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September 8, 2014 Monthly Meeting

7:00 PM
The Monthly Meeting was called to order by Chairman Robert Giese. 
Present were Chairman Giese, Supervisor LeRoy Schmitz, 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 presented.  
Ponce Torres stated that his neighbor has misdirected water flow and
caused water to pool on his property.  He thinks his neighbor hauled
in some fill which caused this problem.  He asked who maintains the
drainage in the subdivision. The matter will be reviewed and placed on
the October agenda.  Mr. Torres also presented a petition from the Fox
Drive subdivision asking the Board to review the non-compliance to
hook up to the sanitary sewer by several area residents.  This matter
will be on the October agenda for Sanitary District #3.  Both meetings
will be held on October 13.  Chairman Giese asked Mr. Torres for
permission to walk on his property to review the situation.  Mr.
Torres granted permission.
John Zeleske stated that at the last meeting the Clerk noted that
granting permission to use a pool cover instead of fencing was not a
common sense issue but an ordinance issue.  Mr. Zeleske stated the
Board should take more upon themselves and not just use a book to
regulate situations.  
Jim Supple, Code Enforcement gave a rundown of the month’s enforcement
a.	 John Zeleske shed issue will be discussed in closed session.  
b.	Robert Welling on Bechaud Beach Road, nothing has been done.   The
County Court date is set for October 10, at 1:00 pm before Judge
c.	A letter was sent to David Willey Lot 61 , N6354 Driftwood Lane
about trash in the Town right-of-way and in his yard.  He was given 10
days to clear the right-of-way and thirty days on the rest of the junk
in his yard.  Since nothing has been done, and he has become
belligerent to his neighbors, it was decided to have the Sheriff’s
Department deliver a letter telling him to clean up his yard.
d.	On Friday, September 5, Chairman Giese and Mr. Supple walked the
Grove Street ditch area to try to come up with some options for this
area.  The County will survey the area to determine actual ownership
in the area.  The DNR will be contacted to determine if the area can
be filled in.
e.	Joel Streblow cut the weeds in the field on Grove Street.
f.	Kathy Meier contacted the Clerk on the following matters: 
(Chairman Giese and Mr. Supple checked out the matters.)
1.	 Dogs running at large.  Neighbors in the area said about a month
ago a dog got away from Mr. Arndt.  The dog was caught and Mr. Arndt
came and got his pet.  Dog attack.  The dog was with his owner in his
yard.  He ran barking towards a lady walking her two dogs. No one was
bit or hurt.
2.	Weeds that need cutting on Forest Avenue Road and Esterbrook Road. 
The weeds will be cut by the County, this is not a Town issue.
3.	Weeds in the field owned by Regan Arndt.  Mrs. Meier requested the
Clerk contact the UW-Extension concerning the weeds.  She stated this
is not planted into prairie grass but is unsightly.  Clerk Supple
determined Mr. Arndt’s property is zoned agricultural.  He has bee
hives in the field and has planted trees.  
4.	Mrs. Meier stated that the asphalt patch done across the road from
her to alleviate damage done by the school bus and garbage trucks
needs to be done in front of her house too.  This is not a priority
project at this time.
g.	Vision clearance on the Meisenberg property, farmed by John Shafer
was reviewed.  A letter was sent and Mr. Shafer stated he is not in
violation and will not cut his crops.  The matter will be further
h.	L&H Gyr is having unsupervised burning done on their property.  A
letter will be sent stating that any further fire calls due to this
burning will be billed in the future.
i.	James Maly on CTH V was contacted for illegal parking of a trailer
on the road.  He removed the trailer.
j.	The dispute between Chris Wells and Dave Zimmerman on drainage
issues has recurred.  Chairman Giese and Mr. Supple inspected the
property.  While some low areas were filled in and seeded down, they
did not exceed the 10 yards of moved materials.  Mrs. Wells was
informed of the inspection and determination.  It was recommended she
move her sump pump hose so it drains in a different direction
Several questions regarding the status of the Town-City negotiations
have arisen.  The following statement was read by Chairman Giese:
The Town of Fond du Lac, together with the Towns of Byron, Empire,
Friendship and Taycheedah, have been discussing the renewal of the
existing City-Town border agreement.  This agreement expires in 2016.
The current agreement has greatly benefitted the Town of Fond du Lac
because it has allowed the Town to grow its tax base without the risk
of annexation.  For this reason, the Town has been willing to consider
renewing the agreement, provided the terms are acceptable.
Discussions so far have been good.  With one exception, most of the
issues have been resolved.  The unresolved issue has to do with the
City’s request to attach certain Town islands and peninsulas.  We’ve
expressed our serious concerns about these attachments.
The discussions will renew this fall.  We will provide you with
updates.  And, of course, we will not sign a renewal without first
presenting the documents to you for your comments.  Thank you.
The Tuxedo Lane Road repairs were discussed.  Years ago, the City did
some sewer work and the road was capped over the black top.  About 1/3
mile of road needs reconstructive work done.  The County will do the
work.  Motion was made and seconded to have the County do the work per
bid.  Motion carried.
Due to some issues with the issuance of permits and the time frame for
beginning work, 48 hours notice will be required before beginning
work.  Motion was made and seconded to approve the change in language
on permits to require 48 hour notice before beginning construction. 
Motion carried.
The access point for the frontage road off Esterbrook Road on the Van
Horn property was discussed.  Attorney Parmentier reported he had
contacted a representative from Van Horn and told him the Town would
be calling for the construction of the road. There was no response
from Van Horn.  He also contacted Eric Fowle from ECRP asking him to
participate in a workshop to discuss road standards and road location.
 A meeting will be set up with the Town Board to discuss these
matters.  Ponce Torres asked why the road is needed.  Chairman Giese
stated that the road will be an access to the properties fronting on
Hwy 23 since the State has limited access off Hwy 23.  The proposed
road will tie into Streblow Drive and could also tie into an access
off Forest Avenue Road.  Robert Moodie, who owns the land west of Van
Horn reported that Tom Janke is waiting for a plan from the Town.
Exercising the valves in the water system will occur in 2015 if a
needed part-time person is hired by the Village of North Fond du Lac. 
The Village Board needs to approve the hire.  Since the punch list on
the chlorination building has not been completed, motion was made and
seconded to hold the final payment until the punch list is completed. 
Motion carried.  Mr. Torres asked when the water system would be
viable.  The water system has been viable since last fall.  Chairman
Giese reported the system serves the Town businesses on the west side
as well as many residents’ homes.  The water pressure is up to par. 
All water is from the Village of North Fond du Lac wells.
Scott Roltgen of Emery Lane asked the Town to get an updated bid from
the County on the resurfacing of Emery Lane.  Supervisor Schmitz will
talk to the County at the next Highway Committee meeting.
Bob Deuster and Ed Schneider from Fondy Sports Park stated they had
talked to Anthony Fischer from the DNR about the pond permit issue. 
They stated they now have an approved pond per the DNR.  In the matter
of the reimbursement of fees of $3681.00, they feel they are being
unjustly charged.  They apologize for the miscommunication on the Aqua
Park, but felt the approval for the park would progress quickly.  They
stated they have never had to pay for the Town’s share of review fees
and don’t feel they should be charged for fees that they were not made
aware of up front.  They also noted that all improvements to the pond
are removable.  Chairman Giese asked for their proposal in writing. 
Attorney Parmentier stated that while past fees are negotiable, all
upcoming fees would be covered by a reimbursement agreement.  Town
residents should not have to pay for review fees.  At the October
meeting the past fees will be discussed, and action will be taken on
the reimbursement agreement.  Once these issues are resolved, the Aqua
Park plans must be resubmitted to the Planning Commission.  Before the
October meeting, a workshop meeting will be held to discuss the fees.
On August 27, 2014 the questions submitted by the State on the
Farmland Preservation updates were discussed by the Town Board. 
Gremmer is updating the requested changes to the maps.  The updates
will be resubmitted to the State for final approval.  
Premier Streblow Estates Phase I and II were discussed.  Phase I is
behind schedule and the Development Agreement will need to be amended
to reflect the delay.  Sewer and water systems are completed by Fondy
Investments, and the final as built plans will be submitted to Gremmer
for review.  The Phase II pre-development Reimbursement Agreement
needs to be approved and signed.  Motion was made and seconded to
approve the Reimbursement Agreement per the Attorney recommendations. 
Motion carried.
The Stormwater topic for September is “Leave your Leaves”
Chairman Giese and Supervisor Schmitz attended the Town’s Association
meeting.  Topics discussed were alcohol pamphlets and farmland
preservation.  Chairman Giese and Roadman Schmidt will be attending
the upcoming meeting to learn how to calibrate the Town salters for
this winter.
No Board of Appeals meetings are planned.  The Planning Commission
will meet on September 10 to review the swimming pool covers and the
Rusniaczek CTH K plan.  On September 17 they will meet to review
Streblow Estates Phase II.  
Clerk Supple reviewed the new State requirements for setting hours for
in person absentee voting and photo ID requirements.  
Clerk Supple asked for the rules on rebuilding a house that does not
meet set back requirements.  The owner must meet set back requirements
if the house is demolished.  He can do repairs but no reconstruction.
General Account received:  $364,416.19
	                Orders:      240,062.17
	                 Balance:    333,457.77
	CD:  $175,000.00
Road, Bridge, Culvert & EQ:  $422,900.96
Park:  $18,525.40
	Town CD:  $96,217.66
	Fire Dept. CD:  $5507.41
Motion was made and seconded to approve the Financial Report.  Motion
Bills: $236,107.47  Wages:  12,622.58
Motion was made and seconded to approve the Payment of Bills.  Motion
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).
The Town will not convene into closed session on the Esterbrook
Estates Addition 1 matter.
After the closed session, 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