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June 17, 2008 Town Board Meeting
MINUTES OF TOWN BOARD MEETING OF June 17, 2008 The regular monthly meeting of the Town of Delavan Town Board was held at Town Hall after due notice had been posted. Chair Polzin called the meeting to order at 6:00 p.m. Pledge of Allegiance Chair Polzin stated all were present with the exception of Supervisor Jones. Chair Polzin declared there was a quorum present for doing business. Press: Mike Hoey Audience: Approximately _15_ people Communications: a. None Comments and suggestions of citizens present: Ed Brien of DLSD Commission stated they had a meeting this morning with some citizens of the Inlet Oaks. From the discussion of the meeting the DLSD would like to create a joint committee with the Town and County to see what can be done about the run off from the farms north of the Inlet Oaks Subdivision. The commission felt if everyone worked together the committee could help save tax payers money. The DLSD felt that before the road projects were to go forward the water problem should be solved first. Chair Polzin disagreed to all of the problems and stated that our engineer also agreed. There are too many blocked or clogged culverts that need to be fixed. Chair Polzin would rather see just where the water is coming from after the culverts have been repaired before fixing the water problem. Ed Brien felt the DLSD could have a joint meeting (DLSD, Town, County) to see if applying for grants or through special assessment would help pay for this work to be done. Ed Brien stated, “Wasn’t it stated at the public works meeting that the roads did need to be repaired but could wait year or two?” Mark Kolczaski stated he did make that statement; and that we are looking at two different types of drain problems; the surface problems that is run off of the farms and high ground water. Mark Kolczaski also stated that in a perfect world it would be great to solve the problems before repairing the roads, but it is a time issue. He felt there was no way that it could all be done this year. Chair Polzin stated it would take more than one year to make all of this happen, once easements and special assessments are done. Ed Brien did agree with Chair Polzin that it is a long term solution and it was not going to happen overnight. The Commission thought that they could get together with the different governmental bodies (Town, DLSD, and County) and discuss and possibly figure out some solution to the water and hold back the road project. Ed Brien asked if a representative or the town would be willing to sit down with the DLSD and County at any given time or set a date. Chair Polzin did not see where the County fit into all of this. Chair Polzin stated the DLSD needs to have a plan on what the DLSD is going to do as the water rises. Once that is done notify the town and have an emergency meeting and figure what needs to be done. Chair Polzin stated that on Wednesday at the special meeting he (Mr. Brien) was for the project. Ed Brien stated that on Wednesday we did not have this situation. Chair Polzin felt that we should find out what we are going to do if this should happen again. Ed Brien stated that the only thing wrong with the lift station is the capacity for the weekend. Clerk Bernsteen interrupted the Chair to state that this was turning into a discussion and Comments and Suggestions is just that, “a comment or suggestion” this is turning into a discussion which should not be. Chair Polzin stated he was not going to make any decisions. Clerk Bernsteen stated she realized that but you are still discussing it, it is comments and suggestions and there should be not discussion. Chair Polzin stated that the discussion was legal. Connie Lindloff stated that when considering the water problem to consider piping water from Hwy 50 to Hwy F; she is for fixing the inlet but the project should be done properly. Connie Lindloff did not feel that it was being done properly by spending $300,000 and you still have a water issue once the drains are completed. Chair Polzin stated they do know that there is still going to be a water problem. Dan Heath’s suggestion was to explore with three entity’s County, Town and DLSD. Chair Polzin stated that he did not want to hear what he had read the other night. Dan Heath stated that is not the case and he was at the DLSD meeting this morning and felt it was paramount to the property owners, voters and citizens of the Inlet Oaks and he is one of those people. Dan Heath also stated that his basement had only flooded in the last 10 years over the June 5th rains, and that others in his neighborhood also only flooded due to the last rains. Dan Heath felt that they were all only experiencing surface area runoff and the only reason for a fact that everyone experienced flooding was due to the surface area run off. Dan Heath is asking that the Town Board to enter into the cooperation with the DLSD and County to explore the problem. Administrator Olson stated that John Pelletier asked to be represented and desires the board to pursue drainage solution before roads in inlet. Approval of Minutes: a. Minutes of Special Town Board Meeting May 20, 2008 b. Minutes of Town Board Meeting May 20, 2008 c. Minutes of Town Work Meeting June 11, 2008 d. Minutes of Special Town Meeting June 11, 2008 No action Supervisor Franzen stated she would abstain from voting on the June 11th meetings due to her being excused. Supervisor Militello made a motion to approve the minutes of May 20, 2008 Town Board and Special Town Board Meeting and June 11th Work Meeting as written with a second by Supervisor Wolfgram, motion carried unanimously. Town Board Reports: All committee and Town Reports are on file in the Town Hall Office. Treasurer’s Monthly Report: Treasurer Morelli gave the Treasurer’s report all general purpose account is $2,387,721.07; Lake Project pending audit expenditures adjustments is $651,592.64. Supervisor Militello made a motion to receive the Treasurer’s report as printed and place it on file in Town Hall with a second from Supervisor Franzen, the motion carried unanimously. Finance Committee Recommendation Regarding Payment of Monthly Bills: Supervisor Militello made a motion to pay monthly bills, check numbers 052244 to 052274, 052428 to 052507 with a second from Supervisor Wolfgram the motion carried unanimously. Old Business: None New Business: a. Discussion/possible action on recommendation of the Plan Commission to approve Conditional Use and Rezone of R2A to B2 to the property of Joseph Golf Tax Key Number FIN3 00092, located at 520 Eagle Street. Chair Polzin made motion to approve the conditional use and rezone of R2A to B2 to the property of Joseph Golf Tax Key Number FIN 3 00092 located at 520 Eagle Street with a second by Supervisor Militello, motion carried unanimously. b. Discussion/possible action on recommendation of the Plan Commission to approve CSM for Donald and Cynthia Schultz located at 1437 Lily and Steve Peterson of 1510 South Shore Dr. Chair Polzin made a motion to approve CSM for Donald and Cynthia Schultz located at 1437 Lily and Steve Peterson of 1510 South Shore Dr. with a second by Supervisor Militello, motion carried unanimously. c. Discussion/possible action on recommendation of the Administrative Committee to approve the annual Liquor License for the following businesses: Business Name Agent Name Business Address Inn-Between Bar & Grill Matthew Sloan 1522 Beckman Dr Bob's Beach Shack Robert Lee 5678 Highway 50 Brown's Market & Liquor Store Connie Lindloff 3714 S. Shore Dr. Cattails Richard Szczepanski 2517 N. Shore Dr. Delavan Entertainment Center Karmelite Fazlovic 5574 Highway 50 Delavan Lake Resort J Stephen Littig 1505 S. Shore Dr. Delavan Lake Yacht Club Steve John Meston 1501 Cedar Point Dr. End Zone Sports Bar & Grill Jon Kasnick 4112 Bluegill Rd. Margot's Dining, LLC Vera Graf 4009 S. Shore Dr Fred's Wagon Wheel Frederick Hennerley 2891 County Road O South Lake Front Liquors/Mobil Gill, Deepak 3508 Highway 50 Virna's Pizzeria Jose Cudemos 5610 Highway 50 Matt's Hogan's Goat Matthew Clark Miller 2028 N. Shore Dr. Maxi Shell Bhvana M Patel 514 Highway 50 Mulligan's Sport's Bar & Grill Arben Useni 188 Highway 50 North Shore Bar & Grill Karyn Rossi 2001 N. Shore Dr. Scoop's Place Maria Marsala 2645 County O South Pirates Cove Brent Kendal 622 Highway 50 Budget Banquets LLC Paul Demchenko 548 Delavan Dr Sportsman's Park Matthew Loch 3552 Highway 50 Village Supper Club David Marsicano 1725 S. Shore Dr. Waterfront Pub and Eatery Joey Scholle Torkelson 408 Highway 50 Supervisor Franzen made a motion to approve the annual Liquor License for the above list of businesses, with a second by Supervisor Militello, motion carried unanimously. d. Discussion/possible action on recommendation of the Lake Committee to change Mr. Graham’s property (Tax Key # FSU 00017) special assessment for Brown’s Channel to pay only indirect access due to his property being totally on the lake according to the assessment. Supervisor Wolfgram made a motion to change Mr. Graham’s property (Tax Key # FSU 00017) special assessment for Brown’s Channel to pay only indirect access due to his property being totally on the lake with a second by Supervisor Militello, motion carried unanimously. e. Discussion/possible action on recommendation of the Lake Committee to approve the engineering service agreement from Baxter-Woodman related to the South Shore Manor drainage swale. Supervisor Wolfgram made a motion to approve the engineering service agreement from Baxter-Woodman related to the South Shore Manor drainage swale with a second by Supervisor Franzen, motion carried unanimously. f. Discussion/possible action on recommendation of the Lake Committee for Baxter-Woodman (Steve Zehner) to work with the DNR and Administrator Olson apply for permits to have Mound Road and the Channel to be maintained (sediment) on an annual basis. Supervisor Wolfgram made a motion to approve Baxter-Woodman (Steve Zehner) to work with the DNR and Administrator Olson apply for permits to have Mound Road and Brown’s Channel to be maintained (sediment) on an annual basis with a second Supervisor Franzen, motion carried unanimously. g. Discussion/possible action on recommendation of the Lake committee to appoint Dan Lamanski as temporary replacement of Don Holst to serve at the committee meetings. Supervisor Wolfgram made a motion to appoint Dan Lamanski as temporary replacement of Don Holst to serve at the committee meetings with a second by Supervisor Franzen, motion carried unanimously. h. Discussion/possible action on recommendation of the Park committee to: i. Create ordinance (287) to require the Town Board to adopt a resolution setting forth a fee schedule for the use of Delavan parks, boat launch fees and related matters. Supervisor Franzen made a motion to dispense with first reading of Ordinance # 287 and pass to the second reading with a second by Supervisor Wolfgram. Supervisor Franzen made a motion to dispense with the second reading of Ordinance # 287 and adopt as published with a second by Supervisor Militello, motion carried unanimously. ii. Create a resolution (3-2008) mandate that the Town Board adopt a fee schedule for the use of the Town of Delavan Park, boat and launch fees and related matters and adopting a uniform schedule for the use of the Town of Delavan Community Park facilities. Supervisor Franzen made a motion to dispense with first reading of Resolution # 3-2008 and pass to the second reading with a second by Supervisor Wolfgram. Supervisor Franzen made a motion to dispense with the second reading of Resolution # 3-2008 and adopt as published with a second by Supervisor Wolfgram, motion carried unanimously. iii. Create an ordinance (288) to set forth penalties for nonpayment of prescribed fees. Supervisor Franzen made a motion to dispense with first reading of Ordinance # 288 and pass to the second reading with a second by Supervisor Militello. Supervisor Franzen made a motion to dispense with the second reading of Ordinance # 288 and adopt as published with a second by Supervisor Militello, motion carried unanimously. iv. Create a resolution (4-2008) to facilitate a water ski exhibition as part of its Independence Day Celebration and is likely to create a violation of certain provision of the Town of Delavan Municipal Code regarding lake use, the town shall temporarily suspend the enforcement of certain lake use restrictions for the purposes of allowing the water ski exhibition to proceed. Supervisor Franzen made a motion to dispense with first reading of Resolution # 4-2008 and pass to the second reading with a second by Supervisor Militello. Supervisor Franzen made a motion to dispense with the second reading of Resolution # 4-2008 and adopt as published with a second by Supervisor Wolfgram, motion carried unanimously. Supervisor Wolfgram made a motion to deviate from agenda and go back to Comments and Suggestions with a second by Supervisor Militello motion carried unanimously. Supervisor Wolfgram stated he received a letter from Edward Claire of the Yacht club. The Delavan Lake Yacht Club would like the blessing of the Town Board to allow them to have temporary moorings (Woodlawn Bay) for their Regatta being held on July 10-12. Supervisor Militello made a motion deviate and go back to Adjournment with a second by Supervisor Franzen. Adjournment Supervisor Wolfgram made a motion to adjourn the meeting with a second from Supervisor Militello, motion carried unanimously. Chair Polzin adjourned the meeting at 7:13 P.M. Prepared and submitted by: ______________________________________ Dixie Bernsteen, Town Clerk