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April 17, 2007 Town Board Minutes
TOWN OF DELAVAN
Walworth County, Wisconsin
5621 Town Hall Road, Delavan, WI 53115
Phone: 262/728-3471 Fax: 262/728-3473
Hours: M-F 8:30 A.M. to 4:30 P.M.
Email: townchair@townofdelavan.com
WAYNE POLZIN, Town Chairman DIXIE BERNSTEEN, Clerk
VACANT, Supervisor PAT MORELLI, Treasurer
BILL ENDISCH, Supervisor
JAMES WOLFGRAM, Supervisor
KAY FRANZEN, Supervisor
Public Hearing
The Town of Delavan Town Board will hold a special Town Board meeting
in the Delavan Town Hall, 5621 Town Hall Road, Delavan, Wisconsin, on
Tuesday April 17 at 7 pm, for the purpose of Annexation into
DLSD.-Tully Glenmore
AGENDA:
1.Open of Public Hearing by Chair Polzin
2.Acceptance of record of publication and notice of mailing into the
hearing minutes.
The acceptance of record of publications
3.Acknowledgement of warren comments files
4.none
5.Objections, criticisms and objections of property owners as to the
necessity of the addition and the question of whether property will be
benefited by addition t district.
6.Comments of Department of commerce and DNR - None
7.Communications none
8.Comments and Suggestions of citizens present
Clancy Green: On behalf of the developer with John Jacobs and Stan
Lapels, property owners. This goes all the way if you are not
familiar to but I think you are from Tilden Ave from Delmar on Bailey
Rd which has got set up in sections, with 4 phases set up to develop.
Part of our Property is already in the Sanitary District. The
planning commission is already approved this to my knowledge (Chair)
of your holding ponds and the section that you can start first is
supposed to Bailey and F. That is correct, the area already in the
sanitary district.
This plan has been approved by the town for a preliminary plat it has
been zoned by the town and county city of Delavan waived on the 1.5
mile jurisdiction for extra territorial plan review, Village of
William Bay approved the extra territorial plan review. We are here
before you this evening requesting the balance of the property to be
annexed into the sanitary district; we have had several meeting with
Mr. Mc Kinnen the district is in favor of the annexation and working
with them as far as utilities and extension of utilities from Delmar
for this property.
Chair thought an extra territorial zoning the only way a village or
city could act on it is by calling a meeting of the extra territorial
zoning board which the town of Delavan has two members on it and
Williams bay unknown number of participants and I don’t know if I am
right on this belief or not. I thought in the past when they wanted
to exercise there extra territorial zoning rights within the 1.5 mile
of city limits, they could not do it on their own they had to have
input from town of Delavan that if they disagreed with them.
Both municipalities waived off on any concerns.
Mr. Mc Kinnen said Delavan waived on their right to it, and Williams
Bay approved it.
But I want to find out and this is a good time here as a legality of
it so we know in the future.
Attorney Harvey on this one Williams Bay waived any comment?
City of Delavan, there is an over lap along Highway F where Williams
bay jurisdiction and city of Delavan overlap. City of Delavan waived
on it because the Village of Williams Bay was commenting on it.
Attorney Harvey: Have they filed or comment on this else where
NO
If the town did approve first and then wend to other municipalities,
There is no indication in the statute that notice should be sent to
people with extra territorial zoning, and seeing that they have been
made aware of this, that was for the project not necessarily for the
annexation in DLSD
No But I don’t think the Chairman is speaking of that.
Chair Polzin when they come, the planning commission is strictly an
advisor the town board, they come in with their advice does not mean
that the town board has to follow their advice. It seems to me that
more and more stuff is coming to me with the extra territorial zoning,
we are not even here, and we are in some other country some place
because we are not involved in it, but I thought we were involved in
it when they were exercising that with the town of Delavan. That is
like a contract with one party.
Mr. Mc Kinnen, my understanding is what was reviewed by the Village
of Williams bay is subdivision plat, which I platted in that zoning.
And whether or not they spoke to the zoning issues during the rezone
process I do not know, they are two different things with two
different steps apply here. So do not confuse the two.
Chair Polzin Did we used to have meeting with ….
Mr. Mc Kinnen: at one time an extra territorial agreement with the
City of Elkhorn and Williams Bay whether not they are still in effect
I do not know.
Chair, if they were I would think that we would have to be included
in a meeting that they would have, not that it is going to affect this
project.
Mr. Mc Kinnen: I would think that with the respect to their rezone
the county at the county level if Williams Bay still had jurisdiction
the county would have been aware of that and that would have been
another stop for the development to go through.
Attorney Harvey: that seems reasonable too, any other information or
questions?
Jim Wolfgram Are these going to private or Public Streets?
Public deed to the town
I presume they have gone through the fire department
Yes, he was here one evening for a meeting and heard this comments.
Attorney Harvey made another suggestion would you ask that portion of
annexation has a-rose. Would you ask that they be made part of the
record in here also, that addresses the statutory stuff about whether
it is necessary public health safety will be promoted and property
that would be involved would benefited. You have not talked about it
now.
We would ask the petition be included in this public hearing.
Attorney Harvey Do you have anything that you might add on that I
am not begging for it, is anything else that occurs to you that you
would wish to add under comments about why promote convenience, health
safety welfare while doing this for benefit, other wise it will
benefit the people then.
The benefit is given the proximity to the lake as a desired situation
that their not be private septic systems out there. And with the
Proximity too the existing sanitary system it makes sense to connect
this project to the sanitary district.
Attorney Harvey: Mr. Mc Kinnen that is what you always recommend
for a subdivision.
That is correct it is part of the sewers service planning area for
that property to be included into the sewer service.
Chair Polzin It is my understanding that we cannot make a decision
on this tonight we will have to put on next months agenda for
discussion.
Attorney Harvey That is right, looking at the agenda versus what
needs to be done is you have 30 days after the conclusion of the
hearing to issue written funding and a decision on formation of the
addition.
Does that conclude of from doing this tonight?
Attorney Harvey No but it is not on the agenda for a decision.
Chair Polzin It has to be put on the agenda 24 hours before
meeting; if emergency it can 2 hours before meeting
Technical question when is our next meeting?
The 15th of May
Stan Lapels, that 30 days or will that be
Attorney Harvey that is 28 days out
Stan: Other wise I was going to suggest that we adjourn this meeting
until next month.
Attorney Harvey: you cannot adjourn this meeting, it has to be held
within 30 days and then 30 days there after you have to make a
decision, and so we are alright.
Chair Polzin: Next month it will go on the agenda for a decision from
the town board to approve or disapprove.
Attorney Harvey is there any reason why that should not work for
you tom?
None at all, I wanted to make sure we were not creating a problem
again by not moving ahead
Put on Agenda for next months meeting for decision to approve or
disapprove May 15th
9.Closing Public Hearing at 7:48PM
Motion made by Chair Polzin, second by Jim Wolfgram motion carried
unanimously