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September 20, 2007 Town Board Minutes
Minutes of Town Board Meeting September 20, 2007 Call to order at 7:00PM by Chair Polzin Roll Call by Clerk Bernsteen Wayne K Polzin, Town Chairman Dixie Bernsteen, Clerk Jim Wolfgram, Supervisor Excused Pat Morelli, Treasurer Excused Kay Franzen, Supervisor Steve Wassel, Attorney Frank Jones, Supervisor Herb Sessner, Supervisor Excused Press: Mike Hoey Audience: Approximately 28 People Declaration of a Quorum present for doing business by Chair Polzin. Communications Chair Polzin read an article (On File) from newspaper about several places like Westshire in the Wauwatosa and Madison area, that were denied tax exempt status due to their not being a full facility. Supervisor Jones investigated Peek Inn, he contacted County to see if the building could be removed without having it rebuilt in its original foot print in a specified period of time. County said there is no way to negotiate with them to delay the building. We have two options: Ask them to tear it down, which they would have to rebuild it within a year or the building inspector can condemn it. Also he had a complaint on possible conditional use violation on County F and Hwy 11. It is in the extraterritorial zoning area with Elkhorn. Elkhorn has jurisdiction over it. Will be handled by ETZ Committee. Someone is interested in Dr. Thomas property on Glen Eyrie Subdivision. It has been before the Planning Commission several times trying to get a land division. There have been numerous reasons why this has been denied. Possible new owners wanted to know what the problems were and Supervisor Jones informed them. Suggested to approach Glen Eyrie Subdivision and have the property incorporated into the subdivision. Chair Polzin stated all officials are required to take a NIMS class, and there is one held on Monday Night from 6:00-10:00 P.M. Clerk Bernsteen read letter from Carla Wojtowicz (on file) about Covered Bridge Subdivision. Chair Polzin commented that the information was completely false, that Chair Polzin is not working with the developer. Developer came to Public Works meeting and was told that if a road was not put on North Walworth Road, don’t expect to put one on South Shore Drive. Supervisor Jones wrote a letter stating how the Town feels about the project. Citizen stated that the developer said he was working with Chair Polzin of Delavan. A statement was made that the road was jointly owned. Carla showed a map (On File) and stated the developer said there would be no run offs. She is willing to pass around petitions if needed and has gone to DLSD meeting and found that they are considering passing R5 zoning for the project. She stated that is one thing we are against. There is an October 18 tentative zoning meeting that needs to be attended by the Delavan Board and those concerned. Chair Polzin stated that the developer can not do anything with the zoning. Ed Brien stated as far as the DLSD services will be provided by them for that portion of Walworth but has to be annexed into the district. Attorney Wassel stated if the property is sought to be annexed into the district, the Town Board can pose conditions upon the annexation or refuse to annex. If the projects gets to that point and developer is insistent on putting a road on South Shore Drive, the board may not annex the property into the district. That is one of the potential controls. Carla Wojtowicz stated that a majority of the Town of Walworth does not want this project. It is the three board members who are going ahead with it and making the decision. One of the board members is a board director for Walworth State Bank and will give them some of the funds. The gentleman (Larry Austin) is stating that that is not a conflict of interest. The developer has not presented anything to the DNR or Storm Water Committee. Supervisor Jones clarified what his letter said. It did not oppose the subdivision, but did inform the Town of Walworth the policy of the Town of Delavan, any development that takes place in the drainage basin for Delavan Lake must have sewer. South Shore Drive is not a collector road, and the Town of Delavan does not want traffic entering and exiting the subdivision onto South Shore as it would be detrimental to the quality of life of the Town of Delavan residents. Advised them to pay strict attention to County and DNR as far as storm water management. The standards by County and the DNR are to be considered minimum standards, and every effort should be taken and exceeded. The water from subdivisions into Delavan Lake must be pristine pure. Dorothy Burwell stated that the rezone petition that was alluded to, won’t go to the County, and she has gotten calls along with County Zoning. She urges that when it is on the County for public hearing (October 18), as a County resident you have the right to express your opinion. Chair Polzin stated we are not going to fool around with this like the Shodeen Development, “with the Shodeen Development I would have had one meeting until he got his zoning in place and then meet again”. To meet for 18 months and accomplish nothing is ridiculous. It wasted a lot of time, Board Members, Peoples time and cost money. Chair Polzin stated that you can be rest assured that the Town Board and the Planning Commission will be well aware of what they are doing and how it could affect us. We will try to keep you updated even if you do not come, we have the newspaper here and we will keep them informed. Clerk Bernsteen stated Paul Demchenko (Roller Rink) sent in letter not to put his Planning Commission request on the agenda to be denied. Comments and suggestion of citizens present. Dorothy Burwell stated last month at Town Board meeting we were dealing with the high lake elevation and slow no wake, it was her understanding that the Board could not post a slow no wake because there was not an ordinance and the allegation was it would take 2 years to get through the DNR. She was surprised to learn that there is provision in Wisconsin Statute 166.23 that provides for such a situation. She was surprised the Town Attorney did not bring that up. The Town LaGrange had an emergency meeting and passed an ordinance to do exactly that. I would hope that the Town would look into that and enact that kind of ordinance so the Town is covered for future emergencies. Chair Polzin stated it will be done this winter. Attorney Wassel stated what happened was that DNR had state wide issues that were going to issue an executive order that allowed for emergencies to be declared. Ultimately it was handled and did not require anything to be done. Effectively all the Board had to do is pick up the phone and call DNR and say this is what we are doing, as long as the Town called them back to let them know the restriction had been lifted. Dorothy Burwell stated that there is a statute and it could have been done in a timely manner. Mrs. Stuart stated she was concerned about the article in the paper about Mrs. Bernsteen’s computer. She was wondering if her computer is password protected. Clerk Bernsteen, stated yes. Mrs. Stuart stated then if there was information on her computer that needed to be known, why she wasn’t asked about this instead of having it confiscated. It sounds intriguing and I was wondering what happened. Chair Polzin no comment on it, it is still under investigation. Until the investigation is completely cleared, Chair Polzin stated that he could not answer the questions for her because he did not know. When Chair Polzin finds out what it is and when the investigation is done then the board can make a comment on it. Until then the board is not going to make them liable for saying something that should not be said. Approval of Minutes: 1.Town Board Work Minutes of August 15, 2007 2.Special Town Board Work Minutes of August 15, 2007 3.Town Board Work Minutes of September 12, 2007 4.Town Board Meeting August 21, 2007 Supervisor Jones made a motion to dispense with the reading of Town Board Work Minutes of August 15, 2007 and Special Town Board Work Minutes of August 15, 2007 and accepts them as presented; second by Supervisor Franzen motion carried unanimously. Supervisor Jones made a motion to dispense reading of Town Board Work Minutes of September 12, 2007, Town Board Meeting August 21, 2007 to accept with corrections; second by Supervisor Franzen motion carried unanimously. Town Board Reports: All Committee and Town reports are on file in the Town Office. 1.Treasurer’s Monthly Report Clerk Bernsteen: gave the Treasurers report Total Saving Account $1,419,315.03, Checking Account $1,210,762.20, Total General Purpose Account $2,630,077.33. Chair Polzin made a motion to receive the Treasurers report and place on file, second by Supervisor Franzen motion carried unanimously. 2.Finance Committee recommendation regarding payment of monthly bills check numbers 49033 to 49130. Supervisor Franzen made a motion to pay monthly bills starting with check number 49033 and ending with check number 49130; a second by Chair Polzin. Discussion, Supervisor Jones a check for $60,510 to Horton Group and was wondering what that is for. Chair Polzin stated it was for insurance. Supervisor Jones another one that peeked interest was Jays Lawn Care $1450, was wondering why the town is employing for Lawn Service. Steve Shoff stated it was a payment for painting the shelters at the park. Supervisor Jones stated another was check 49110, to Lake Lawn for $1145, what are we paying Lake Lawn for? Chair Polzin stated fuel for Police boat. Chair Polzin called for the vote, motion carried unanimously. Old Business: 1.None New Business 1.Discussion/possible action by recommendation of the Administrative Committee for approval of the Town Board to attend annual Towns Association Conference in Green Bay on October 21-24, 2007. Chair Polzin made a motion that the Town Chair, four Supervisors and the Town Administrator attend the Towns Association Convention and I don’t believe we really have to do that. Second by Supervisor Jones motion approved unanimously. Chair Polzin made a motion to let the Town Clerk attend a 3 hour class for Town and Village Clerks on Monday to drive up and attend the meeting and drive home again. Second by Supervisor Jones, motion carried unanimously. 2.Discussion/possible action by recommendation of the Park Committee for seasonal heating surcharge ($50.00) for use of Community Park Building in winter months. (November 1 March 31) Supervisor Franzen made a motion that we charge a seasonal heating surcharge for the use of the Community Park Building in the winter months from November 1 – March 31, second by Chair Polzin motion carried unanimously. 3.Discussion/possible action by recommendation of the Park Committee to reimburse Steve Shoff for his loss of revenue due to the closing of the boat launch at Community Park for a cost of $750.00. ($600.00) Chair Polzin stated that his first estimate was $750 it looked like it would be revenues for that period of about $1500 and when he first said he said $750 but he has lowered that to $600. Chair Polzin made a motion to pay $600 second by Supervisor Franzen. Supervisor Jones opposed in principle to the idea of compensating an independent business man for the loss of business, any independent person that has seen days when you open the door and you won’t make money and in fact there are days when you loose money. If this had been put in the form of a motion to give him a bonus for doing a job above and beyond what was expected of him, I probably would have made that motion, supervisor Jones stated he was opposed in principle the way it is stated. Chair Polzin stated that could be corrected very easily. Motions were withdrawn by Chair Polzin and Supervisor Franzen. Supervisor Jones made a motion due to the job he has done and the unusual circumstances that were involved that he performed above and beyond what we can expect. I think a bonus of $600 would be justified for compensation and appreciation. Chair Polzin second, the motion approved unanimously. Dolores Nowak stated the agenda that she picked up said the amount was $750. Chair Polzin stated that he announced that in the beginning that Steve changed that to $600. Dolores Nowak, said since it was posted on the agenda for $750, but now it is mute. Ted Cash 4421 Robins stated he felt the Board was setting a bad precedence and I believe the Supervisor stated that if this is managing business, your business when you had your TV shop, if lightening struck the top of your building and you had to close down for three days no one would repay you. It is an insurance policy that a business man has the opportunity to buy over the loss of business. The Board is setting the precedence here for the future. The Board has changed the name to a bonus, but that is really the wrong thing to do. Chair Polzin stated the way he looked at it is, we are trying to be a good employer and we have a good employee. Maybe Supervisor Jones wording on it was a lot better than the other wording when he called it a bonus. Regardless Chair Polzin thought it was the proper thing to do. Mr. Cash asked what the legal aspect was, and felt the Board is setting precedence. Chair Polzin stated you have to make your decisions as they come along and he felt comfortable with it. 4.Discussion/possible action by recommendation of Park Committee to approve Steve Shoff’s park contract for another 2 years with minor changes. (Games for July 4th Celebration to be omitted, full year status instead of seasonal, Vending Machines, Ice and Bait. Possible concession stands with popcorn, candy, soda). Supervisor Franzen made a motion to table until next meeting. Needs to meet with attorney next week to go over contract. Attorney thought it would be better to act on hard copy of contract. Second by Supervisor Jones, motion carried unanimously. 5.Discussion/possible action regarding preliminary resolution for special assessment on Hiawatha, Beckman and Bay View Roads. Chair Polzin made a motion to dispense with first reading and go on with all three resolutions second by Supervisor Franzen motion carried unanimously. Chair Polzin made a motion to dispense with the second reading and adopt resolution for Hiawatha, Beckman and Bay view Roads, second by Supervisor Jones. Discussion by Supervisor Jones; was wondering if he saw something in his mail about the parties one of these roads had gotten together and resolved their issues and are going to pay for it themselves. Clerk Bernsteen: stated that they want a special assessment to be applied to their tax bill for the cost to repair the road. Chair Polzin stated that they came to the Public Works meeting and wanted the Town to do a special assessment for them. Chair Polzin called for the vote, motion carried unanimously. 6.Discussion/possible action by recommendation of the Public Works Committee to pay Joe Kopecky $4,000 of a $10,000 contract for his architectural design efforts relating to the rebuilding of the salt shed. Chair Polzin stated that this was stopped, before he is paid if this passes, Mr. Kopecky must turn in the drawings. Chair Polzin made a motion to pay the $4,000 contingent on getting the drawings, with a second by Supervisor Jones. Attorney Wassel stated that we should prepare a release that would indicate that this payment is in full, so there is no thought that there is future obligation. Supervisor Franzen asked why we are paying him anything if he has not completed his share of the contract. Chair Polzin stated we could spend that amount of money in attorney fees. The Board did not request a time frame of when this would be done. Chair Polzin called for the vote, motion carried unanimously. 7.Discussion/possible action to hire Baxter & Woodman Consulting Engineers to handle the Browns Channel Project. The Lake Committee recommends having Attorney Wassel’s office handle the hiring of Baxter & Woodman to do this work for the Town. Chair Polzin stated there have been a lot of complaints about Brown’s Channel; this is what was recommended to the Board. Chair Polzin made a motion the Board take the recommendation of the Lake Committee and hire Attorney Wassel to contract Baxter and Woodman for this service. Second by Supervisor Jones, motion carried unanimously. 8.Discussion/possible action by recommendation of the Planning Commission to approve the final plat regarding the Oaks of Delavan Subdivision. Property located at Linn Road and North Shore Road. Supervisor Jones moves that the Town Board recommend to County Land and Use Resource Management Commission the approval of the final plat for the Oaks Subdivision and the Clerk be instructed to notify the County within 7 days. Chair Polzin second, the motion carried unanimously. 9.Discussion/possible action by recommendation of the Planning Commission to approve the amended conditional use to modify the building set back lines for VB Partnership/Château Condominium. Property located at 1967 & 2005 South Shore Drive. Supervisor Jones moves that the Town Board recommend to the County that a modification of the building set back distance from 122.8 feet to 100 feet as requested by the Château Condominium property owners and the Clerk be instructed to notify the County Land Use and Resource Management within 7 days. Supervisor Franzen second the motion. Motion carried unanimously. 10.Discussion/possible action by recommendation of the Planning Commission to recommend the setback variance for Shawn and Jackie Gaffney property. Property located at 4208 East Drive. Supervisor Jones moves that the Board recommend to the County Land Use and Resource management to approve of the requested property set backs by Shawn and Jackie Gaffney, the Clerk notify the County Variance Committee, second by Supervisor Franzen, motion carried unanimously. 11.Discussion/possible action by recommendation of the Planning Commission to deny the request for a variance to change the size and location of the residence of Michael and Denise Bishoff. Property located at 4300 Gill Court. Supervisor Jones made a motion that the Town of Delavan Board of Supervisors make a recommendation to the Land Use and Resource management to deny the variance, and the Clerk is to notify County within 7 days, second by Supervisor Franzen, motion carried unanimously. Adjournment 1.Motion for adjournment. Supervisor Jones made a motion that the meeting be adjourned, with a second by Supervisor Franzen, motion carried unanimously. Chairman Polzin adjourned the meeting at approximately 8:15 P.M. _____________________________ Submitted by Dixie Bernsteen Town Clerk