Selected Committee of the Whole Minutes
Committee of the Whole Minutes
Jan 09, 2012
Minutes of the Committee of the Whole of January 9, 2012
The Town of Delavan Committee of the Whole held its regular monthly meeting on Monday, January 9, 2012 at 6:00 PM; in the Town Hall, 5621 Town Hall Road, Delavan, WI 53115.
Board Members
Ryan Simons, Chair Richard Bonsall, Supervisor
Barb Militello, Supervisor Kim Jedlicka, Supervisor
Herb Sessner, Supervisor
1) Call to order by Chair Simons @ 6:00 PM
2) Roll call by Chair Simons
Present: All Board Members Present
Excused:
3) Declaration of quorum present for doing business by Chair Simons
4) Approval of Agenda
Supervisor Militello made a motion to approve the agenda with a second bySupervisor Jedlicka motion carried.
5) Communications
Supervisor Sessner: Received the contract for the American Veterans Traveling Tribute. There may be a problem with Bingo in April; it is the day before the Election. Supervisor Sessner has been working with a vendor for vending machines at the park.
Chair Simons: We received a letter from attorney office Goeke, Tillish and Higgins about the status of the opportunity to have a dock right of way agreement on Hiawatha Drive. The Department of Transportation has confirmed the Highway Aides at $261,511.52. Treasurer Duchemin put together a spread sheet of the utilities; the We Energies fell from 2010 to 2011 due to the Highway garage new oil burner. The Electric fell also. The City of Delavan considered a resolution approving commitment of assigned fund balances; this is an issue that comes up for the Town as well. This is something that the Town could also create and assign funds to accounts (Lake, Highway Dept. Funds, etc.).
Supervisor Sessner: Friends of the Park a friend of Gerri Green can do the 501C for less than an attorney fee.
6) Comments and Suggestions of Citizens present regarding Items on the Agenda
None
7) Committee Reports
8) New Business:
(a) Discussion: Conditional Use Permit and Rezoning for The Shores of Delavan Lake – Shodeen. (Plan Commission)
Chair Simons stated the Plan Commission voted unanimously to recommend to the Board to approve the new proposed subdivision subject to 12 conditions (on-file).
Dave Patzeltgave a presentation of the changes from the old plan to the new plan. Conditional Use Changes:
· Compliance with all Town Ordinances using Residential Urban Standards as shown in Exhibit F of the Town Ordinance except for Mills Street where the curb may be eliminated when the street abuts open space.
· Development of private Neighborhood Park within the Subdivision dedicated to and maintained by the Homeowners Association. Dedication to and Maintenance by a Homeowners Association of a Special Purpose Park in the presently zoned P-1, including all open spaces east of the proposed lots with the exception of the storm water detention basins, swales and access areas.
· Installation of storm sewers, curb and gutter, and sidewalk on both sided of all streets as shown in Exhibit F of the Town Ordinances, except Mills Street abutting open space where no curb is required.
· Implement the recommendation of the updated Traffic Impact Analysis by following the revised Plan for the Shores of Delavan Lake, dated December 14, 2011, and in addition, follow terms of all State, and County approvals relating to roads within and adjacent to the subdivision before Preliminary Plat approval.
· Implement the recommendations of the Groundwater and Water Supply study furnished by the Layne-Christensen Company by providing individual private wells drilled to a minimum depth of 60 feet for each lot in the subdivision each of which shall be subject to the regulations administered by and constructed in accordance with permits obtained from the Wisconsin DNR.
· The number of residential units totaling 623 or less.
· Dry Hydrants are to be installed according to Town Fire Department and Engineering requirements.
Dave Patzeltalso reviewed the changes from the old plan to the new plan (See plan maps on file).
Supervisor Sessnerwas concerned about the residents that are in the northwest corner of the subdivision and the farm odor; will there be complaints from new residents?
Dave Patzelt did not feel there would be because it is an already existing property and the new residents would be aware of the farm.
Supervisor Bonsall wanted to be clear about the no curb around the green space.
Dave Patzelt explained that the no curb helps to filter the water run-off from the road into the green space so the salt, sand, oil, etc. gets filtered through the grass before going into the lake.
Chair Simons asked about how the drive ways would front.
Dave Patzelt explained a green strip was added and the driveways will have to be on the side of the home giving a street presence.
Chair Simons opened up the discussion to the audience.
Denise Gallagher of 219 Valencia was concerned about the wet detention, will there be stagnate water and mosquitoes, how will it be maintained, and landscaped.
Dave Patzelt all the areas are intended to be natural areas. Typically open water is a breading area for fish. The wet basin will hold some water a minimum of 5 feet of water which allows for aquatic life. The basins are designed to not promote algae growth. Once the homeowners association has been created it will be their responsibility to maintain.
Denise Gallagherasked being a natural basin would aquatic plants be planted around it and in it.
Dave Patzeltstated yes trees and plants, with maybe a path.
Denise Gallagher asked about the gate that is currently up if it would be kept up for access or no access.
Dave Patzelt stated that the homeowners on Valencia Drive have stated they do not want to have people from the subdivision to come down Valencia Drive. The subdivision was designed that way and the gate will be removed and a grassy natural area with trees will be constructed to prevent this.
Unknown: Is there going to be a construction road and traffic kept off of Valencia Drive.
Dave Patzeltsigns will be posted at Valencia Drive no construction traffic. They will try to be good neighbors.
Unknown asked if the trail would be a natural trail or would have a border or brick be put down.
Dave Patzelt stated it would be some type of pavement or gravel.
Donna Hopkins asked about the roads with a possible gate across for fire trucks to go into their subdivision and connecting the road from Schroeder to Valencia.
Chair Simons stated that was not one of the conditions.
Dave Patzelt stated there is a right of way to connect it from Shady to Schroeder, but he did not feel it was a good idea. Even if it is put in someone will try to get in there; he fells his loyalty is to the people on Valencia Drive.
Donna Hopkinsother concern is with the swale and children drowning.
Chair Simons asked if her concern was more that the detention is five feet deep.
Donna Hopkinsstated people with pools have to be fenced in and the Wal-Mart detentions are fenced in, why do subdivisions not have to be fenced to prevent a child from possible drowning.
Dave Patzelt felt that this was not any different than a lake, signs can be put up and that is what insurance is for. Even if fenced what is going to prevent someone from climbing the fence.
(b) Discussion: Variances for Robert Hehr, 4155 Finch Lane, (FHO 00017) to keep the existing location of the house and attached garage. (Plan Commission)
Chair Simons the current purchased the homeowner in the last year was informed the house and garage did not meet the setback limits. The Plan Commission voted unanimously to recommend to the board the five variances be granted by the County so the house would not have to be moved.
(c) Discussion: Ride Along Program (Police)
Chair Simonstalked about their roles as a Board and how their standard is higher than a citizen member. A situation may occur that the committee may pass and recommend to the board to pass an item. The Town Board needs to look at the situation and make a decision and has the right not to pass the recommendation of the committee. He felt that the committee co-chair has some concerns about the Ride-Along Policy and wants to share the concerns to the board. Just because a committee recommends to the board to pass an item does not mean the board has to pass it.
Supervisor Jedlicka felt a policy needs some guidelines and she does not see that. An example on the first page the purpose is to implement a safe riding policy. What are the ABC’s that in individual needs to do to be part of a ride-along program. Her suggestions are:
· Hours permitted to participate 10am to 7pm
· Number of riders in car
· Number of cars to have riders
· Length of time for request in advance (1 Week)
· Request form
· Police responsibilities
· Intern program
· No one under the age of 18
Supervisor Bonsall statedthis has been going on since September and we have lost one intern due to the wait. Chief Smith has put a lot of effort into this and has put in everything they need. He is looking out for the Police Department and the Town; there has not been a lawsuit since 1991.
Chair Simonsstated this came about because of an incident on a ride-along, if the child was not an officers’ son there could have been a lawsuit.
Supervisor Bonsall the police department takes care of their policy and it has been working for them. They have an intern that needs the credits to graduate and it needs to be moved to the board to get an OK. He did not feel you can cover everything in writing.
Chair Simons feelsthat not everything can be covered and an intern has missed the opportunity and that is the real world and it is a very good experience for the intern. Policies have to be place and in the real world there is question on the policy. He felt with something like this we should put forth our best effort and any concerns should be addressed. He asked Supervisor Bonsall if this did not come to the Town Board meeting or was asked to be revised more; would the committee be able to do that.
Supervisor Bonsall felt the committee would be divided and would not add much if sent back to committee.
Chair Simonssuggested possibly creating a special committee if the Police Committee could not come to a conclusion.
Supervisor Bonsall suggested Supervisor Jedlicka have all additions in writing.
Supervisor Jedlicka stated it was unfortunate that she could not meet with Chief Smith before the Police Committee with her suggestions and concerns. She feels really strong about the request form and no one under age of 18 due to the legalities for the Town.
Supervisor Bonsall asked if family members would be eliminated.
Supervisor Jedlicka stated only if they are under age 18.
Supervisor Bonsall did not feel that was fair.
Supervisor Militello asked what the internship consisted of.
Chief Smith stated a Gateway student that rides 20 shifts that counts as part of his/her school credit.
Supervisor Militello felt that would be an exception, because it was not covered in the Ride-Along policy. An intern would be the only person that belongs in the squad and an exception would have to be made.
Chief Smith stated there is tremendous amount of control given to the Chief. This policy has gone above and beyond and gives the Chief control.
Supervisor Militello asked if atime frame would work from 10am to 7pm, is there really a need to have someone in the squad late at night.
Chief Smith stated no if an officer wants to take their 16 year old son out to see what they do for a living and the office works 2pm to 11pm or 11pm to 7am you can take them out because they can only be out until 6pm. If a citizen wants to see what nights are like they are not going to see it from 10am to 7pm; it is a different world on the night shift.
Supervisor Militello asked how many times a citizen has asked to ride-along on a night shift.
Chief Smithstated half a dozen times. As far as children in a squad it is 99.9% an officer is showing their child how they do their job.
Supervisor Jedlicka askedChief Smith if he did not say that most of the requests are family and friends.
Chief Smithstated that is true.
Supervisor Sessner statedon page three it states any juvenile, should it not say 16 or 18 years old; page two says anyone under the age of 15. He stated that if someone were to have a company car, they would only be able to have customers as riders due to the liability. He feels that the only people that should be allowed to ride–along should be an intern.
Supervisor Jedlicka feels there should be further guidelines in the policy.
Chair Simons stated that if the committee does not feel that way and the majority of the board feels there should be additions to the policy a special committee should be formed.
Chief Smithstated in the Ordinance the Chief of Police has authority to create the policy.
Chair Simons stated that if two supervisors would like this on the agenda please let him know no later than Wednesday.
(d) Discussion: Lake Monitoring Program (Lake)
Chair Simons stated at the last Board meeting funds were approved out of the Lake Improvement Account to start the lake monitoring. It was agreed to $15,000 with the monitoring station to be place at the Hwy 50 Bridge. After consulting with the Engineer (USGS) and if only one is going to be put in they recommended placing the monitoring at Jackson Creek and Mound Road to be able to collect loading data. USGS is willing to expand the analysis of this to a total cost of $25,140 and USGS is willing to pick up the additional $10,000 of cost. They will put together a letter of agreement. We are still pursuing a grant with the EPA which will expand this by eight fold and we will have stations throughout the lake.
(e) Discussion: Attorney attendance at the January Board Meeting
No
9) Comments and Suggestions of Citizens Present
None
10)Time and date of next meeting: February 13th at 6:00 PM
11)Adjournment
Supervisor Sessnermade a motion to adjourn the meeting with a second by Supervisor Militello,motion carried.
Meeting adjourned at 7:20 P.M.
Submitted by Dixie Bernsteen
Archive
- May 07, 2012 Committee of the Whole Minutes
- Apr 09, 2012 Committee of the Whole Minutes
- Mar 12, 2012 Committee of the Whole Minutes
- Jan 09, 2012 Committee of the Whole Minutes