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August 11, 2014 Monthly Meeting

AUGUST 11, 2014
7:00 PM
The Monthly Meeting was called to order by Chairman Robert Giese. 
Present were Chairman R. Giese, Supervisors LeRoy Schmitz and Phyllis
Giese, Clerk Patti Supple, Treasurer Jody Roffers, Attorney Matt
Parmentier and various Town residents.  Confirmation was made of open
meeting notice.  Minutes from the previous meeting were approved as
Mike Maloney and Todd Jansen from MSA Professional Services presented
a brief description of the services they offer to municipalities.  
There is a focus group meeting on Winnebago Waterways for interested
Jim Supple presented the monthly update on Code Enforcement and
a.	 The Board will be meeting in closed session on the Zeleske shed
b.	Copies of the letter to Bob Welling were forwarded to the County to
aid in the litigation scheduled for August 25, 2014.  
c.	On August 7, 2014 David Willy of W6354 Driftwood Lane was sent a
letter giving him 10 days to remove the debris in the road
right-of-way and 30 days to clean up the junk in his yard.
d.	In July a letter was sent to the resident adjacent to the Grove
Street ditch.  A reply was received per phone that he is not putting
any yard waste in the ditch.  The matter will continue to be reviewed
to resolve the issue by either filling in the ditch or cleaning out
the yard waste.
e.	Weeds in the field adjacent to W6322 Grove Street have been
partially cut.  The matter will be monitored until the weeds are all
cut.  Joel Streblow, in a phone call to the Permit Office, stated the
field is a wild life food plot, but could not verify that the proper
paperwork has been filed with the County.  On August 7th Mr. Streblow
was informed the matter would be on the August 11 agenda.
f.	On July 24, 2014 the Poch family was informed of the violation to
the pool fence ordinance.
g.	Weeds in Westfield Hideaway have been clipped.
Chairman Giese noted that the Town road employees have been out
filling in potholes in the road shoulders.  He reported on a recent
incident involving a resident harassing and threatening one of the
employees while he was doing his job. The Town has the right to put
gravel in the right-of-way.  The resident then put sod in the hole,
but the plowing this winter will take this out.  Gravel is placed to
support a car or truck if it ends up dropping off the road.  Charlie
Martin said it would be a good idea to let residents know they do not
own up to the road bed.
Robert and Maureen Poch installed an in ground pool with a retractable
cover.  The present pool ordinance calls for fencing around a pool. 
Letters were sent to surrounding property owners letting residents
know that the Poch’s were requesting the ordinance be changed to allow
the retractable cover instead of a fence.  Two property owners
responded.   One was opposed to the change, and one for the change. 
The automated cover locks and is stable enough for an adult to walk
on.  It has a keyed lock box.  Taycheedah and Empire have allowed the
cover in place of a fence.  Attorney Parmentier noted the Town Board
has the right on a case by case basis to approve or disapprove the
request.  The Board also has the right to turn the matter over to the
Planning Commission to change the ordinance to add the covers.  Until
the matter is decided, a temporary fence must be erected.  Motion was
made by R. Giese and seconded by Schmitz to turn the matter over to
the Planning Commission for review.  Motion carried.
There is no update on the Esterbrook Road, Blue Heron project.  Robert
Moodie, owner of the property to the west of Van Horn is requesting
the Town Board ask Van Horn for construction of the frontage road.  
At the present time, the County has not approved the location of the
frontage road.  Chairman Giese, asked if the base of the road could be
constructed now and the concrete added later.  Attorney Parmentier
reported the agreement with Van Horn says the Town has the right to
request the road be constructed at any time.  However, the County must
finalize the site for the road.  Motion was made and seconded to have
Attorney Parmentier contact Van Horn’s attorney to let him know the
Town will be requesting construction of the road.  Motion carried.  A
copy of the letter will also be sent to Tom Janke at the County
Highway Department.
The exercising of the water valves was discussed.  Motion was made and
seconded to amend the agreement with the Village of North Fond du Lac
to exercise those valves that do not prove resistant.  Motion was made
and seconded to allow for $2500.00 to $3000.00 be spent each year to
exercise the valves.  Motion carried.  Supervisor Schmitz and Chairman
Giese, at separate times, toured the new chlorination building.  The
status report was reviewed.
Scott Roltgen and Jeanold Thuecks were present from Emery Lane to
discuss the construction of the road.  The Town Board reiterated the
following terms, $5000.00 toward the cost, same interest rate as the
Town gets from the NEBAT, 10 year amortization and charged by property
owners not frontage.  Once the residents on Emery Lane agree to the
terms, the Town will move forward with the agreement.  Motion was made
and seconded to approve the construction of the road with the above
mentioned terms.  Motion carried.  Scott Roltgen asked for permission
to contact two private contractors to get bids before moving forward
with the County bid.  If a private contractor is hired, the residents
must handle all the paperwork and contact.  The private contractor
must approach the Town Board for payment once the road construction is
completed and approved.
Owners of Fondy Sports Complex were present to discuss moving forward
on the Aqua Park.  The Town Board is concerned over mounting costs of
reviewing plans, therefore, before moving forward on any more
discussions, the Town Board expects reimbursement of some of the
review costs ($3681.00), DNR approval of the 2 ½ acre pond, and a
signed reimbursement agreement.  Dan Deuster said they have the new as
built plans for the pond as well as an updated stormwater plan.  He
said they have tried to do the right thing, and don’t feel they should
have to pay for past costs.  He said they weren’t aware the clock was
ticking on fees.  He has records stating the request for reimbursement
was not addressed until September of 2013.  Attorney Parmentier noted
the review costs are much less than what could be sought for
violations and forfeitures which could amount to $50.00 to $500.00 per
day.  Mr. Deuster asked if they paid could they move forward with the
aqua park.  Payment of fees does not constitute approval from the
Town.  Since this aqua park is a new use, it would need a Special Use
Permit.  Before moving forward, step one is to get DNR approval for
the larger pond, step two is to pay fees, and step three is to sign a
reimbursement agreement.  
The status of the Farmland Preservation Certification is in limbo. 
The State has created a new problem in relation to County Shoreland
Zoning.  In a Court of Appeals case, land under County Shoreland
Zoning is not eligible for Farmland Preservation payments.  This
ruling would affect 2000 acres in the Town of Fond du Lac.  This
matter will need more review.
The topic for Stormwater Management is “Renew Our Waters”.
Motion was made and seconded to approve the following operator’s
licenses:  Jessica Gonzalez and Kyle Baker for Hwy 151 Mobil and Lisa
Hansen for Engies.   Motion carried.
Motion was made and seconded to approve the reappointment of Mike
Guilfoile and Larry Kaatz to the Planning Commission and to appoint
Robert Mikkelsen.  Motion carried.
Supervisor Schmitz attended the County Highway Meeting where Dr.
Donald McDonald asked for elimination of the culverts on Grove Street.
 Clerk Supple, Chief Election Inspectors and Poll Workers attended the
County classes for election updates.  Treasurer Roffers will attend
the update on the tax collection procedures.  Chairman Giese will
attend the OSG meeting.
Planning Commission will be meeting to address the swimming pool
ordinance.  The Board of Appeals has no meetings scheduled.
Clerk Supple reminded Town residents of the August 12, 2014 partisan
primary election.  She also recommended per Charlie Martin that the
Town add to the permits that before starting a project the Town needs
48 hour notice.  This matter will be added to the September agenda.
Chairman Giese reported the outside of the Town Hall has been
tuck-pointed and electrical work has been done, landscaping has been
done, and a flag pole reinstalled.  He has toured Town roads, had
County and Town employees doing shouldering work.  He is still looking
for options on upgrading Tuxedo Lane.  Drainage issues on Rockwood
Court and Dixon have been addressed.  Other drainage issues in
subdivisions need to be addressed through the covenants not the Town. 
Work on Hickory Street Bridge has been completed.  The foundation of
the barn at Simon Park has been back-filled and gravel added inside
the barn to level the floor.  Weed cutting is an ongoing issue that
will need further review to alleviate some concerns.  One option is to
hire someone to just do roadside weed cutting. 
                General Account received: $293,222.05
	                              Orders: 233,774.99
                                            Balance: 209,103.75
		CD:  $75,000.00
	Road, Bridge, Culvert & EQ: $422,856.03
	Park:  $18,698.37
		Town Hall CD:  $96,213.71
		Fire Dept. CD:  $5,507.41
Motion was made and seconded to approve the Financial Report.  Motion
	Bills:  $138,514.56  Wages:  $12,378.66
Motion was made and seconded to approve the Payment of Bills.  Motion
Supervisor Phyllis Giese submitted her resignation from the Town Board
and Water Utility District.  The Town Board reluctantly accepted her
resignation and thanked her for her service to the Town residents. 
Her presence will be missed.  Mrs. Giese has agreed to remain on the
Advisory Park Committee and has expressed interest in being a poll
Motion was made and seconded to adjourn into closed session by voice
vote 2 aye.
	The Town Board intends to convene into closed session pursuant to
Wis. Stat. § 19.85(1)(e) for the purpose of deliberating or
negotiating the purchasing of public properties, the investing of
public funds, or conducting other specified public business, because
bargaining reasons require a closed session. (Esterbrook Estates
Addition No. 1).  
The Town Board intends to convene into closed session pursuant to Wis.
Stat. § 19.85(1)(g) for the purpose of conferring with legal counsel
for the Town who is rendering oral or written advice concerning
strategy in litigation in which the Town is or is likely to become
involved and pursuant to Wis. Stat. § 19.85(1)(e) for the purpose of
deliberating or negotiating the purchasing of public properties, the
investing of public funds, or conducting other specified public
business, because bargaining reasons require a closed session. In
closed session, the Board will be discussing the pending lawsuit
against John Zeleske (roll call vote required).
Motion was made and seconded to adjourn.  Motion carried.
Submitted by Patti Supple, Town Clerk

Archive of Past Meeting Minutes

  • October 9, 2017 Monthly Meeting
  • September 11, 2017 Monthly Meeting
  • August 14, 2017 Monthly Meeting
  • July 10, 2017 Monthly Meeting
  • June 12, 2017 Monthly Meeting
  • May 8, 2017 Public Hearing & Monthly Meeting
  • April 10, 2017 Monthly Meeting
  • March 13, 2017 Monthly Meeting
  • February 13, 2017 Monthly Meeting
  • January 9, 2017 Monthly Meeting
  • December 12, 2016 Monthly Meeting
  • November 14, 2016 Monthly Meeting
  • October 10, 2016 Monthly Meeting
  • September 12, 2016 Monthly Meeting
  • August 8, 2016 Monthly Meeting
  • July 11, 2016 Monthly Meeting
  • June 13, 2016 Monthly Meeting
  • May 9, 2016 Monthly Meeting
  • April 11, 2016 Monthly Meeting
  • March 14, 2016 Monthly Meeting
  • February 8, 2016 Monthly Meeting
  • January 11, 2016 Monthly Meeting
  • December 14, 2015 Monthly Meeting
  • November 9, 2015 Monthly Meeting
  • October 12, 2015 Monthly Meeting
  • September 14, 2015 Monthly Meeting
  • August 10, 2015 Monthly Meeting
  • July 13, 2015 Monthly Meeting
  • June 8, 2015 Monthly Meeting
  • May 11, 2015 Monthly Meeting
  • April 13, 2015 Monthly Meeting
  • March 9, 2015 Monthly Meeting
  • February 9, 2015 Monthly Meeting
  • January 12, 2015 Monthly Meeting
  • December 8, 2014 Monthy Meeting
  • November 10, 2014 Monthly Meeting
  • October 13, 2014 Monthly Meeting
  • September 8, 2014 Monthly Meeting
  • August 11, 2014 Monthly Meeting
  • July 14, 2014 Monthly Meeting
  • June 9, 2014 Monthly Meeting
  • May 12, 2014 Monthly Meeting
  • April 16, 2014 ANNUAL MEETING
  • April 14, 2014 Monthly Meeting
  • March 10, 2014 Monthly Meeting
  • February 10, 2014 Monthly Meeting
  • January 13, 2014 Monthly Minutes
  • December 9, 2013 Monthly Meeting
  • November 11, 2013 Monthly Minutes
  • October 14, 2013 Monthly Meeting
  • September 9, 2013 Monthly Minutes
  • August 12, 2013 Monthly Minutes
  • July 8, 2013 Monthly Minutes
  • June 10, 2013 Monthly Meeting
  • May 13, 2013 Public Hearing-Monthly Meeting
  • April 8, 2013 Monthly Meeting
  • March 11, 2013 Monthly Meeting
  • February 11, 2013 Monthly Meeting
  • January 14, 2013 Monthly Meeting
  • December 10, 2012 Monthly Meeting
  • November 12, 2012 Monthly Meeting
  • October 8, 2012 Monthly Meeting
  • September 10, 2012 Monthly Meeting
  • August 13, 2012 Monthly Meeting
  • July 9, 2012 Monthly Meeting
  • June 11, 2012 Monthly Meeting
  • May 14, 2012 Monthly Meeting
  • April 9, 2012 Monthly Meeting
  • March 12, 2012 Monthly Meeting
  • February 13, 2012 Monthly Meeting
  • January 9, 2012 Monthly Meeting
  • December 12, 2011 Monthly Meeting
  • November 14, 2011 Monthly Meeting
  • October 10, 2011 Monthly Meeting
  • September 12, 2011 Monthly Meeting
  • August 8, 2011 Monthly Meeting
  • July 11, 2011 Monthly Meeting
  • June 13, 2011 Monthly Meeting
  • May 9, 2011 Monthly Meeting
  • April 11, 2011 Monthly Meeting
  • March 7, 2011 Monthly Meeting
  • February 14, 2011 Monthly Meeting
  • January 10, 2011 Monthly Meeting
  • December 13, 2010 Monthly Meeting
  • November 8, 2010 Monthly Meeting
  • October 11, 2010 Monthly Meeting
  • September 13, 2010 Monthy Meeting
  • August 9, 2010 Monthly Meeting
  • June 14, 2010 Monthly Meeting
  • May 10, 2010 Monthly Meeting
  • April 13, 2010 ANNUAL MEETING
  • April 12, 2010 Monthly Meeting
  • March 29, 2010 Workshop Meeting
  • March 8, 2010 Monthly Meeting
  • February 8, 2010 Monthly Meeting
  • January 25, 2010 Workshop Meeting
  • January 11, 2010 Monthly Meeting
  • December 14, 2009 Monthly Meeting
  • November 9, 2009 Monthly Meeting
  • October 12, 2009 Monthly Meeting
  • September 28, 2009 Workshop Meeting
  • September 14, 2009 Monthly Meeting
  • August 10, 2009 Monthly Meeting
  • July 13, 2009 Monthly Meeting
  • June 8, 2009 Monthly Meeting
  • May 11, 2009 Monthly Meeting
  • May 6, 2009 Town Board Meeting
  • April 16, 2009 Town Board Meeting
  • April 13, 2009 Monthly Meeting
  • March 30, 2009 Workshop Meeting
  • March 9, 2009 Monthly Meeting
  • February 24, 2009 Town Board Meeting
  • February 9, 2009 Public Hearing and Monthly Meeting
  • January 20, 2009 Joint SD#3 and Town Board
  • January 12, 2009 Monthly Meeting
  • January 10, 2009 Town Caucus
  • December 31, 2008 PROPOSED BUDGET
  • December 8, 2008 Monthly Meeting
  • November 17, 2008 Workshop Meeting
  • November 17, 2008 Public Budget Hearing
  • November 17, 2008 Workshop Meeting
  • November 16, 2008 Town Board
  • November 3, 2008 Monthly Meeting
  • October 13, 2008 Monthly Meeting
  • October 2, 2008 Special Town Board
  • September 24, 2008 Town Board
  • September 22, 2008 Workshop Meeting
  • September 22, 2008 Workshop Meeting
  • September 8, 2008 Monthly Meeting
  • August 14, 2008 Joint SD#3 and Town Board
  • August 11, 2008 Public Hearing and Monthly Meeting
  • July 14, 2008 Monthy Meeting
  • June 19, 2008 Town Board
  • June 9, 2008 Monthly Meeting
  • May 29, 2008 Workshop Meeting
  • May 12, 2008 Monthly Meeting
  • April 28, 2008 Workshop Meeting
  • April 14, 2008 Monthly Meeting
  • April 10, 2008 Sanitary District #3
  • April 10, 2008 Workshop Meeting
  • March 10, 2008 Monthly Meeting
  • February 28, 2008 Workshop Meeting
  • February 25, 2008 Workshop Meeting
  • February 13, 2008 Workshop Meeting
  • February 11, 2008 Monthly Meeting
  • January 28, 2008 Workshop Meeting
  • January 14, 2008 Monthly Meeting
  • December 10, 2007 Monthly Meeting
  • November 27, 2007 Public Budget Hearing
  • November 15, 2007 Budget Workshop
  • November 12, 2007 Monthly Meeting
  • October 23, 2007 Town Board-Workshop
  • October 8, 2007 Monthly Meeting
  • September 24, 2007 Workshop Meeting
  • September 10, 2007 Monthly Meeting
  • August 27, 2007 Workshop Meeting
  • August 13, 2007 Monthly Meeting
  • July 9, 2007 Monthly Meeting
  • June 25, 2007 Workshop Meeting
  • June 11, 2007 Monthly Meeting
  • May 14, 2007 Monthly Meeting
  • May 8, 2007 Advisory Park Committee
  • April 9, 2007 Monthly Meeting
  • April 5, 2007 Advisory Park
  • April 4, 2007 Workshop Meeting
  • March 26, 2007 Town Board Meeting & Workshop w/Town of Lamartine
  • March 14, 2007 Workshop Meeting
  • March 12, 2007 Monthly Meeting
  • March 12, 2007 Monthly Meeting
  • February 12, 2007 Public Hearing
  • January 22, 2007 Workshop Meeting
  • January 18, 2007 Planning Commission
  • January 8, 2007 Monthly Meeting
  • October 11, 2006 Planning Commission
  • September 27, 2006 Planning Commission
  • January 25, 2006 Planning Commission