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May 31, 2008 Special Meeting- Brown's Channel

MINUTES OF SPECIAL TOWN BOARD MEETING OF
	May 31, 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 9:00 A.M.
Chair Polzin stated all were present.

PRESENT;					ALSO PRESENT;		
Chair, Wayne Polzin 				Clerk, Dixie Bernsteen
Supervisor, Kay Franzen			Administrator, John Olson
Supervisor, Jim Wolfgram			Town Attorney, Steve Wassel     
Supervisor, Frank Jones			Treasurer, Patricia Morelli - Excused	 
Supervisor, Barb Militello				 

Pledge of Allegiance
Declaration of a quorum for doing business was called by Chair
Polzin
Comments and suggestions of citizens present:  None
Discussion possible action authorizing the levy of a special
assessments for property benefited by the dredging of Browns Channel. 
Resolution #4-2008
Daniel Necci attorney for Seymor, Kremere, Nommensen, Morrisy & Koch
representing Ted and Marilyn Scibeck,  property located at 4403 East
Drive, while Scibeck wintering in FL they returned to find concrete
seawall fallen into the channel, could have been due to dredging.  The
Scibeck’s do not challenge that they did not benefit from the
dredging. Chair Polzin asked if they were at the Public Hearing and
Attorney Necci stated yes.  Josh Davenport of Leisch stated that this
had been addressed to the Lake Committee with a letter and he felt the
damage was caused by not having proper foundation under the seawall
into the hard sediment.  Attorney Necci said they are asking for mercy
for equity for fairness.  Attorney Wassel stated the engineering
report was prepared properly and was not deficient.  This claim has
been dealt with section 893.80in writing by the property owner with in
120 days of the act or omission.  Chair Polzin stated they need to
file a complaint with the town.  Ted Kasch, 4421 Robbins Road asked
why this is being a special assessment he recalled being at a special
lake meeting and this is nothing but a maintenance procedure. 
Sanitary Department has stated in the past this would have to be done
every 10-15 years and if that is the case why are they being assessed.
 If an 80/20 rule applied to residents of Brown’s Channel what is
going to happen to the Inlet. His suggestion was to put all projects
into the 80/20 rule into law. Chair Polzin stated the Inlet will not
be dredged from side to side, if property owners in the Inlet will be
assessed special for any extra dredging near their properties. 
Attorney Wassel stated this board in not going to act on what they may
or may not do in the inlet.  This report was prepared by the engineer
on project, which came about on a resolution.  Nancy Epson 2407 Manor
Lane asked who made the analysis that the residents of South Shore
Manor would benefit from it.  Attorney Wassel stated there is a
difference between a special benefit and a general benefit.  The
citizens of Brown’s Channel received a special benefit due to the fact
that they will be getting more benefit out of having the channel
dredged than everyone from the town.  Nancy disagreed; first it was
dredge to the end.  Mary Knipper stated her and Ron Twait had been
noticing over a period of time the contributory had been filling in. 
The concern was that they were not getting the filtering that had been
in the past.  On rainy occasions there were muddy cluves coming down
Brown’s Channel going into the Lake that could be seen on a regular
basis.  Mary and Ron had also called the DNR and County and asked if
they would evaluate the contributory that is what triggered this
process.  Mary did not recall that anyone asked to have the channel
dredged.  Mike Claus 4321 East Drive is part of the boat owners
association and has put in the pier for several years, when going out
in the past had no problem; now when he goes in 8 feet he sinks
approximately into 2 feet of sediment, this problem was never there
before the dredging.  Ted Kasch has noticed there is more sediment
coming in on his 86 feet and would like to know what will be done.
Supervisor Wolfgram stated there is a plan to have that cleaned out
yearly with a special permit from the DNR.  Ted Kasch stated there was
no public hearing before the project was done only after the fact; he
was upset that they were not told upfront.  Gene Graham 4433 Robbins
Road – FSU 00017 when assessed by the assessor was assessed as being
100% on the lake, now is being taxed as being on the channel.  Gene
Norman 4402 West Drive what is his assessment?  Roger Larson 2304 Lake
Shore Drive FSS0003 was wondering about his portion of his lot that is
considered a park.  Mr. Larson was advised to put his claim in
writing.   Chair Polzin dispenses with first reading of Resolution
4-2008 and approve as drawn second by Supervisor Wolfgram motion
carried unanimously Supervisor Jones made a motion to dispense with
second reading and adopt the resolution upon attorney and engineering
review, Supervisor Wolfgram second motion was carried unanimously. 
Mike Claus asked how many years this would be amortized.  This will be
amortized over 10 years or citizens the opportunity to pay in full by
1/31/09.

Adjournment
Supervisor Wolfgram made a motion to adjourn with a second by
Supervisor Jones.  Motion carried unanimously.

Chair Polzin adjourned the meeting at 9:44 AM


Prepared and submitted by:					


______________________________________	
Dixie Bernsteen, Town Clerk

Archive

December 16, 2008 Town Board Meeting

November 18, 2008 Town Board Meeting

October 29, 2008 Special Town Meeting

October 21, 2008 Town Board Meeting

September 16, 2008 Town Board Meeting

August 19, 2008 Town Board Meeting

July 15, 2008 Town Board Meeting

July 2, 2008 Special Meeting - Bids

June 17, 2008 Town Board Meeting

June 11, 2008 Special Town Meeting

May 31, 2008 Special Meeting- Brown's Channel