Delavan Town Board tables noise ordinance

By Michael S. Hoey

Correspondent

The Town of Delavan Board tabled a noise ordinance it is considering in response to several complaints about the noise emanating from Cattails Bar and Restaurant on Feb. 16. Ongoing complaints have been coming in from the nearby residential neighborhood for months.

During public comments, Pastor Richard Holt of Lakeland Community Church illustrated the problem with passing an ordinance directed at one person or business – it impacts everyone in the town. Holt asked the board to table the ordinance for a month because he had just heard about it the day of the meeting and wanted more time to study it and see what impact it would have on the church. The church has been the source of some noise complaints in the past.

One part of the proposed noise ordinance is to include a decibel level that residents and businesses cannot exceed. Olson said that would provide the police department with an objective way to measure noise rather than just someone’s opinion that it’s too loud.

Supervisors Katherine Gaulke and Kim Jedlicka both expressed concerns about the decibel level in the ordinance being too low.

Gaulke was concerned that residents would not be able to use their snow blowers before 7 a.m., according to the ordinance, and some people have to do so earlier in order to get to work. She also said Lakeland Community Church wanted more input based on the comments made by Holt, and local business owner Chris Marsicano was opposed to the ordinance as it is written.

“This is very concerning – we don’t want to take rights away from our citizens,” Gaulke said. “This impacts the entire community, not just one problem.”

Jedlicka said she often blows leaves off her property well into the evening hours after working all day and was concerned that she would be in violation of the evening time constraints on noise.

Supervisor Lynnette Phillips said the board should not look at the issue in such a way that residents were likely to call in noise complaints over someone snow blowing or vacuuming, but Gaulke said that was a possibility as the ordinance is currently written.

Police Chief Ray Clark said his department would have some discretion about enforcing the ordinance but if enough complaints are lodged, the department would have to take action. He said his department has received noise complaints about snow blowing and loud conversations in neighboring yards in the past.

Olson asked attorney Rich Schulze if the ordinance could apply only to businesses and Schulze said it could.

Jedlicka asked if the ordinance would meet the needs of what the town is trying to do and solve the problem. With no one able to answer that question, the board voted to table the ordinance and have Schulze take a look at alterations that could be made to it.

Annual meeting moved

The board approved moving the annual meeting in April from the Town Hall to Lake Lawn Resort by a 3-2 vote.

Olson said Lake Lawn has offered its largest conference room, the Geneva Room, at no cost to the village for the meeting. That room can hold 120 people even with social distancing in place.

Chairman Larry Malsch said he was not sure why anyone thought that many people were likely to come to the annual meeting and did not see the need to relocate.

Phillips said the last four meetings have produced seven, 13, 40 and 22 residents and questioned the need to relocate the meeting. She also said holding the meeting at Lake Lawn would be a burden on disabled attendees.

Gaulke said the Geneva Room has very easy access for disabled people with a parking lot nearby. The actual ability to hold 22 or 40 residents in Town Hall was questioned as it was suggested the seating capacity might be as low as 15 with social distancing in place.

Supervisor Mary Knipper said she would rather be prepared for a large crowd and not need the space than the reverse. She said guessing not very many people would attend does not take into account an issue that might bring people out.

Gaulke made the motion to move the meeting to Lake Lawn. Malsch and Phillips were the two opposition votes.

 

One Comment

  1. As far as Lakeland Church getting complaints, I can’t imagine the horses up the street or the residents of the cemetery next door care much. So, just turn down the speakers when celebrating outside.