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Village of Somerset Special Board Meeting July 31 Minutes

Monday, August 11, 2014 - 11:20pm

Special Meeting of the Village of Somerset
Board of Trustees
July 31, 2014
Village Hall, 110 Spring Street Somerset, WI 54025
President Johnson called the special meeting to order at 7:22 p.m. Present: Jeffrey Johnson, Greg Sayers, Ryan Sicard, Bob Krueger, Dave Carufel, Bartt Palmer and Bob Campbell. Village Attorney Anders Helquist was present.
PLAN COMMISSION RECOMMENDATION: 1. No action to reverting the conditional use permit from Montpetit Brothers back to D & J LLC and that Montpetit Brothers will prevail on the Conditional Use permit. 2. To not suspend the conditional use permit for Montpetit Brothers LLC.
Public comment on the action on name change reversion for conditional use permit held by Montpetit Brothers LLC back to D & J LLC: Ryan Cari advised the board that the dispute isn’t on who the owners are of D & J LLC but with the holder of the lease. According to the Village ordinance the CUP must be an owner or have possessory interest which Mr. Kappers has. Sayers wanted clarification that the liquor license is under the name Apple River Solutions which is under a lease through D & J LLC. Several of the board members commented that this issue is between the two parties and that it should be decided at the circuit court level and that it wouldn’t do any good changing it back. Cari commented that converting it back would be consistent with prior acts of this board with issuing Conditional Use Permit to the owner. Attorney Helquist questioned Montpetit about the Lease he has that hasn’t been presented to the board. Montpetit answered that the Landlord is D & J LLC and that Montpetit Brothers is the tenant. Attorney Helquist stated that majority of leases are clear cut and is sure there will be a remedy in the court and a clarity ruling. If the court recommends to revert the conditional use permit back to D&J LLC the Village will revert it back but let the court decide on this.
Motion by Carufel, second by Campbell to except the Plan Commissions recommendation to not revert the Conditional Use Permit that was issued in Montpetit Brothers LLC back to D & J LLC and motion carried.
Public comment on possible action to the suspension of conditional use permit held by Montpetit Brothers LLC: Motion by Sayers, second by Carufel to not suspend the Conditional Use permit for Montpetit Brothers, LLC. Krueger voted no all others yes and motion carried.
Adjourn: Motion by Johnson, second by Sicard to adjourn and motion carried.
Adjournment: 7:50 p.m.
Felicia Germain, Clerk