TOWN OF WALWORTH

1301 Town Hall Road
P.O Box 386
Walworth, WI 53184
262-275-5908


Wednesday September 6, 2006 Town Board Meeting Minutes
Minutes from Monthly Regular Meeting

MINUTES FOR REGULAR MONTHLY MEETING HELD ON SEPTEMBER 6, 2006

MEETING CALLED TO ORDER AT 7:00 P.M. BY CHAIRPERSON VOSS

ROLL CALL TAKEN BY CLERK; ALL PRESENT; AUDIENCE MEMBERS TOTAL 11

APPROVAL OF AUGUST 10, 2006 MINUTES: Larry made motion to approve, Bill seconded; motion carried 3-0

APPROVAL OF SPECIAL MEETING AUGUST 16, 2006 MINUTES: Bill made motion to approve, Diane seconded; motion carried 3-0

PUBLIC COMMENTS: «George Kirkpatrick (Chief Election Inspector) requested the election workers start 1 hour earlier due to new clerk and election changes; request approved election workers will report at 6:00 a.m. «Mr. Feltham questioned the zoning status for the Kragenbrink property on N. Walworth Road¡ He thought the property was to be vacated. Three residents from the house are still there. County said no one should be there. «Mr. __________ expressed concern for the conditional use request for the property on Lakeville Rd.¡ Concerned about insects being brought in on wood. Mainly the ash boar. If they find only one, all ash trees within a one mile radius will need to be cut down. Illinois has had a big problem with this and have to dispose of by burning/compost.

VACULA APPLICATION FOR RE-ZONE/CONDITIONAL USE PERMIT: «Mr. & Mrs. Vacula updated the board with the progress being made on their property. Working on clean-up and putting up birm on East side. Working with landscaper; Revised site plan / landscaping plan¡ colored for trees planted; Equipment use is listed out. Issues with woodchips¡ waiting for company to pickup (their front end loader is being repaired); Called compost management¡ they agreed to pickup front pile. Letter from nursery regarding landscape plan. Excavator contacted them. Disposal sites are listed. Still haven't purchased grinder. There are five services they can hire for clean-up. Chairperson Voss stated the new plans really should have been presented sooner for Plan Commission to review. Mrs. Vacula questioned how far in advance paperwork should be submitted. Chairperson Voss responded two weeks. Board Supervisor Larry Austin questioned how they plan to stop the ash boar from coming in. Mrs. Vacula answered they watch the quarantined lists. Can't bring anything out without state/federal approval. You can't go into or bring anything out of quarantined area. Supervisor Bill Pearce was concerned about the potential insect problem. The Town had problems with the Gypsy Moth before and wiped out thousands of acres. Even if quarantined there could still be some outside. Chairperson Voss questioned if they have another site in IL or WI; if so, can they take things to IL site? The county was concerned this would put them into a policing situation. Board suggested they talk to neighbors. Mrs. Vacula stated the neighbors across the street have been gone since July, the Miller's moved out. Chairperson Voss stated several neighbors contacted her concerned about the bug. Mrs. Vacula stated they have talked to arborists and they can't give them answers about the ash boar. Supervisor Bill Pearce asked how much IL business was and if IL would let them bring in WI product. Mrs. Vacula stated about 80% was in IL and they could bring in if not in quarantined area only specific trees/wood product. Supervisor Bill Pearce stated he had problems putting zoning on the property because of ash boar and feedback from neighbors. Chairperson Voss stated the county give time¡ the property needs to be cleaned up. Supervisor Bill Pearce stated he talked to Nick at the county who said the Vaculas are being cooperative but there were still some issues. Chairperson Voss questioned the board if they wanted to rule tonight. Supervisor Larry Austin stated he was ok with ruling tonight. He does not think it would be ok to approve. The current zoning laws state it shouldn't be there. Appreciates the work that was done. Doesn't want the property to be policed all the time with zoning laws. Wasn't zoned that way before, shouldn't be now. Supervisor Larry Austin made a motion to deny the request; Supervisor Bill Pearce seconded to deny application; Motion carried 3-0

AL RITCHEY CONDITIONAL USE PERMIT: «Supervisor Larry Austin questioned the number of parking stalls. Mr. Ritchey stated planning and zoning required twenty-five. Larry asked what the county recommended. Mr. Ritchey stated they use the address of the body shop and home to come up with a total of 31. The plan has 41 parking stalls to be excessive. Supervisor Bill Pearce stated the existing parking is without stripes and addition would have stripes. Chairperson Voss asked what his goal was. She thought he just wanted to have Hostafest. There are concerns he will be adding additional structures. Mr. Ritchey answered he wanted to continue as an arboretum as he is now with sales during Hostafest. No more structures. For special events he will put up temporary shelters for people and will make certain they are within set backs based on conversations with Nick from county. Supervisor Bill Pearce asked if he will stay with hostas. Mr. Ritchey said yes they grow well there because they are a shade plant, but he would like to decorate with flowers. Supervisor Bill Pearce voiced concerns about it being something like a Pesche's. Supervisor Larry Austin questioned if he could put in other plants. Chairperson Voss stated the Town can set specifications of when, how long and what. «Attorney Robert Leibsle from Godfrey Law office asked to comment on behalf of David and Julie Brach (neighbors). They oppose the zoning¡ incompatible uses for a residential neighborhood. It would be introducing commercial use into the residential. The body shop is grandfathered in as a legal non-conforming use; C-2 does not permit the use; to extend or expand upon the non-conforming use was attempted a couple of years ago; and failed. Introducing commercial use on the property is wrong. Screening / landscaping won't help with the parking stalls. Mr. Ritchey proposes operating hours from dawn to dusk seven days a week. The added lights, noise, activity and traffic makes current residents suffer. The proposed use is incompatible with current zoning. «Chairperson Voss stated she met with county regarding the zoning. A resolution has been passed at the county level and this would be in violation of the 2020 plan. «Mr. Ritchey stated it is in the zoning district that would allow his plan. The C-2 district has multiple uses available like arboretum / botanical gardens. He is trying to preserve / protect the upland conservation district. The body shop is different as it is legal at county level. The purpose of an arboretum/botanical garden is biodiversity to preserve and protect. He doesn't agree with the twenty-five parking stalls. The will hand excavate by the trees to preserve as many as possible; and the plan is designed to screen the parking stalls from neighbors. Commercial is not unusual in C-2 district; farming is allowed; believes what he is doing is for the good. Makes the existing property more palatable to the community. «Attorney Leibsle responded it would be commercialization of residential district. «Supervisor Bill Pearce motioned to table to the Plan Commission meeting October 9, 2006 at 7:00 pm. Supervisor Larry Austin seconded the motion and asked Mr. Ritchey if he would consider reducing the operating hours. Motion carried.

ROWBOTHAM LAND ADJUSTMENT REQUEST: «Mr. Rowbotham stated the request was to add more property to David & Kara. Currently zoned C-2. Joe/Ann's property is split R-1/C-2 because they had a pasture with heifers. The 11 acres in the back is zoned A-1; approximately 48,400 square feet R-1 zoning currently; approximately 52,797 square feet totals to add. Nick/Matt from county recommended changing the R-1/C-2 to C-3; they didn't want it R-1 that would allow the possibility of another buildable lot; C-3 zoning allows one residence with no livestock, minimum lot size of 100,000 square feet; C-2 zoning is 5 acre minimum lots; they will have the surveyor include the big oak tree when surveying for changes; they want the tree preserved. Supervisor Bill Pearce made the motion to approve the recommendation from Nick/Matt at the county. Supervisor Larry Austin seconded motion to rezone from R-1/C-2 to C-3 per diagram. Motion carried. Mr. Rowbotham questioned the fee for this. The board will advise the fee.

ESTABLISH TRAINING PAY FOR NEW CLERK: «Supervisor Bill Pearce referred to previous notes of Tami Martin requesting $100.00 per month for September and October based on once per week training; after that the fee would be $10.00 per hour. Supervisor Larry Austin made a motion to approve the training pay for September and October at $100.00 per month. Supervisor Bill Pearce seconded the motion. Motion carried 3-0.

TREASURER'S REPORT: «Received the county payments. Total cash balances of $161,622.61; $15,000 for the annual contract with the Village for rescue squad. Supervisor Larry Austin questioned the legal fee payment for sewer to the Village of Walworth.

CLERK COMMENTS: «Preparing for September 12th election and meeting with Tami Martin to train.

CITIZEN COMPLAINTS, CONCERNS, OTHER (DIANE, BILL, LARRY): «Received call/letter for property on N Walworth Rd. requesting a conditional use permit for a lawn service business; going in front of ETZ zoning «Realtor request from A-1 to C-3; didn¡¦t hear from property owner; nothing since «Follow-up letter from assessor «Put letter with tax bill with recycle reminder, chipping, dog licenses and running a business requires a conditional use permit «Supervisor Bill Pearce had received calls regarding the Lakeville Rd. property

UPDATE ON MEETINGS ATTENDED (DIANE, BILL, LARRY): «Next meeting will be held October 10th «Smart Growth meeting was being held tonight with no representative from the Town «Walworth County is having a Clean Sweep Project¡ October 6 for businesses and October 7 for residential (Mike will post info) «Emergency shelter for Walworth County survey request «Emergency Plan

SAFETY UPDATES (LARRY): «Does not have call summary yet «National Incident Management Survey; requires fire/rescue training; incident command management; Kevin Williams is Emergency Management Director; new file; need book of resolutions¡ adopted laws a couple of months ago «Fire/Rescue calls ¡V none known in township

ROAD & BUILDING CONDITIONS (BILL & MIKE): «Met w/Amon¡ put on budget «Town Hall Rd. to Brick Church Rd. working with Village «Beloit Rd.¡ met with sewer representatives; excavating; videotaped road/ditches; took measurements; Township engineer will review first; the contractor will take care of safety contacting everyone; estimated three week project «Replacing culvert on N Shore Dr with the next three weeks

NEXT MEETING WILL BE SCHEDULED FOR OCTOBER 10TH AT 6:30 P.M. «Budget meeting will be scheduled at the next meeting to be held in November

LARRY NOTED THE TRIATHOLON WAS BEING HELD THIS WEEKEND AND NEEDED TO GET A RESOLUTION FOR THEM FOR NEXT YEAR SO THEY DON'T MARK ON THE ROADS¡ CONTACT PERSON FRANK DOBBS

BILLS WERE REVIEWED AND APPROVED FOR PAYMENT AS PRESENTED

MOTION TO ADJOURN MADE BY LARRY AUSTIN, SECONDED BY BILL PEARCE; MOTION CARRIED; MEETING ADJOURNED AT 8:46 P.M.

MINUTES RESPECTFULLY SUBMITTED BY:

________________________________________ MARISA NOR, CLERK


[ MAIN MENU ][ MINUTES ]