June 20, 2023 Minutes

Town of Richmond

Board of Supervisors Meeting

June 20, 2023


Chairman Jeff Karbash called the meeting to order at 7:00pm. Present: Karbash, Supervisors, Susan Miller, Dave Overbeek, Steven Wade, Tom Kraus. The pledge of allegiance was recited. Motion to approve the Agenda by Overbeek, second by Kraus, passed unanimously.

Motion to approve the May meeting minutes by Kraus, second by Overbeek, passed unanimously.

Treasurer’s Report – Deputy Treasurer Betsy Sheets explains the closure of a maturing CD and the purchase of a new CD with same monies held at BMO Harris bank in Delavan.

Motion by Overbeek to approve the Treasurer’s report, second by Wade, passed unanimously. Board Reports

Karbash hosted a meeting with 4 other Town Chairpersons from the towns of Cold Springs,

Koshkonong, Lima Center and Whitewater Township regarding the City of Whitewater Fire and Rescue services. The purpose was to discuss a meeting with the Whitewater City Administrator to achieve a more equitable fee arrangement with the City Fire and Rescue services. The City Administrator seemed receptive to discuss this subject but we have not heard back from them on when they are ready to meet.

Overbeek reports that Harris Road will be chip sealed the week of June 28th, 2023 and the contractor will be coming back to finish other roads later. Charter has requested using a surety bond instead of a cash bond for their boring project, Overbeek has advised them that we want a cash bond for the first two boring projects and then if those are performed acceptably, we could extend use of the bond for additional projects that may be on their schedule.

Overbeek reports five trees were acquired from Lurvey Nursery, Clerk Hayes donated use of his track loader with tree spade, Mike Bergman donated use of his track loader with forks, Wally McManaway and Paul Yakowenko provided our Town Truck and some shovels and the four of them worked together to get the trees planted in the Lake Lorraine Park. (audience applause)

Miller advised she had discussed with Roadman Wally identifying the Town Roads we are considering using ARPA funds for. Wally was not present for the meeting so it was decided to table this discussion.

Miller also asked if we could put up larger NO PARKING signs on Johnson Road to enable better visibility.

Wade -On Agenda

Kraus – On Agenda

Chairman Karbash then recuses himself and asks Supervisor Overbeek to review the Liquor

License renewals.

Board reviews 44 Operator License renewals and the Liquor and Cigarette License renewals. Overbeek reads the names for Board consideration and approval;

 Agenda Amrita Kaur, Agent for Shan Gas & Food Mart, Inc., dba Uncle Buck’s; Wendy Staller, Agent for Staller Estate Winery LLC dba Staller Estate Winery; Jeffrey T. Karbash, Agent for Duck Inn, Inc., dba Duck Inn; Jason W. Johnson, Agent for Badger Bob’s LLC dba Badger Bob’s; Brian Paramski, Agent for Snug Lake Harbor LLC dba Snug Lake Harbor; Jeffrey D. Hufford, Agent for TL Service LLC dba Turtle Lake Tap and Grill –

Motion to approve appointment of agents by Kraus, second by Miller, passed unanimously.

Class  “A” Beer/Liquor,  and Cigarette – Shan Gas & Food Mart, Inc., dba Uncle Buck’s – Motion to approve by Kraus, second by Miller, passed unanimously.

“Class  B” Winery  and Beer  – Staller Estate Vineyard and Winery LLC, dba Staller Estate Winery – Motion to approve by Kraus, second by Miller, passed unanimously.

“Class  B” Beer/Liquor – Duck Inn, Inc., dba Duck Inn; -Badger Bob’s LLC, dba Badger Bob’s; Snug Lake Harbor LLC, dba Snug Lake Harbor; TL Service LLC, dba Turtle Lake Tap and Grill – Motion to approve by Overbeek, second by Wade, passed unanimously.

Cigarette License  – Shaw Partners LP, dba Scenic Ridge Campground – Motion to approve by Kraus, second by Overbeek, passed unanimously.

New Operator Licenses – Board members examined applications from Eric A. Schmetter, Brianne J. Sura, Michelle Mnichowicz, Mary R. Teumer, Jennifer Dewar, Ian Darbro, Andrew P. Kent – Motion to approve by Kraus, second by Overbeek, passed unanimously.

Operator License Renewals  – Motion by Miller, second by Overbeek to approve all Operator License renewals listed in section 4. of motions attachment to these minutes, passed unanimously.

Plan Commission – Supervisor Miller asks the Board to consider the appointment of a Plan Commission Chair as her term ended on April 3rd, 2023. She also asks the Board to consider extending Earl Humphrey’s appointment to the plan commission until August.

Motion by Overbeek to appoint Susan Miller as Chair of Planning Commission and extend Earl Humphrey appointment until August 2023, second by Kraus, passed unanimously.

Public Comment

Linda Szramiak, President of the Turtle Lake Association expresses concern about “Spongy Moths” or Gypsy Moths advising there is an outbreak of them near Turtle Lake. She Inquires if the Town is considering spraying for them advising there is a spray “BT” which confuses the male moth preventing them from breeding. Supervisor Miller offers to contact the DNR to seek some guidance but opinions that there is little that the Town can do. Supervisor Overbeek advises he also has a person in the DNR that may be able to offer some counsel on this subject and offers to provide contact information.

Land Management

-N6564 Anderson Drive – ditch and culvert drainage

Supervisor Kraus visited the site and describes the situation preventing proper drainage but opinions that the drainage problem is not severe. Overbeek advises there was a culvert there

but it was deteriorated and replaced. Linda Szramiak offers that she resides in close proximity to this area and opinions that drainage has been a problem at this site for many years.

Motion by Overbeek, second by Miller to have Roadman Wally review the area and make a recommendation on improved ditching for drainage, passed unanimously.


Badger Bob’s Conditional Use Violations

Mr. Dave Lundberg addresses the Board and advises he is the next door neighbor to Badger Bob’s. He advises that trash is left on his property by patrons of Badger Bob’s. He also advises that his property stakes are knocked down, the music is very loud and he explains that there has been parking on his property and is frustrated as he believes no-one is doing anything about these things.

Brenda Austin lives across the street from Badger Bob’s and has for 11 years. She reminds the Board that this business as a bar and grill has been at this location since the 1930’s. She advises that the Lundbergs moved in after the bar was there. She opinions that the outdoor music that Mr. Lundberg complains about is not obnoxious music and she and her family enjoy it. She observes that the music is shut down by 8:30 or 9:00pm at the latest. She also believes that parking is not at issue and remembers being involved in horseshoe league when the previous owner had the bar stating that Badger Bob has cleaned up the place and made many improvements.

Mr. Chad Pollard, attorney from Clair Law Office in Delavan then speaks on behalf of Mr. and Mrs. Lundberg his clients. He reminds the Board that at issue here is not whether the music is loud or there are parking problems but that the Richmond Town Ordinance 5.05 “Alcoholic Beverages” states that “any person or entity in violation of a Town or County ordinance relating to zoning shall not be issued a liquor license.” Attorney Pollard reviews sections of State Statute

125 and points out that there isn’t a violation of that but the problem is the Town Ordinance. He then outlines the county ordinance violations contained in a letter from the county to Badger Bob;

– Serving outside the approved pavilion

– Patrons parking in right-of-way

– There’s not enough room to have a music venue safely

– Has listed on their web-site 58 scheduled music events and aren’t approved for those events

– County officials visited the site in June and no remedies to these violations had been put in place.

Mr. Pollard advises “we don’t want shut down Badger Bob’s”, however, tonight you approved a renewal liquor license for Bager Bob, but we maintain that you cannot issue that license in accordance with your ordinance. In addition, per statute 125 you have the remedies of suspending or revoking that license.

Karbash states that we are conferring with counsel on the matter and we are using another attorney as our normal attorney is in the same law firm as Badger Bob’s so there is a conflict of interest.

Attorney Pollard reminds the Board that they have 10 days until the license expires.

Former Chair Wayne Redenius advises that at the time Badger Bob’s Bar was approved for serving alcohol that the approval was for the entire premises, including outside areas.

Former Clerk Barb Ceas reminds the Board that there is a specific statutory procedure that must be followed under State Statute 125 prior to suspending or revoking an alcohol license.

Supervisor Miller opinions that the Board will proceed very carefully with counsel to ensure compliance with legal requirements.

Supervisor Kraus reminds all that he was the previous owner of that establishment for 20 years serving customers outside at tables and never had a problem. There were times we had parking along highway A on both sides and never had a complaint nor did we ever have a visit from the police. He further points out that as a member of the board for 26 years for Richmond Township, the one time that the Board was going to deny a liquor license for non-payment of liquor bills, a District Attorney in Madison Wisconsin ordered us to issue the license as we were taking away the persons livelihood, pointing out that denial of a liquor license is scrutinized very closely by State Agencies.

Supervisor Overbeek points out that denial of issuance of the liquor license is getting ahead of the County as they are working with Badger Bob to resolve this violation of conditional use and we should let that activity play out.

Overbeek motion to table this issue until we have time to confer with counsel, second by Wade, passed unanimously.

N6424 Kenosha Drive construction materials sitting around viewed as unsightly.

Supervisor Kraus went to view the property and reports that the material is building material that appear to be neatly stacked. Overbeek states that there are many properties with building materials sitting around and this property appears to be no different. Karbash points out that there isn’t anyone here to advise the board specifics on this, it isn’t a rodent or health or safety concern and consequently Karbash motions to disregard this complaint, second by Overbeek, passed unanimously.

Payment of Bills

Motion by Overbeek to pay the bills, second by Miller, passed unanimously.

Motion to adjourn by Overbeek, second by Wade, passed unanimously. Meeting Adjourned

Respectfully submitted

Brian Hayes