MEETING CALLED TO ORDER AT 6:37 P.M. BY CHAIRPERSON VOSS

ROLL CALL TAKEN BY CLERK – ALL PRESENT – Chairperson Diane Voss, Supervisor Larry Austin, Supervisor Bill Pearce; Also Present: Treasurer, Clerk, Mike August; AUDIENCE MEMBERS TOTAL 22

APPROVAL OF SEPTEMBER 6, 2006 MINUTES: Bill made a motion; Larry seconded; motion carried 3-0

PUBLIC COMMENTS: NONE

AL RITCHEY CONDITIONAL USE PERMIT:  Mr. Ritchey attended the Plan Commission meeting. He is making changes per their recommendations and would like a land use decision. He understands he needs to go before the Plan Commission and board again with changes. Chairperson Voss stated the board acted on the proposal presented last month and she would have to check with the County to see if he can keep changing plans. Larry questioned the restrictions on operating hours. Noted being closed on Tuesdays, Hosta Fest for 5 days, Tours and one other two day event. Bill questioned what two day event? Mr. Ritchey stated maybe a fall appreciation pig roast for volunteers or something similar. Chairperson Voss stated the Plan Commission recommended not approving – 3 voted against, 1 approved and 1 abstained. Mr. Ritchey noted that was on the original proposal. Larry questioned what are the plans of the tours? How big / restrictions on buses? Al stated he was not sure and was willing to take restrictions. Larry stated if he was a neighbor he would want to know the number of tours being held. Diane stated if he received the permit it would leave it wide open and the county has to approve. Bill questioned if they would be scheduled tours. Al replied yes he would need to know before anyone came out. Diane stated she needed to check with the county. Bill questioned if sales would only be during Hosta Fest. Al replied yes. Diane stated restrictions needed to be put in place. Bill suggested putting in days to sell. Diane stated the conditional use permit allows all year round. Larry stated to check what conditional use and to put in restrictions on no sales all day. Bill talked to neighbor Julie Brach and she is ok with Hosta Fest but is against daily sales. Mr. Brach stated it was difficult to respond because neighbors came to discuss original proposal. Diane stated they could respond now. Larry stated would not act on it tonight and next month would have to decide on either old or new proposal. Diane asked audience for any comments. Sarah Hatlestad, Harvey Court is against every day sales not Hosta Fest. It was asked if the sales would be of the plants grown. Bill asked if plants just like Hostas and companion plants. Diane suggested taking out sales of trees, shrubs, etc. Mr. Ritchey stated he thought the concern was on commercial structure. Diane stated also the traffic, bus tours, and garden clubs. Mr. Ritchey stated he doesn’t consider his location to be very large. Bill questioned garden clubs. Mr. Ritchey said not all are large. Bill wants to see the tours spelled out. Mr. Ritchey stated yes they would need to be scheduled. Larry stated if they are scheduled there still need to be limits – not 2 – 3 buses. Mr. Ritchey stated he would be happy with 1 bus 1 to 2 times per year. Mr. Brach questioned if restrictions were put into place who would police them? Diane stated the neighbors would have to call county and report them. Mr. Brach clarified neighbors would have to police restrictions and that would not prove to be neighborly and the neighbors would not want to call. Mr. Ritchey stated he would have to abide by the restrictions put in place. Diane told Mr. Ritchey she will let him know what county zoning says.

CRAIG CURRY – CERTIFIED SURVEY:  Mr. Curry presented the certified survey. The property was purchased three years ago; a lot line adjustment was done at the time. The county said the certified survey needed to be updated and the property put into one. Diane questioned if the board just needed to sign and if there was still a charge. Larry questioned the change has no new proposed structures and just cleaning up paperwork and what plan commission recommended. Diane stated they had no problem with it. Bill made the motion to approve, Diane seconded. Motion carried 3-0.

MIKE KOLNIK – CONDITIONAL USE PERMIT:  Discussion on if everything would be kept out of sight, only work on small engines/sharpening and sign for advertising. Mr. Kolnik stated he would like a sign and will do some advertising in the paper. Diane stated the county governs the size of the sign. Mr. Kolnik was instructed he would need to pay fees and post a conditional use permit sign on his property. He will need to go to zoning at the county. Diane will put on agenda. The sign needs to be posted 30 days before approval. The plan commission approved last night. Mr. Joe Abel from the audience stated he saw Mike’s place and it is kept very neat and is offset more than enough and sees no reason to deny his request. Bill stated to see Nick and the county. Larry questioned when would he start? Mr. Kolnik replied as soon as approved he will start advertising. It was stated the signs needed to be posted 10 days before the next town board meeting and would be on next month’s agenda.

ANDY LONG – KNOX BOX INFORMATION:  Mr. Long explained the fire department would like the board to consider adopting an ordinance for the Knox Box system. It is used for businesses to keep a set of keys outside the building. The fire department only has access to the key for after hours in an emergency situation. The Village of Walworth adopted the ordinance. He presented brochures with pictures. The fire department registers with the system. Fontana, Lake Geneva, Linn Township and Delavan are getting on board. It was explained only the Fire Department would have access to the keys with a code system. Each municipality has a different code system. The master key is kept in a secure box with a code number and a computer system that logs the date and time of access. They are asking for businesses 5,000 square feet or more to require this system. Also any high hazards and multi-families of more than four units. Linn Township also is including summer homes with security systems. He would like the town to consider this also with a lot of summer homes of Chicago people. They fire department cannot access these homes in an emergency because they have to wait for someone with a key. It was clarified the business would pay for the cost of the Knox Box around $189.00. They are formatting a letter to send out. Once notified, the business would have one year to comply. It is mandatory in the Village. Diane questioned if it can be set-up for the individual business to decide. Mr. Long would like to see everyone comply. The town has 15 – 20 businesses that would have to comply out of 27 fire inspections. Diane questioned who would be liable. Mr. Long stated the fire department would be the box system is in the fire engine. Linn Township has implemented they will gain access no matter what because of a recent Chicago incident that caused two deaths. Mr. Long has a sample letter and list of businesses. Larry questioned how should the lakefront homes be addressed. Mr. Long stated Linn Township is going with anyone with an alarm system not be square footage. Bill stated it sounded like a good idea. Diane stated some cities allow the owners to decide. Mr. Long stated most have made it mandated. Bill questioned who would enforce it. Mr. Long stated whoever enforces the ordinances (police department) and if they didn’t comply within one year they would receive a written warning. Mr. Long stated the response so far has been this was a good idea; several organizations have already implemented the system. Larry requested more sample ordinances with more specifics on big lakefront homes.

ROBERT CLEMEN:  Mr. Clemen introduced himself and stated he was purchasing 140 acres by Millie’s. He stated he would like to try a different approach to the development process and get the boards input before developing a plan. Diane stated he needed to go to the Plan Commission first. It was stated Mr. Clemen was from Wisconsin and had completed a project in Salem that he thought would work well – a mix of single-family and two unit villa condos. It was questioned on the current zoning. Diane thought it was agriculture. It was also stated it was in the Delavan sewer service district and they have reviewed the property. Mr. Clemen stated he knew traffic was a concern and would like one exit on South Shore Drive on no exits on Highway O. He intends to keep a rural buffer and make it a conservation type development. Diane had Mr. Clemen purchase the Subdivision Plan Book and will put on the Plan Commission agenda for next month.

PAINTING OF CLERK’S OFFICE:  It was stated money was left in the Town Hall building maintenance fund to purchase supplies to paint the office. Mr. Nor will donate his time to paint the office.

RESOLUTION FOR SMART GROWTH:  A proposed resolution was presented to the board by Chairperson Voss. Larry stated since this was just presented he would like to review it and discuss it next month. Diane suggested it be done tonight. Larry stated if there was no deadline he would like to wait until next month. Bill wanted to make sure it wasn’t anything like the ETZ.

LETTER TO REALTOR FOR MISREPRENSATATION OF PROPERTY:  Diane explained a complaint was received from someone that purchased property. The realtor told them they could have their business on the property. The people were unaware they would need a conditional use permit for that. Larry suggested contacting the broker to get their side of the story. Bill questioned if this was in front of the ETZ and in the process of obtaining a conditional use permit. Larry questioned if the property was purchased with the hopes of having a business. Diane explained they looked at several properties and was told it was ok to have their business there so they purchased the property. They were unaware a conditional use permit was needed. Diane stated she would stop and talk to the realtor.

INSURANCE:  Diane talked to the insurance company regarding bonding the clerk. The insurance company stated they didn’t think it was necessary and the clerk would be covered under the errs and omissions policy. Dawn is the only one who handles the money. Larry stated it sounded good – ok to not bond the clerk.

BAXTER & WOODMAN:  It was noted that Baxter & Woodman was monitoring the roadwork. It was suggested that Mike could oversee the project and contact B & W if there was a problem. It would cost $2,500 to engage B & W. Larry questioned if the project had started. Mike stated they were out today to start. Diane commented that they have not contacted the building inspector.

CLERK & TREASURER’S COMPUTERS – PASSWORDS:  Diane stated if something were to happen to either of them no one could access the computers. Larry suggested Dawn and Marisa work something out with procedures and exchanging information of passwords and where important documents are kept.

CLERK TRAINING PAY TO FORMER CLERK:  Diane contacted the Towns Association and was instructed the former motion could be rescinded and make a new motion. Larry motioned to rescind the previous motion to pay former clerk Tami Martin for September and October at $100.00 per month and $10.00 per hour as needed. Larry motioned to amend the previous motion to agree to $100.00 for the month of September and $10.00 per hour for any additional work after that including October. Bill seconded the motion made by Larry. Motion carried 3-0.

ETZ REPORTS:  Jim from ETZ was present and discussed the residents on North Walworth Road seeking rezoning for a landscape business. Diane stated it would be a waste of time for the Township and shouldn’t be on the agenda. She talked to Ron Nyman from the county regarding the situation and was told the zoning was adopted. Jim stated the residents would have a hearing with Fontana / Town of Walworth then ETZ would make a decision then they would go in front of the plan commission. Diane stated the county suggested not bothering, it was a waste of time. Jim from ETZ stated if the Town had strong feelings one way or another it could make a difference. Diane stated the resident would appreciate not having to go to any more meetings. Bill questioned if someone annexes in does ETZ extend out with it. Jim stated yes it extends 1 ˝ miles from boundaries.

BOARD REPORTS:  Treasurer presented her reports. Bill motioned to approve reports as presented. Larry seconded. Motion carried 3-0.  Diane brought up the proposed tax hike by the county. Jim from ETZ stated a copy of the proposed budget was given and the preliminary hearing would be held on October 26, 2006 at 6:00 p.m.; anyone could attend with input. Efforts were being made to try to reduce the budget. Any questions he could be contacted at 262-275-9394. The Toledo information was already addressed.  Bill questioned the set backs required for a wood burning furnace. Referred to county. He also has received questions regarding the Shodean property.  Diane stated the Plan Commission would be meeting the first Monday of the month to allow more time to get information to the board. Larry questioned if the board would receive written reports from the Plan Commission. Diane stated they were trying to set something up and they are looking into other townships in Walworth County.  Larry provided safety update; there were four fires in the township the month of September. No issues with equipment.  Larry questioned if Diane still had the Ordinance book. He still needed a copy of an ordinance to get to the county.  Road / Building Updates: Bill stated the culvert didn’t get changed yet. Mike stated the School road project and culvert should start anytime on North Shore. Bill stated Mike has been spot filling holes and the mowing needs to be done again; otherwise, no bad conditions to report.

BILLS REVIEWED FOR PAYMENT:  Bills were reviewed by board as presented by Treasurer. Diane motioned to approve bills as presented; Bill seconded. Motion carried 3-0.

SCHEDULE MEETINGS:  Budget workshop to be held on October 30, 2006 at 7:00 p.m.  Regular monthly meeting to be held on November 14, 2006 at 6:30 p.m.

MOTION TO ADJOURN MADE BY BILL, SECONDED BY DIANE; MOTION CARRIED; MEETING ADJOURNED AT 8:39 P.M.

MINUTES RESPECTFULLY SUBMITTED BY:

________________________________________ MARISA NOR, CLERK