any additional violations would cause her license to be revoked.  Motion carried.

C.  REVIEW & ACTION:
1.  CREATION OF JOINT POLICE COMMISSION
Otte stated that Cambridge and Deerfield have jointly purchased a Laser Radar Unit and that an agreement or joint police commission needs to be established for ownership of the assets or control of the police.  After discussion, it was the consensus of the board that an agreement be entered into with Cambridge addressing the ownership of assets rather then forming a commission.  Staff was directed to prepare an agreement for the board to review.

2.  TIF GRANT APPLICATION LIBERTY COMMONS, LIBERTY STREET
Mathews stated that the Planning Commission recommended approval of a grant application to Liberty Commons in the amount of $24,660.00 on the condition that a developers (Grant) agreement be entered into and that the agreement include all applicable provisions of Section 24.80 of the draft zoning code be complied with.

After discussion, motion by Mathews, second by Kiefer to approve the grant application to Liberty Commons with the following conditions: a) the maximum grant amount will be $24,660, b) the developers agreement that must be entered into will require the provisions of 24.80, in the draft amendment to the zoning code, be met, c) all other provisions of the TID Grant Program are complied with.  Motion carried.

3.  STREET CLOSURE PERMIT TERRACE ROAD ON AUGUST 12, 2007
Mathews stated that last year the board approved this request and he recommends approval again.

Motion by Mathews, second by Frutiger to approve a street closure permit for August 12, 2007 for Terrace Road.  Motion carried.

4.  JOB DESCRIPTION FOR WATER OPERATOR
Mathews reported that the Personnel committee has reviewed this job description and recommends its approval.

Motion by Mathews, second by Kiefer to approve the job description for Water Operator as on file in the Village Clerk’s office.  Motion carried.

5.  HIRE EMPLOYEE FOR THE POSITION OF WATER OPERATOR
Mathews stated that this position was posted and that Derek Anderson was the only employee that signed up for this position and that he met all the requirements of the position and that the Personnel Committee recommends that the pay rate be $16.00 effective July 17, 2007.

After discussion, motion by Mathews, second by Schreiber to hire Derek Anderson for the position of Water Operator at a rate of pay of $16.00 per hour effective July 17, 2007.  Motion carried.

6.  DANE COUNTY SAFETY GRANT (NON APPLICATION)
Haag reported that after additional review of this grant it does not appear to be beneficial to the Village at this time so the Public Works Committee recommends that no application be made in 2007.  After discussion, the Board agreed.

VI. ORDINANCES
A.  NONE

VII. COMMUNICATIONS
A.  DNR – RECYCLING AUDIT

VIII. STAFF REPORTS
A.  UPDATE ON TID #3 AMENDMENT AND CREATION OF TID #4
Otte updated the Board on the TID #3 Amendment and the creation of TID #4.

B.  DEVELOPMENT OF THE NELSON FARM UPDATE
Otte presented the Board with a concept plan and explained the proposal area that is being proposed for development.

C.  OTHER ECONOMIC DEVELOPMENT ITEMS
Otte stated that it is very likely that the Village will have an offer to purchase for 1 to 3 acres of land in the Industrial Park within the next week.

D.  DEERFIELD COMMUNITY CENTER USAGE
Otte distributed a report on the usage of the Community Center by Village and Township residents.

IX. ADJOURN

Motion by Mathews, second by Kiefer to adjourn at 7:55 pm.  Motion carried

/S/ Dean A. Otte
Village Administrator, Clerk-Treasurer