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05-25-1993 04:31PM FROM Whyte&Hirschboeck S.C. TO 916082587138 P.02 WHYTE & HIRSCHBOECK sc_ Dane County Zoning and Natural Resources Committee May 25, 1993 Page 2 approves or disapproves of the Faga zoning petition. Supervisor John Van Dinter stated quite clearly that he would not join in any resolution either approving, disapproving or taking any action on the Faga zoning petition. The only action taken by the Town Board at its May 18, 1993 meeting respecting the Faga matter was that the Town Board approved a resolution to retain Attorney Wilson for advice with respect to the Faga matter. The perceived need for legal counsel only arose because of the alleged improprieties referred to in John Zawadsky's letter. The Town Board and I discussed, and everyone understood, that the Town Board's prior action in April of 1993 disapproving the Faga zoning petition pending further action by the Town would remain in place and would not be modified by any action at the May 18, 1993 Town Board meeting. Therefore, Attorney Wilson's characterization in the second paragraph on page one of his May 25, 1993 letter that the Board took no action and that the petition has been held in abeyance by the Town Board is flatly wrong. The Win of Westport Board has disapproved the Facia zoning Petition by its action at the April 19 or 20, 1993 meeting. Indeed, you have confirmed at the May 11, 1993 public hearing and in a telephone conversation With me that the Town of Westport has technically disapproved the Faga zoning petition. Second, the reason that I asked the Town Board to adopt a resolution neither approving or disapproving the Faga zoning petition was not, as Attorney Wilson states, because the Fagas were in the process of amending the petition, but rather because the Town Board's taking any action based on the Plan Commission's recommendation would in effect be a condoning or trivializing of the improprieties that have occurred at the Plan Commission level. The Town Board was acutely aware of the procedural improprieties that occurred and decided that it needed legal advice as to how to proceed in light of the perceived gravity of such improprieties. Accordingly, it is precisely the potential violations of Wisconsin law that has halted the Town Board in the processing of the Faga zoning. Finally, we wish to proceed this evening with respect to the Faga zoning petition. Since the Town Board has disapproved the Faga zoning petition, the Dane County Zoning and Natural Resources Committee is in a position, and does have the authority, to recommend approval of an amended zoning petition. Accordingly, we request that the Zoning Committee consider the amended Faga zoning petition and take action on it this evening.