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August 15, 2007 Minutes of Town Board Work Meeting
Town of Delavan
Walworth County, Wisconsin
5621 Town Hall Road, Delavan, Wisconsin 53115
(262) 728-3471 FAX (262) 728-3473
Email clerk@townofdelavan.com
Office Hours 8:30 AM – 4:30 PM
WAYNE POLZIN, Town Chair DIXIE
BERNSTEEN, Clerk
KAY FRANZEN, Supervisor PAT MORELLI, Treasurer
JIM WOLFGRAM, Supervisor
FRANK JONES, Supervisor
HERB SESSNER, Supervisor
MINUTES OF THE TOWN BOARD WORK MEETING OF: August 15TH 2007 @
7:00pm.
1.)The meeting was called to order by Chairman Polzin at 7:00PM.
2.)Board members present were, Town Chairmen, Wayne Polzin,
Supervisor Frank Jones, Supervisor, Herb Sessner, and Supervisor Kay
Franzen. Jim Wolfgram was not present. Also present was, the Town
Attorney, Steve Wassel, Fire Chief, Jerry Edwards, Tom Thiele, the
Town Mechanic, and the Chief of Police, Andy Mayer, and guests in the
audience. The Clerk was at a seminar out of town, so Pat Morelli took
the minutes.
3.)Declaration of quorum present for doing business.
Attorney Wassel asked the Chairmen to have the chief verify for your
records, that he did post this meeting, because we did receive a
citizen complaint, that tonight’s meeting was not properly posted.
Chair Polzin then asked the Chief “would you for the record state that
you did post the agendas for tonight’s two meetings, and that you have
a record of the postings.” The Chief stated the postings for the
regular Town Board Meeting, were posted. The Special Town Board
Meeting was posted as of 2:00 p.m. yesterday. He personally delivered
the postings to Maxi One Shell, Delavan Pick N’ Save, Mobile Mart and
the Piggly Wiggly, Browns Market and the Walworth State Bank.
Chair Polzin asked that the Town Board make a motion to deviate from
number 5 (communications) and go to number 6 comments and suggestions
from citizens present. Supervisor Jones made the motion to re-arrange
the order of the agenda and move comments and suggestions up one place
to come before communications. Supervisor Kay Franzen seconded it.
Chair-Any discussion? All in favor signify by saying aye. Aye
4.)Comments and suggestions of citizens present: Bob Murphy stated he
was here out of courtesy and information for the board. He is a
property owner and lives on Blue Gill Road. He has had a lot of
problems with a Mr. Cote with constant encroachments, which has been
dealt with through the Court two times. Mr. Cote is encroaching on
the Town public access to Lake Delavan and a public road. Chair
Polzin asked if he had talked with him before about this problem, and
this person putting rip-rap at the waters edge and planting grass
seed, etc. Mr. Murphy-“yes.” Chair Polzin stated we have
applications put in by the Hwy Foreman to the DNR. We will take no
action or make any comments until we hear from the DNR.
Communications:
Polzin: talking about Mound Road with David Patzelt. He has pictures
before and after. I have some showing the road torn up.
Attorney Wassel: If you’re asking the board to examine it, the
appropriate thing to do, would be to give it to the Clerk.
Polzin: from your complaint, we cannot touch Delavan Lake anymore
than anyone else can. If we are going to put stone in the lake, we
need a permit from the DNR. This whole problem has been turned over
to the DNR, and we have to get the information back from the DNR.
Town board will make no further comments on it at this time. The
Highway foreman has the complaint and we have not had a report from
him as yet.
Dick Brown: The reason I am here, is the building across the street
from me, formerly the Peek Inn.
Wayne: I turned the complaints over to the Building Inspector and he
went over and had Shodeen board it up. Shodeen wants to leave the
building for the foot-print, so that he can build back. Maybe there
is some paper work that can be done that would let him tear the
building down so that he can build on the same foot print. At least,
then we would get rid of the eyesore.
Attorney Wassel: I will call Shodeen’s attorneys tomorrow on this.
Shodeen also owns Clowns, which is another abandoned building.
Wayne: I have an article from California on Civil Engineering and
structural engineering, electrical engineering, mechanical,
environmental engineering and services. I don’t think we need this on
the agenda. We are not looking for an engineer. We have had the same
engineer since the 80’s and I believe the Town is satisfied with
Baxter and Woodman.
Wassel: It is a form of solicitation. If you’re happy with whom you
have, then I would say it is junk mail.
Wayne: The Police Chief is here, and he would like his new officers
sworn in by the Town Clerk at the Town Board meeting. They are the
new part-time officers.
Wayne: I have a letter from the Towns Association, Tom Harnisch. He
is strongly recommending a good internet web site. He feels it is
extremely
Valuable for the town, and village residents, and tax payers, and
especially the Town and village clerks. I call a good web site, “a
clerk saver”. It would save the amount of phone calls coming into the
office.
Herb Sessner: I read the article in the Towns Assoc. Book. We need a
web site.
Wayne: On Thursday, August 23rd, of 2007 there is a meeting at the
Town of Turtle. This is put on by the Urban Towns. We are a member.
We do not have anyone on the board. There will be a brief 20 to 30
minutes, comments on legislation, including the status of State
Budget, Charter Town Bills, with town withdrawal from County zoning
and more. This would be the opportunity to give your input, ideas and
suggestions, and recommendations on what the Towns Association and the
Urban Towns are looking for. They are looking for legislation
changes. When they talk about Boundary agreements that is part of
Frank’s and Herb’s comments from the meeting with the City of Delavan
and Elkhorn. When the 3 governments met together, we came up with the
idea of a steering committee. Frank and Herb are the two members from
the Town of Delavan on the steering committee. The City of Delavan
has two members and the City of Elkhorn has two members. John Sherer
is going to be the one to conduct the meetings. The meetings will be
open to the public. We also got a letter from the Wisconsin Department
of Administration which is in Milwaukee on September 4th, 2007, at
11:00 a.m. It’s at 23 So. Lincoln Memorial Drive. Laura Arbuckle’s,
the administrator for the division of the intergovernmental relations,
is the speaker. Comprehensive planning, and grant informal workshops
will be discussed. It would be nice to have a couple of board members
attending.
Wayne: continuing. Elected Town Officials and certain other key town
personal are required to complete National incident management system
training. There are two training courses. I.S.-100 and IS-700. Also
includes EMS personal, fire fighters, and a public works personnel,
etc. Many other courses required by different personal also.
Attorney Wassel: This is a federally unfunded mandate, and I do not
know what levels Chief Edwards or Chief Mayer participated.
Chief Mayer: Our personnel have all taken the classes and are all
qualified. These are all on line courses that can be done in about an
hour.
Attorney Wassel: There is no funding for it. But, as the board
changes, with new elections they need to get these low level
certifications.
Wayne Polzin: I agree. I think we should all take it. Do you have
to go to Gateway for this?
Chief Mayor: No, you can do it on your computer, logging in with SS#,
your name, then take the test. It grades it and then you’re
certified.
Wayne: Steve, I’m giving the Cameron Estate to you, as I believe
this will have to go on the Agenda.
Wayne: I received this from Don, who is on the Lake Committee, as Jim
is out of town, to put the cost of the preparation of the Inlet
Dredging. I also got a complaint on Fleming Drive. It is being used
as a main thorough fair rather than Beckman Drive. To go to The
In-Between, the traffic does not want to use Beckman Drive, because of
the condition of the road. The neighbors are getting tired of the
traffic, and the noise, at 2:00 a.m. Can Fleming Drive be made a dead
end road?
Wassel: No, it would have to be re-platted. When the road is fixed,
it won’t be a problem.
Herb Sessner: I received a 6 page e-mail from Ann Becker, So. Shore
Drive, regarding the Browns channel and this ladies property.
Don Holst: Proposal was to clean out the area by going across her
property and clean this out with a back hoe. There was an agreement
with her, signed by her. She started to get surly about it, and
wanted special things done and it looked like it was going to be a big
problem, and so it was decided by Liesch and by the Lake Committee to
abandon that. A plan was worked out, where we were able to go in
there this summer and establish a foot-print where we did the whole 41
feet with the backhoe, as was in the contract. We did not go over her
property. As I read this, she wanted us to go over her property
because she wanted us to do some major landscaping. She wanted to
hire a horticulturist, wanted special plants, etc., and thus she got
mad.
Wayne: Don and I looked at the site and I also talked with John from
Liesch, because they talked about the ditches and use of sandbags etc.
Something was said about the culvert, and I told them, the culvert
was not a part of the Lake project. The culvert was put in
temporarily for Ann Becker, due to the remodeling of that house.
Herb: She is upset because the garlic mustard is growing more than
the plants.
Wayne: Everyone I have talked to is having problems with weeds, etc.
I believe we should let Liesch handle it.
Don Holst: I would ignore it, because if you go to Liesch, there will
be a charge to the town.
Kay: She also sent the same e-mail to me and because it didn’t ask
for anything, I just disregarded it.
Herb: I can’t just ignore a citizen’s e-mail.
Wassel: I would just say, “Thank you for your comments, they were
shared with the Town Board.”
OLD BUSINESS:
1. Discussion keys and filing room
Wayne: None
NEW BUSINESS: Reports/discussion & agenda preparation of issues
resulting from monthly committee meetings.
Committees:
1. Discussion Village of Wms. Bay President Don Weyhrauch about
Theatre Rd . . . . None
Wayne: Don was supposed to come to the public works meeting, as they
are the only ones who can answer his questions.
2. Administrative
Kaye: No report
3. Emergency Government
Wayne: No report
4. Finance
Wayne: The Finance committee did not meet, but hopefully we will
start meeting next month.
Herb: Pat had Dorothy Fladten come in and help her with getting
reports up to date, etc. I would like to set up a pre-budget meeting.
Richard Burns and Gary Deen are still on the finance committee. I
would like to set up a meeting on August 27, 2007 at 6:30 p.m. I will
call the members and let them know. I would also like to get approval
for myself, Pat & Dixie to attend a financial training seminar, in
Janesville, put on by the Wisconsin Towns Association. First one
available for us is September 18th.
Wayne: I will discuss this with you afterwards. It does not have to
go before the whole board.
Herb: Are you going to bring up the Willow Point Subdivision?
Wayne: No, I have already handled that. I have been to the county
and it is already in the works. County said the case was closed.
Wassel: Approvals were made in 04, and that is why they said it was
closed.
Herb: What about the covered Bridge Subdivision at the last Work
meeting?
Wayne: They have been informed that we are not going to allow a road
on to South Shore Drive, if the Town of Walworth will not let them put
a road on the North Walworth School road.
Mr. Brown: That would put way too much traffic onto South Shore
Drive.
Steve: It should be put on the agenda and do a letter to Chairman
Abell.
Wayne: I will put this on the Public Works agenda.
Frank Jones: A priority would be that it would be a sewered
subdivision. Our policy here in Delavan, is that there is no
residential development that takes place unless it is sewered.
Tim: Part of this is already in the sanitary district and as soon as
they get a plat approval, then they will annex the rest.
Frank: Do we need to go ahead with a letter to them? We should have
a record that, this is our position on the matter. Frank will write
the letter.
5. Fire & Rescue
Wayne: No report
6. Park & Tourism
Kay: Regarding the 4th of July celebration, we received a donation of
$800.00 from the Chamber. We received a check for $817.69 from the
club that was our share of food and beverages, and we are now working
on next year’s celebration. We are planning guide lines for the Park
memorials in the town park. Gate receipts are up over last year.
Bookings and rentals are up also. There will be a Craft Show on August
25th. We also received information that there are two Indian Burial
sites located at the Park and we are doing more research to get all
the information on this. The committee strongly recommends winter
rentals should continue. Last year, we made over $1,600.00 November
through February. We need to work out a way to have both the rentals
and storage that Wayne requires for the vehicles and such.
Wayne: We may not need the storage this winter, as we are not going
to have a salt shed built this year. I would like to ask the Park and
Tourism committee to look at charging more for the use of the
building. I think the rental should include the cost of heating the
building.
7. Police & Water Safety
Wayne: The Chief will have the swearing in of the officers. He will
give a copy to Dixie.
8. Public Works
Wayne: We will put the road from Covered Bridges Park in the town of
Walworth, entering onto South Shore Drive on the agenda for
discussion.
Wassel: Put on the agenda for discussion, and possible action
regarding communication with the Town of Walworth on the Covered
Bridges development.
9. The Lake Committee
Wayne: The Lake committee has made a request that we consider the
Inlet Lake project for engineering only.
Don Holst: Discussion and possible action to pass a resolution to
appropriate $33,000.00 into the Lake Inlet fund.
Wassel: If this were adopted, it might require a budgetary
resolution, depending on where the funds are currently designated. We
will have to set this up, once we determine where the funds are. It
will be discussion, possible action regarding engineering in the Lake
Project, and discussion, possible action regarding budgetary
resolution to transfer funds for the Inlet Lake project.
Wassel: Discussion, possible action regarding the adoption for final
resolution on Browns Channel’s special assessment. I have received
revised engineering reports, which instead of breaking up the
non-riparian owners by parcel number, it is by lots. I have prepared
a resolution, but I do not have the rate of interest that we are
paying on the funds that we borrowed, so I have left a blank in my
resolution. The amount of interest that the people elect to pay the
special assessment over time is 1% greater than the rate at which we
borrowed the funds. The Clerk will send the owners a copy of this
final resolution, to every interested person whose post office address
is known, as well as being published. Anyone wishing to contest the
special assessment will have time to do so.
Wayne: I have gotten several letters of complaint from parties who
do not feel they should have to pay anything on that. It doesn’t make
any difference if you’re a part of the channel or if you’re all on the
lake. If you’re a part of South Shore Manor, then you will be
assessed. Jim suggested we hold off for one more month for the
billing, because the figures could change.
Wassel: The numbers that you had were there at your public hearing
and those are the numbers that you have to go off of. The second part
of this is that I have in the resolution for a practical purpose,
anyone who wishes to pay this special assessment up front, doesn’t
have to pay interest. But, they have to do so, on or before December
1st. of 07. We get our tax bills over to the county in December.
Don Holst: After this is posted, they would have a chance to appeal,
because the numbers were in place at the Public hearing.
Wassel: I talked extensively to Davenport about the various
complaints that were heard at the public hearing, and some that I felt
were extremely significant and asked him to consider those carefully
in re-doing his engineering report and recommendations therein. Some
people said, their situations were worse today than before you
started. I got a revised document from him and the only thing that
has changed was the difference between parcels versus lot. My
recommendation is that we have on the Agenda, discussion possible
action regarding adoption of proposed final resolution for Brown
Channel’s special Assessment.
10. Plan Commission
Wassel: “The Cameron Estate” I reviewed their by-laws only. I will
give this to Frank. We should put this on the Agenda for discussion
and possible action and communication to Walworth County regarding the
Cameron Estate Condominium preliminary plat. We will send them a
letter saying yea or nay. We should copy the plat in pieces and then
paste it together and send it to Mark. It will be on the Agenda for
the plan commission. Please review it with any comments.
Frank: Information for the Plan commission, Neil Frauenfelder. He is
the senior planner for the county in charge of Smart Growth. I have
arranged to have him appear before our next plan commission meeting
and hope that all the supervisors and all plan commissioners would be
there, as he is going to give us an educational program on what Smart
Growth is, and why it is happening and why we should be involved in
it. It is September 11th at 6:00 p.m.
11. E.T.Z. None
12. All Other Recommendations
None
13. Adjournment
Wayne: Motion to adjourn
Frank: I make a motion to adjourn.
Kay: I second it.
All in favor say Aye
Wayne: Motion carried. We are adjourned at 8:12 p.m.
Minutes submitted by
Pat Morelli/Treasurer