By Bob Peryea
Correspondent
On Monday night, July 15, the Elkhorn City Council chambers were packed with a crowd which flowed out into the hallways of City Hall. Much of the crowd had arrived to speak to the council regarding the Sunset Pool referendum that will be put before voters this fall.
The referendum will be a non-binding advisory referendum, advising the council whether or not to borrow $3.5 million to build a new aqua center in the location of the present pool.
The discussion on Monday night was expected to focus on whether or not the referendum should be binding. Alderman Brian Olson read a two-page statement that settled that question before public discussion began.
“I have spoken to numerous lawyers for the public and private sector and all have come the same conclusion,” Olson stated. “All have concluded that naming a binding referendum could open up lawsuit … A sitting body may not ‘bind’ future bodies pertain to borrowing.
“I am an advocate of preserving Elkhorn’s historical past, being responsible with the present and planning for our future,” he continued.
Olson then took an unusual step of taking a “straw poll” of the councilmembers asking them to commit to taking action immediately, guided by the vote the citizens.
Aldermen Jim D’Alessandro, Gary Payson as well as Olson committed to acting immediately in accordance with the voters’ wishes.
Alderman Hoss Rehberg said that he didn’t vote “yes” on the straw poll because he felt that the council shouldn’t rush any decisions as large as $3.5 million dollars, but that he agreed that the council should enact the will of the people. Aldermen Scott McCreary and Jim Boardman said nothing and did not vote either way on the straw poll.
This straw poll has no legal implication, it was simply intended by Olson to allow the aldermen to state whether they abide by the vote of the people or not.
After Olson’s remarks, the public was given an opportunity to speak.
The first person to speak was former city council member Kim DeHaan, who resigned shortly after being re-elected.
“You come out to support a pool that is only used for a short time in summer. Where are you when we were discussing really important issues?” DeHaan said. “I can’t believe the turnout tonight for a pool. I hope that you live on a street where the roads are crappy. This whole thing is very one-sided if you do it (hold the referendum vote) when other people don’t come out to vote.”
DeHaan highlighted one of the arguments against the funding for the pool, that it would reduce funding to fix roads.
“It’s not a matter of either the pool or the roads. Roads will still get fixed in the city,” D’Alessandro later explained in response to DeHaan’s statement. “Repairs will continue. We might do less than if we don’t build a pool, but street repairs will continue.”
Several citizens spoke in favor of the pool.
“It is interesting the one of the photos in this room that we are meeting has a photo of the pool on the wall,” said Mike Shore, a local childcare provider.
Other speakers indicated that they relocated to Elkhorn, in part, because of Sunset Pool.
“I read in the newspaper that it might cost $200,000 to repair the existing pool. Is that correct?” asked Dagmar Knorr. She continued with a number of questions. “How much does the pool take in toward operating expenses? How many people in the Elkhorn School District use the pool? How much will property taxes increase? What is the cost per family now? What would the personnel costs be for a new pool?
“We need to analyze a lot more data and get some answers,” Knorr concluded.
Olson attempted answer some of Knorr’s questions. He indicated that he had not read the article regarding the $200,000 figure, and there is no way to predict for sure how much taxes might increase.
For the current pool, “it’s not a clean P&L (profit and loss report),” Olson said. He added the pool is inefficient, it loses water and the pool house is very inefficient.
Discussion also was had about Babe Mann Park and Elkhorn Lake as an alternative swimming area.
“How many people in this room realize that there is a lake in Elkhorn?” DeHaan has asked.
Olson responded saying since DeHaan’s departure the council has set aside money to begin rehabilitating the park and the lake. He pointed out that Geneva National Foundation was raising funds to build an all-access playground at Babe Mann Park.
In other action, the council decided to move several items to later dates for further action.
A recent hearing regarding alleged violations are the Redroom Bar, 15 E. Walworth St., the Legislative and Regulatory Committee recommended revoking the bar’s license.
On Monday morning, the bar owner retained an attorney who immediately filed a request to have the findings reviewed.
The full council will take up the question, after receiving written statements, at a future special meeting. The council decided on a special council meeting so that owner Eric Messerschmidt would not have to have any other items on the agenda.
Several people, including some members of the Tavern League of Walworth County spoke on behalf of Messerschmidt, saying that he never received any “citations” and should therefore not lose his license.
In other deferred action, a sex offender residence ordinance that was to be voted on was delayed until the next regular meeting.
Sandy Cornell of Wisconsin Department of Corrections (DOC) Sex Offender Registration Unit said that she and the DOC were opposed to this type of law.
“There is not a single study that indicates that this keeps people safer,” Cornell said. “In fact, it might make it harder to keep track of offenders.”
The council will take up the sex offender ordinance at the next regularly scheduled meeting on Aug. 5.
“As the attorney for the Nickel Plate Hotel,” said Tim Swatek. “This type of law could negatively affect their revenues.”
The Nickel Plate Hotel has a contract with the DOC to act as a halfway house for released inmates, including registered sex offenders.
Because Swatek is the attorney for the Nickel Plate Hotel, the Redroom Bar and Alderman Jim D’Alessandro, D’Alessandro recused himself from voting or discussion of the Redroom license issue.
Other matters
• Healthcare clinic. The city is finalizing the sale of land to the Mortensen Development Company to clear the way for the building of an Aurora Healthcare Clinic in the city.
• Market Street. Sidewalk improvements will begin shortly. The funding for the repairs will be coming from Tax Increment District 3, which has some residual funds.
• TDS. The council voted to purchase new data and telephone services from TDS Communications.
• Fire chief raise. All of the communities that pay the Elkhorn Fire Chief’s salary have agreed to a $10,000 increase, effective Jan. 1, 2014. The City of Elkhorn will pay 42 percent of the cost.
• Deputy clerk. Council approved a three-quarter to full-time entry-level clerk’s position. The council voted to tentatively approved the measure, thus giving City Administrator Sam Tapson permission to being drafting salary and job description proposals.
