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August 10, 2015 Monthly Meeting

TOWN OF FOND DU LAC 
FOND DU LAC COUNTY
MONTHLY MEETING 
AUGUST 10, 2015
7:00 PM
The Monthly Meeting was called to order by Chairman Robert Giese. 
Present were Chairman Giese, Supervisors LeRoy Schmitz and Dave
Schmitz, Clerk Patti Supple, Treasurer Brenda Post, Attorney Matt
Parmentier and various Town residents.  Confirmation was made of open
meeting notice.  Minutes from the previous meeting were approved as
presented.
Todd Fischer of N6545 Carrington Drive in Prairie Estates expressed
concern over the water issues in the subdivision.  He noted his sump
pump runs continuously.  He stated he has reviewed the concerns
expressed by various residents over the last several years.  He added
that the last recommendation was to install a pump on the south end of
the subdivision to drain the water.  Chairman Giese noted he has spent
several days in this area due to what was thought to be a water leak. 
Excavation was done by the Fischer house to repair a curb stop. 
Surface water was drained while the work was being done, and Fischer’s
sump pump did not run as often as before.  While the Village of North
Fond du Lac’s indicator showed a water leak in the area, further
testing showed there was no municipal water in the surface water. 
After doing some more research, it was found a contractor hired to
turn off water to a house nearby going into foreclosure, the wrong
valve was shut off, thus creating a water leak.  In addition to these
issues, the Town’s water district commissioners were notified by the
Village of North Fond du Lac that a million gallons of water were
unaccounted for.  While dealing with all these issues, most of the
unaccounted for water metering was accounted for, and the final
determination was the Fischer water was not municipal water but
surface water.  Thus, back to the Fischer issues of constant sump pump
use.  The Town maintains that the residents of the subdivision can
install the pump on private property to control the surface water
issues.  The Town cannot install the pump on municipal property due to
liability issues in case the sewer line breaks and the pump would pump
sewage into the nearby creek.  The privately installed pump would need
to disperse the water to either the creek, a ditch or a retention
pond.  A site and drainage plan would be needed for any of the
options.  Mr. Fischer indicated the clay dams proposed by one
contractor would only push the water issue off to his neighbor which
he is reluctant to do.  Mike Lichtensteiger reported there is no area
for a retention pond.  Chairman Giese reiterated that clay dams would
probably alleviate the water issues and each household would need to
install one in order to push the water further down towards the creek.
 Other options proposed by residents must be done on private property
and approved by the Town Board.  
Pam Wenzel expressed frustration over the camper storage issue on her
daughter’s property.  They would like to store the camper for the
winter, but since the property is on a corner, it is deemed to have
two front yards.  Since campers must be stored in the rear yard or
side yard, what is considered the rear or side yard on a corner lot? 
The matter will be reviewed by the Attorney Parmentier.
Jeannette Weber of Takodah Heights feels that a neighbor has
encroached on the Public Park in her subdivision by storing wood and
other debris on the property and also placing a swing set and
trampoline on the property.  Angie Brincka reported that their
property backs on the Park and for eight years they mowed the lawn and
maintained the Park.  Twelve years ago the late Chairman Harold Manske
granted them permission to place the play equipment of the property. 
The neighborhood children use the equipment daily.  Brincka’s maintain
the area around the play equipment even though the Town now mows the
remainder of the Park.  The recommendation was made to determine the
property lines and take up the matter at the September meeting.
Ben Schaefer asked for the date of the next meeting concerning the
sewer expansion.  The next meeting will be September 14, 2015 at 6:00
pm.
Tony Koenigs reminded residents of the Intergovernmental Agreement
meetings and the Park Committee meetings.
Joe Schumacher presented the plans for the heated storage building
which will be put out for bids on August 12 and 19.  The opening of
the bids will be September 1st at 2:00pm.  Mr. Schumacher asked since
the voters approved the construction of the storage building why does
the Town Board have final approval.  Chairman Giese stated that the
committee was appointed to review options, but the Town Board has the
final approval.  Mr. Schumacher then asked how changes to the plans or
construction questions should be handled once the construction begins.
 Attorney Parmentier stated the Town Board can delegate authority for
day to day questions on construction issues.  Motion was made and
seconded to appoint Supervisor LeRoy Schmitz as project manager. 
Motion carried with Supervisor L. Schmitz abstaining.  Since Clerk
Supple was not sent the plans for the bidding, and the ad must be in
the paper on the 12th, Attorney Parmentier will contact the Reporter
to assure publication.
Rick Martin has a new house at W5343 Bechaud Beach Road, and would
like his approach to be concrete.  The Town ordinance prohibits
concrete in the right-of-way.  While there are many properties in the
Town with concrete in the right-of-way, the change to black top was
made for several reasons.  The cost to remove the concrete if a
culvert needs repair is more than black top, shifting of concrete
above the road surface causes damage to snowplows and concrete is more
difficult to remove.  Mr. Martin stated he is willing to pay the
difference in costs.  Attorney Parmentier stated this must be a deed
restriction.  It was noted that the black top requirement is not an
ordinance, but is part of the permit.  Most of the concrete approaches
were installed prior to the addition of the requirement to the permit.
 Motion was made and seconded to approve Mr. Martin’s request for a
concrete approach contingent on the approach being pitched so the plow
doesn’t hit the concrete and a signed deed restriction being filed and
all costs paid by Mr. Martin.  The recommendation was made to have a
workshop meeting to discuss adding the restrictions to the Town
ordinances.
Jim Supple, Permits and Code Enforcement, noted he had sent out 7
letters on grass and weed complaints.  On July 23rd he addressed an
issue with Angie Miller about unlicensed dogs running in the
Stillwater Estates subdivision.  On August 6th a stop work order was
issued to Dufrane Moving and Storage for unpermitted work being done. 
The issue is under review.  Chairman Giese reported he had talked to
Advanced Disposal per John Zeleske’s complaint that the truck driver
was placing both garbage and recycling into the garbage truck. 
Advanced Disposal stated the trucks have space for both garbage and
recycling.  Mr. Zeleske’s other complaint about truck traffic was
difficult to address.  Since there isn’t a set pattern for the truck
traffic, the Sheriff’s Department would have a difficult time catching
the offenders.
Grass and weeds on the Rumbuc property will be cut by the owner’s
father, a County Sheriff.
Emery Lane has been completed.  The original quote was for @
$55,000.00 but the recent bill came in at $52,877.56.  The County
Highway Department has been contacted since the bill for shouldering
does not seem to be on the bill.  Supervisors L. Schmitz and D.
Schmitz need to check the road before the Town takes over maintenance.
 The property owners do not need to approve the work as long as the
County did the quoted work.
No update on the water system study.  A change order has been
forwarded from the engineer which would cost the Town @ $1000.00.  The
matter will be addressed at the September meeting.
No update on Premier Streblow.
The Stormwater topic is “Maintaining Ditches”.
Crit-R-Gitters was contacted concerning handling wild animals in urban
areas.  They are willing to handle calls from Town residents-all costs
to be born by the residents.  They would also be willing to help with
pets running at large.
Van Horn has submitted proposed plans for the frontage road to the
County for review.  
The Park Committee approved moving some trees from the “nursery area”
to other locations in Simon Park.  The area for the new swing set has
been excavated and the swing set installed.  There are more trails
mowed for people to walk on.  The oak trees are being trimmed within
the Park.  Dave Schmitz’s son will be doing some work at the Park for
his Eagle Scout badge.  He will be mulching some of the trees,
building a shelter for the notice board and varnishing the picnic
tables.  Mr. and Mrs. Kinzinger have expressed interest in doing some
work around the Park.  They have agreed to sign a volunteer agreement.
 They already have been maintaining the blue bird houses.
Motion was made and seconded to approve the operator’s licenses for
Angela Miller, Aldis and Amy Mand, Engies.  Motion carried.
Supervisor L. Schmitz will attend the ambulance meeting.  There will
be a public meeting concerning the Comprehensive Plan update on
Wednesday, August 12 from 5 to 7:30 pm.  The entire board attended the
Intergovernmental Agreement meeting at the office of John St. Peter. 
Chairman Giese reported that Ron Cunzenheim of REC, Engineering has
retired, and his recommendation for replacement is Eric Otte from J.
E. Arthur and Associates.
The Board of Appeals held a meeting last week for signage for a
trucking company.  The Planning Commission will be holding meetings
for Fondy Sports Aqua Park, building definitions, camping and Sweet
Wisdom subdivision.  Dates for the meetings will be August 26 and
September 2.
Clerk Supple recommends anyone receiving a well water survey from the
County should respond since it will be helpful for water studies.
Signature cards from the National Exchange Bank need to be updated to
add both Brenda and Dave as signers.  
Tax payment was made by two of the delinquent personal property
owners.
FINANCIAL REPORT:  July 2015
	General Account received:  $395,360.15	
                                            Orders:        
310,049.51
                                             Balance:        
140,136.15
	CD: $125,000.00
	Road, Bridge, Culvert & Eq:   $347,792.27
	Park:  $24,110.92
		Hall CD: $26,250.25
		Fire Dept. CD:  $5,512.27
Motion was made and seconded to approve the Financial Report.  Motion
carried.
PAYMENT OF BILLS:
	Bills:  $99,691.03  Wages:  $12,462.55
Motion was made and seconded to approve the Payment of Bills.  Motion
carried.

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 discuss the following matters (roll
call vote required):

(a)	Negotiations with the City of Fond du Lac regarding the existing
Intergovernmental Agreement;

(b)	Lawsuit against John Zeleske; 

(c)	Property located at W5194 Bechaud Beach Drive;

(d)	Personal property tax collection lawsuits.

 By voice vote: 3 aye.
After the closed session motion was made and seconded to adjourn. 
Motion carried.
Submitted by Patti Supple, Town Clerk

Archive of Past Meeting Minutes

  • 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 Public Budget Hearing
  • November 17, 2008 Workshop Meeting
  • 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 Workshop Meeting
  • April 10, 2008 Sanitary District #3
  • 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
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  • 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
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  • June 25, 2007 Workshop Meeting
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  • 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
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  • October 11, 2006 Planning Commission
  • September 27, 2006 Planning Commission
  • January 25, 2006 Planning Commission