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July 21, 2009 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF
July 21, 2009
The regular monthly meeting of the Town of Delavan Town Board was held
at Town Hall after due notice had been posted.
Chair Burwell called the meeting to order at 7:00 p.m.
Pledge of Allegiance
PRESENT:
Chair, Dorothy Burwell
Supervisor, Frank Jones
Supervisor, Barb Militello
Supervisor, Herb Sessner
Supervisor, Ryan Simons
Clerk Bernsteen stated that a quorum was present for doing business
Press: Mike Hoey
Audience: Approximately _19_ people
Approval of the Agenda
Supervisor Jones made a motion to approve the agenda with a second by
Supervisor Sessner; motion carried.
Approval of Minutes:
a. Public Hearing June 16, 2009
b. Town Board Meeting June 16, 2009
c. Special Town Board Meeting June 19, 2009.
Supervisor Jones made a motion to approve the minutes of Public
Hearing and Board Meeting of June 16, and Special Board Meetings June
19 with a second by Supervisor Simons; Supervisor Militello
abstaining from June 19 motion carried.
Communications:
Administrator Olson announced that the Community Beach is closed due
to an e-coli break out; water will be tested again and should have
results back by Thursday.
Comments and suggestions of citizens present regarding items on the
agenda:
Bob Nieuwenhuis asked if the Plan Commission members that were present
could make comments during business of item d; Chair Burwell stated
yes she would let them speak at that time.
Town Board Reports:
All committee and Town Reports are on file in the Town Hall Office.
a. Treasurer’s Monthly Report
Treasurer Duchemin stated that in the General Funds Account there is
$1,809,087.01 and in the other Special Funds there is $651,220.51.
Supervisor Militello made a motion to receive the report and place it
on file with a second by Supervisor Simons, motion carried.
b. Finance Committee recommendation regarding payment of monthly bills
check
Numbers 056747 to 056766, 056800 to 056829, 056864 to 056875,
056915 to 056946 and 056982 to 057047.
Supervisor Militello made a motion to approve payment of all bills
with the check numbers listed with a second by Supervisor Jones;
motion carried.
Old Business: None
New Business:
a. Discussion/possible action on Kettle Moraine Land Trust Proposal
Supervisor Jones felt this should be referred to Plan Commission for
further investigation. Supervisor Militello stated what the board did
for historical society, was in the budget. Does not feel we can give
now but put in budget for 2010. Supervisor Sessner likes the idea.
Supervisor Simons made a motion to refer to Plan Commission with a
second by Supervisor Militello. Mary Knipper stated this will not
give them enough time to do what they would like to this fall. They
had originally asked for $2800 and that will hold them through
September, but would like $5000. Motion carried.
b. Discussion/possible action on Staab detachment of Territory from
the City of Elkhorn to the Town of Delavan
Supervisor Jones made a motion on the recommendation of the Plan
Commission to approve Resolution # 7-2009 and to dispense with the
first reading and move to the second reading with a second by
Supervisor Simons; motion carried. Supervisor Jones made a motion to
dispense with second reading and approve Resolution # 7-2009 with a
second Supervisor Simons; motion carried.
c. Discussion/possible action on recommendation of the Plan Commission
to approve the Lake Prairie Business Park Conditional Use Permit
contingent on an operation maintenance agreement be created with the
engineer (Baxter & Woodman) and County Land Conservation and a letter
of credit per ordinance. Property adjacent to Hwy. 50 & CTH F (FLPB
00005 – 00026 and FLPB 00001 – 00004) zoned B2 (Commercial), R4
(Multi-Family) and R5A (Planned Residential) under County Zoning; R4
and R5A are conditional use (require permits).
Supervisor Jones made a motion on the recommendation of the Plan
Commission to approve Conditionals Use Permit for Lake Prairie
Business Park with the contingency that an operation maintenance
agreement be created with the engineer (Baxter & Woodman) and County
Land Conservation and a letter of credit per ordinance second by
Supervisor Sessner; motion carried.
d. Discussion/possible action on recommendation of the Plan Land Use
Plan
Reading the following statement in the form of a motion after more
than two years of consultation, meetings deliberations, and arguments
the Plan commission is ready to advise the Town of Delavan Board of
Supervisors that the commission is satisfied that the Land Use Plan we
are submitting meets the goals of the commission, and more
importantly, the super majority of citizens of the Town for planned,
rational, properly scaled development within the Town for the
for-see-able future. The Commission deliberations considered not only
the Town residents desires but also the Towns’ relationships with the
neighboring Cities, Villages and the County. The Plan Commission
therefore recommends that the Town of Delavan Board of Supervisors
vote to accept the plan, with two minor conditions:
1. That the area designated as future community park at the end of
Valencia Street be designated as a future SP (Special Purpose) area.
2. That the areas West of County Highway “F” between Highway “50” and
Mound Road be changed from Commercial Recreation to Agriculture.
Following the approval by the Town of Delavan Board of Supervisors,
the Land Use Plan should be submitted to the County Smart Growth
Committee for inclusion into the County Smart Growth Plan. Lastly, I
propose the minutes of tonight’s Town Board Meeting, pertaining to the
adoption of the Land Use Plan be officially included with the Land Use
Plan, as an addendum to provide further insight into the intent of the
plan by future person’s trying to discern the intent of the Board and
the Land Use Plan, with a second by Supervisor Simons. Supervisor
Militello asked how did the boundaries of the Sanitary District come
about and why are we trying to acknowledge that it does not exist?
Supervisor Jones read the following:
The plan that the Plan Commission is presenting for the Boards
approval tonight can be summarized as follows:
The plan presented is intended to provide a guide for the orderly use
of the lands within the Town. The majority of the Town’s residents,
in the commission’s opinion have repeatedly proven that they desire
the Town and for that matter the County to remain rural, recreational
and urban in nature with a relatively slow but steady growth as has
been the case for at least the last forty years. They do not desire
massive residential growth and they believe as does the commission
that industry and manufacturing belong in our neighboring cities and
villages where a full range of infrastructure is available to them.
The Commission has expended considerable effort in the development and
crafting of this plan to ensure that the plan is consistent with our
past Master Plan and that the plan conveys to future Town Boards, Plan
Commissions and Developers the previously stated goals.
It must also be understood that this plan is not cast in concrete and
reflects the community’s desires and attitudes during the present
period of time. Provisions in the Smart Growth Plan provide for
periodic review and modification of the plan. We the Plan commission
has learned from experience with the Towns’ Master Plan that this plan
should be revisited every five or ten years and that it should be a
living evolving document.
The ten year term may be most significant as that would correspond
with the term of boundary agreements it is hoped it will be negotiated
with our neighboring communities. Incidentally boundary agreements
are strongly encouraged in the Smart Growth Plan that we will be
voting on in September.
Now I want to address two subjects that have recently been raised as
concerns by the Town Chair and the Delavan Lake Sanitary District.
1. Concerned that the fact that the Sanitary District now encompasses
about one thousand acres of farm Agricultural land and environmental
corridor east of the Inlet.
2. Concerned that the Plan designates a goal limiting new residential
building permits to 30 units per year.
It would seem at the first glance that these are relatively minor
concerns. In point of fact, quite the opposite is true. These two
items actually are the core of the entire plan that we are submitting.
Our chair is advocating changing the land use designation in the area
encompassed by the Sanitary District Boundary from Agricultural land
to Development Holding. To change this amount of land to Development
Holding would immediately indicate to anyone studying the plan; more
specifically developers and realtors that the Town is receptive to
having the area developed. It would completely change the objective
of the plan and require a complete rewrite and total contrary to the
finding of the Plan Commission during the past two years.
The building permit limitation is a topic extensively discussed and
debated by the Plan Commission. A consensus was reached in that it
was felt that this was best and a more positive way to convey to those
interested in the plan that the Town of Delevan is not interested in
mass development within the Town. The details of the limit have not
been worked out at this time. The limit is intended to be a guide and
to convey a message. It is not intended to be a fixed and inflexible
number. There is much work to be done by the Towns’ lawyer to fairly
implement the limit recommendation and have it adopted as an
ordinance.
Now back to the Sanitary District Boundary. First, existence of the
boundary does not in any way signify a desire for the area encompassed
to be developed; it simply shows that the area surrounded is intended
to be included in the sewer service area if and when SEWERPAC
authorizes sewer installation. This is completely compatible with the
Plan Commissions stated policy of not allowing any un-sewered
subdivision development within the Delavan Lake Water Shed area.
Second, some numbers need to be considered: Presently the Town has
depending on density between 1200 and 2000 residential living units
zoned for building within its boundaries. In consideration of the
Plan Commission’s objective this is an adequate supply of housing lots
for 30 to 40 years. It is ludicrous to think that the Land Use Plan
should be provided for another approximated 1500 units in a new
development holding area.
Also we should consider the history of the District Boundary change.
It was changed by a previous Town Board at the request of a developer
who had submitted only basic conceptual plans for the area. The Board
did not ask for a recommendation from the Plan Commission nor even
purpose discussion of an annexation. Our Master Plan at the time also
showed that area is intended for Agriculture. The Town Board
authorized the annexation prematurely without proper consideration in
an effort obviously to assuage the developer’s desires.
This is important history in that it was wrong to change the boundary
at that time. It is wrong now to change the land use classification
from Agriculture; which our Master Plan has specified since it was
written to development holding; which is not the intention of the Plan
Commission at this time simply because the Sanitary District surrounds
it. The old parable: two wrongs do not make a right applies.
If you think this is an incongruity in the plan and requires action to
correct it the correct action would be to return the Sanitary District
Boundary to its previous location. The Sanitary District has
expressed some concerns that the district is presently taxing the
property owners. I agree that the tax is definitely misapplied as the
land is undeveloped Agricultural Land and rectify the injustices.
If you had any reservation about approving the Land Use Plan that the
Plan Commission has presented; I hope this summary has cleared up your
concerns and that you will vote to approve the Plan.
Chair Burwell thanked Supervisor Jones for his comments. She
addressed that the Town Board held a Public Hearing and determined
that expanding the DLSD territory service was in the public interest;
whether it was right or wrong it is what the Board did. The Sanitary
District is concerned about their planning process it adds
uncertainty. They are concerned about the size of their piping,
over-sizing would provide future service for the development which
includes property that is already developed for zoning at the lowest
cost to all rate payers within the Sanitary District. Chair Burwell
talked with City of Elkhorn and has agreed to listing that as a
holding area and was not a concern of theirs as lead to believe at the
Plan Commission, and Chair Burwell sees no problem in changing it, we
would be helping the Sanitary District and Elkhorn has no problem with
changing it, and we would be helping our neighbors. Supervisor Jones
stated that if the Sanitary District can read the plan and look at the
map that has been submitted and read the minutes from tonight’s
meeting, and still do not understand what the Towns intention is there
is something wrong. Chair Burwell stated that she did not believe
that, that is the Sanitary Districts problem. She believes their
problem is that in 20 -30 years, that property is developed, the pipes
would be undersized and the rate payers at that point would be subject
to digging up the pipes and replacing them. That is not good
planning. Supervisor Simons reiterated Supervisor Jones comment that
the Master Plan is the reflection of feed back that was received back
from citizens. The concern is that the optimal sizing of pipe for new
expansion, but that would be a cost of the developer. A developer
coming into the area, the Plan communicates to them what citizen’s
desire and if they want to change that there is a complicated process
they would have to go through and a result of that developer would
have to bear an added cost of additional infrastructure for the
Sanitary District. That is the message the citizens want us to send.
Supervisor Militello asked if the boundaries are left there is it not
the discretion of the Plan Commission and Town Board to what is
allowed there, that does not necessarily mean it opens up for 200-300
homes. Supervisor Jones stated no, that is the whole crux of what we
are doing. If you change the classification to development holding
that immediately puts it into a different class of development.
Supervisor Militello stated that if you are only limiting 30 homes a
year to build that becomes the discretion of the Plan Commission and
Town Board. If the boundaries were left it is up to the Plan
Commission and Board to make a decision. Supervisor Jones just did
not see the purpose of that. Supervisor Jones stated if you are in
agreement with the tenor of the conclusion with what the Plan
Commission has provided the 30 home limits, to reclassify that area is
a fools error, it would be 50 years before it would be developed.
Supervisor Militello asked if it possible Elkhorn could annex that
property? Supervisor Jones stated they can annex anything they want
to. Supervisor Militello stated what if they and chose to do so, and
built 200 homes there, then all of that is in the Town of Delavan and
they are driving down our roads and we do not have any say in any of
it. Supervisor Jones stated if you look at the plan it shows 1/3 of
the Town is open for development and that is not what the Land Use
Plan is saying, it says the opposite. Chair Burwell stated the Plan
can be changed but there is an expense to the Town and County. Chair
Burwell stated just because you put it into a holding area to reflect
that it is in the Sanitary District does not mean that it will be
rezoned or developed because Elkhorn has extra-territorial zoning
review of that and if they are opposed it will not happen. If they
are not it will be developed; the previous board held a public hearing
and at that hearing they did not hear from the citizens that it should
not be included, because they voted it to be included. Chair Burwell
has a problem with it being included and shown as Agricultural land.
The development of this is a total different discussion.
Don Hummel stated he thought part of his farm was in the Sanitary
District, but has no plans to build on it, but he could and the same
could happen over by Elkhorn. There is not enough property that has
been zoned for building in the Town and to add the City’s of Elkhorn
and Delavan, there is no one in here that is going to live long enough
to see the homes built.
Bob Nieuwenhuis stated he was appointed to the Plan Commission when
Dave Stebnitz was Chair and one of the things he said was to always
keep the advantage over the developer. The way to do that is not to
have that boundary in the Sanitary Sewer District, that was changed
because the developer requested it and was to come before the Board
with a plan for development, and the plan has never been seen. That
developer could sell that property to someone else and makes it more
marketable if in the Sewer District. Chair Burwell stated she
understands what he is trying to say but it has already been approved
by the Town Board and she does not know how to undo what has
previously been done. As for Mr. Hummel she would point out if he is
in the Sanitary District, it would be a future plan of the City of
Delavan. Mr. Hummel stated it did not make any difference it all goes
down the sewer. Do these people pay a value added tax to have that
blue dotted line around the property? Supervisor Jones stated he did
not know he would have to ask the Sanitary District. The Plan
Commission’s intent is to not have any development there for as long
as we can reasonably talk about and to have to pay Sanitary Taxes on
that land is really an injustice.
Administrator Olson stated that John Pelletier asked that he emphasize
his written comments and on the behalf of the Sanitary District
proposing the 30 limit average and leaving the land Agricultural.
Chair Burwell made a motion to amend the plan to include the land that
is in the Sanitary District as a development holding area as she has
discussed with the Elkhorn City Administrator with a second by
Supervisor Militello.
Carla Wojtowicz stated she fells we need listen to the people and her
recommendation is to keep this as Agricultural land. Chair Burwell
stated that she would not argue with that but the previous Board at a
previous public hearing accepted that into the Sanitary District and
that is what reality is.
Supervisor Jones stated that there is no need because it is
encompassed by that Sanitary District Boundary which is not actually a
boundary at this time, it has not been approved by SEWERPAC and will
not be approved by SEWERPAC until the land has been designated by
development, one of the things that SEWERPAC will consider is that you
change the designation on it. If you tell them that it is now being
considered for development that it will influence their decision
whether to certify that boundary? Supervisor Jones sees no reason
because the boundary is there that the land inside the boundary why
the classification has to be changed. He does not advocate changing
the boundary only the classification. Chair Burwell stated Supervisor
Jones must not have been informed by the Board as to what the Town
Board did and was unfortunate when the public hearing was held that
people were not there to object. Supervisor Jones state that they did
not go through the proper procedure.
Chair Burwell called for the vote on the amendment. Supervisor Simons
asked that all agricultural area that is encompassing in the Delavan
Sanitary District boundary be changed to development holding area or
just the area a developer has come to us to be developed. Chair
Burwell stated it is her understanding that is the only boundary
affected. Chair Burwell stated that yes her motion would be
encompassing in the Delavan Sanitary District boundary be changed to
Development Holding area, motion carried 3-2 with Supervisor Jones and
Supervisor Simons voting Nay.
Chair Burwell asked for the original motion with the City of Delavan
change request. Supervisor Jones asked that go back to the Plan
Commission for review. Supervisor Jones and Supervisor Simons
withdrew their original motion. No new motion. Chair Burwell made a
motion to approve the Land Use Plan encompassing the City of Delavan
request on the property as discussed in Supervisor Jones motion;
motion failed for a second. Supervisor Simons made a motion to adopt
the Plan as recommend by the Plan Commission with the only change
being the park classification and the designation of County “F” back
to Agricultural Land, roll call vote Chair Burwell Nay, Supervisor
Jones Yea, Supervisor Militello Nay, Supervisor Sessner Nay,
Supervisor Simons Yea, motion failed 3-2.
Supervisor Sessner made a motion to table and hold a Special Town
Board Meeting with a second by Supervisor Militello.
Don Hummel stated for all the hours the commission puts in and it all
gets passed over. Chair Burwell stated that the only question on the
property that was annexed into the sanitary district by a prior Town
Board, she was not sure what the process would be to take that line
out, and she was not sure how liable the Town would be because they
had already approved something, that is where she is struggling. Don
Hummel stated maybe it should be investigated. Chair Burwell stated
that the line either be removed or reflect that it is a Development
Holding area. Supervisor Jones stated you have six commission members
that do not believe that. Chair Burwell stated she understands that
but as a Board member she has to make that decision and in all good
consciousness; she cannot make that decision unless she knows that the
line can be taken off; then she can agree to Agricultural, it has to
be realistic plan. A legal opinion needs to be found out if it could
be taken off. Supervisor Jones stated that he would be happy to take
it off, but did not see a reason for taking it off.
Supervisor Militello made a motion to table to ask for legal advice
with a second by Chair Burwell motion carried.
e. Discussion/possible action on the recommendation of the
Administrative Committee to approve Resolution # 6.2009 Expense
Reimbursement
Supervisor Jones made a motion to approve Resolution # 6.2009;
Supervisor Jones read Resolution # 6-2009; motion seconded by
Supervisor Militello; motion carried.
Supervisor Jones made a motion to dispense with the second reading and
to approve Resolution # 6-2009 with a second by Supervisor Militello;
motion carried.
f. Discussion/possible action on the recommendation of the Police &
Water Safety Committee to approve the Goose Hunting in the Community
Park
Chair Burwell made a motion to approve the Goose Hunting in the
Community Park from sunrise to 7:00 A.M and to exclude Labor Day
weekend from the hunt; with a second by Supervisor Simons; motion
carried.
Comments and Suggestions of Citizens Present.
Jim Wolfgram asked about the Borg Road bridge replacement,
Administrator Olson has been in contact with Mark Wendorf but is not
sure where Delavan is at. Administrator Olson will call Mark in the
City of Delavan. Was concerned because there is 100% funding with the
stimulus package and wanted to be sure we did not miss out on it.
Adjournment
Supervisor Sessner Supervisor Militello
Supervisor Sessner made a motion to adjourn the meeting with a second
by Supervisor Militello, motion carried.
Chair Burwell adjourned the meeting at 8:12 p.m.
Prepared and submitted by:
______________________________________
Dixie Bernsteen, Town Clerk