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August 4, 2007 MINUTES OF TOWN BOARD PUBLIC HEARING
MINUTES OF TOWN BOARD PUBLIC HEARING August 4, 2007 The Town of Delavan held a public hearing on Saturday, August 4, 2007 at 9:00 a.m. in the main meeting room at Town Hall, 5621 Town Hall Rd., Delavan, WI 53115 pursuant to Section 3.11 (1) Municipal Code and Section 66.0703, Wisconsin Statutes, to levy special assessments upon property benefited by the dredging of Brown’s Channel including but not limited to Brown’s Channel riparian owners and South Shore Manor property owners with deeded access to Brown’s Channel. Opening of Public Hearing at 9:05 AM. Acceptance of record publication and notice of mailing into the hearing minutes. Statements of interested persons, criticisms and objections of property owners as to the necessity of the dredging. Josh Davenport of Liesch gave an opening statement. Mary Knipper 2320 Lake Shore Drive. Has been involved in project for several years, is concerned all riparian owners from South Shore Dr to mouth of channel are to be benefiting from this. Was there a need to dredge Brown’s Channel all the way from South Shore Dr out to the mouth of the channel, was there a navigation issue all the way out and if so, was that arrived at with a sounding survey to see where the greatest sedimentation took place? Josh Davenport stated, “There was a survey done the entire length of the channel, sediment occurred over the entire portion of the channel also within a cove area closest to the lake was determined when they arrived at that point. When owner accelerate their boats as going out of the mouth of the channel has created mounding portions within the cove portion of the channel.” Mary Knipper, is the project 100% completed and are all the final costs in so the very final costs on the special assessment would be based? Josh stated, “Yes the project was completed as of Monday this last week.” Mary Knipper, on a special assessment the cost of conducting that special assessment and implementing is often or might be past on, is that part of this quote or is that an assessment that the town will incur by doing the special assessment will those also be passed on to South Shore Manor and Sunnydale? Attorney Wassel stated “that if the assessed owner pays up front there is not a special fee attached to the assessment. If the owner wishes to add it to their property taxes over a period of time there is a 1% over prime of what the town borrowed for administrative fees.” Ted Scibek 4308 East Dr, seawall fell after dredging. Roger Larson 2304 Lake Shore Drive, three parts in letter state that “Brown’s Channel is connected by a boat ramp and park. The park is not connected to Brown’s Bay or the Channel. (Diagram on file with Clerk) Everything other than 30’ boat ramp is privately owned. Letter states that 55% of cost would be part of assessment and feels boat ramp does not warrant the 55%. Ted Kasch 4421 Robbins Rd Sunnydale Subdivision, disappointed board did not know seawall had collapsed; the bay was never to be cleaned, had talked with previous Chairperson John Pelletier the bay was to be cleaned “shore line to shore line, nothing was ever told to owners that they were only going to clean the extra deposits that came in since the drawn down.” Very upset completion of project does not feel it is completed many things not done, have video tape of process. Can a gate be put up to prevent others coming into bay area? John Hipchen 4431 Robbins Road. Watched the whole process of dredging, never came near his property to be dredged. At a lake meeting it was told that a dredging of just the channel would be a waste of time because it would fill in within 2-3 years. What was needed is to go all the way back to wetland in order for this project to work properly, bringing in fresh water. Steve Mirando 4415 Robbins Road, has 200+ feet. Taped workers fighting the ice while working on project. Estimate for this project from the paper was $200,000 now at $300,000, who said it is, raised that much. Are you going on the amount of time they spent? Mike Ryan 2406 Lake Shore Dr, Was this put out to bid? Yes. Subdivision owners were not notified, a notice was posted a Brown’s. Owners did not get a certified letter to start project but did get one for bill. Has the engineer signed off on this and go back out and resurvey? Josh stated, yes. Owners would like to see sign off from engineer. Jane Royalty 4402 Orchard Dr. If this was a public improvement and was not necessarily needed to be notified, why are we paying for it privately? Attorney Wassel stated, “It is a special benefit as set forth in the engineering report.” Gene Norman 4307 West Dr. Only has access to boat ramp. Is that a final cost $1265.05per property? Is this is what I am expected to be assessed. Attorney Wassel stated, “If this is adopted by the Town Board.” Inez Dziedzic sheet entitled proposal cost allocation for Brown’s Channel, Delavan Lake property owner Dziedzic the fourth one down. Her assessment is incorrect; tax key 00093 on Orchard Street does not have deeded access to boat slip. Projected total assessment based on 25%of the cost is $1,265.05. Tax Key property 00089 on East Drive and the accompanying garage Tax key 00092 projected total assessments based upon 25% of cost should be $1,265.05, for deeded boat slip $412.75. Based on projected costs our assessment should be $2,942.85 not the $4,207.88. Felt one of the tax keys is a garage and should not be assessed. Felt it should have been done on per house. Attorney Wassel, the assessment is on a per parcel basis, whether it is vacant land or occupied land. Inez Dziedzic would like someone to get back to citizens about final resolution. Ron White 4201 Robbins Road. Started this 7 years ago and was told to go to Lake Committee and felt ignored. The problem started out to be $1000 to the cost now. Ann Becker 3602 South Shore Dr. Leisch spent time on property she is not being taxed, but felt all the time spent on her property and it was never used even though Leisch used their time and communication for a proposal purposes and used tax payer dollars. Felt many dollars were being wasted. Steve Barret 4200 Pleasant Street of Maplehurst Subdivision which starts at Meadowlark, Leisch used this portion of land for a drain off. No one was notified, it still had not been cleaned up. Felt it had been turned into a swamp. Steve’s wife has been calling Supervisor Wolfgram all summer long to get cleaned up. Supervisor Wolfgram stated, “That is due to natural run off. There is a drain being put in there to help alleviate the problem, but the town is waiting on DNR permits.” Gene Norman 4307 West Dr, what exactly am I going to be assessed? Ed Falkenberg 2327 Lake Shore Dr. Needs clarification, had inquired about combining tax key, if he were to combine lots into 1 lot would he be assessed at 1 or 2? Attorney Wassel, explained it would be 2 due to the fact that it has not been approved yet. Ron Cook 4406. If you take two lots and combine them into one tax key it is now 1 lot. Joan Freeman 4215 Robbins Road. Who is taking responsibility that the job is done and they (tax payers) are not getting ripped off? Is the town taking responsibility for that? Yes. Will we see the results of our evaluation before we agree to pay the bill? Supervisor Sessner suggested sending a notice to owners of what is being done and the final decision. John Hipchen, felt he did not benefit from project. Leisch should have not been paid. Attorney Wassel explained the maximum term of assessment is 10 years. Ron White 4201 Robbins Road. Since the town and lake association completely ignored the problem, his thought was the town should be more involved with the money. Chair Polzin asked how many years do they want to have assessment? The assessed value plus 1% above borrowed amount. Mary Knipper in future plans to keep south of the weir clean and I am correct that the town will the foot the bill to? If in deed that is not done and sediment resettles even in spite that the weir is cleaned. If your intent is not to catch us the next time it happens, which would be no fault of our own. How is that different than the problem we find ourselves in now? Attorney Wassel stated. “There is no precise answer to your question.” Citizen, Seawall was brought up months ago by Mary and nothing was done, she felt this is something that should be put into the minutes and available that the comment was made. It also came to her attention at that 2 property owners as a result of dredging, they do not have the kind of relief with access to the main body of the lake. This should have been anticipated with this dredging. One owner still is unable to get his boat off the slip. The project needs to be evaluated as to how much sediment was removed and where, and has there been a benefit to all owners? Many felt that there really was not a benefit to them. Ted Kasch, Robbins Road most of the people in this room are not residents and could the lake meeting be moved. Felt they were the only ones paying for this and was a bit ridiculous, when everyone on the lake benefits. Bernadine Hipchen 4431 Robbins Road. Other subdivisions do not contribute to the lake, they are drainage areas. Gordon Thompson 4420 East Dr. Assessment should be over 10 year period with no interest. The interest should be kept very low. Raise of hands showed most want 10 year assessment. Citizen, Fisherman going up and down channel from Illinois, which benefits everyone, why only property owners in that area have to pay? Citizen, Is the interest going to be on the balance? Citizen, Is the town paying off its portion right away? When does the Town of Delavan plan to pay their portion of this money? Attorney Wassel stated, “Is a legislative decision of the Town Board.” Citizen, This project is to better the water of whole lake, why is this not divided by everyone contributing to the lake. Attorney Wassel, Lake Lawn is in the City of Delavan and they contributed $75,000 last year. Determination was done by the engineering firm, based on the dynamics of who was getting the benefit and what the benefit was. Citizen, Everyone benefits from it why not spread it out? Citizen, Spread out costs to all lake owners. Bob Altman 4203 Robbins Road. Has attended several meeting, felt everyone was passing the buck for the DNR to the Lake Committee. It is not being sprayed, sediment is still by his dock, he is not happy with project, it is not finished, sediment still there. Stated, “this is only a band aid.” Dennis Royalty 4402 Orchard. The job was based on how many cubic yards taken out of the channel? Yes. If the job was done right we would be here arguing over $660,000. Mark Wetherling 4211 West Dr. Isn’t there any kind of government projects grants, being the lakes are so much a part of economy of the State of Wisconsin? Chair Polzin announced the County will be having a Household Clean Sweep September 21 & 22; information is on the back table if anyone interested. Attorney Wassel suggested tabling special meeting following for assessment resolution until we get more information from the engineering company. Supervisor Sessner suggested that the next town board decides to do a project like this that the owners should be here before the project is even started. Everyone is in agreement before the project is started. Ray Palumbo 4416 East Drive. Of the $339,000 how much is federally funded? None. Presented a letter from the sanitary district saying it will be beneficial to everyone on the lake. Then why are we being singled out on the channel? If it is beneficial to lake why not spread it out to all of town citizens. Chair Polzin closed of Public Hearing at 10: 40 Prepared and Submitted by: ______________________________________ Dixie Bernsteen, Town Clerk This meeting has been recorded and is available for purchase upon request.