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February 8, 2016 Monthly Meeting

TOWN OF FOND DU LAC 
FOND DU LAC COUNTY
MONTHLY MEETING
FEBRUARY 8, 2016
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 John St.
Peter and various Town residents.  Confirmation was made of open
meeting notice.  Minutes from the previous meeting were approved as
presented.
PUBLIC COMMENTS:
Ralph Guelig had concerns over the lack of a stop sign on Paradise
Lane.  He said the stop sign on Valley Creek does not alleviate the
potential for accidents.  The situation will be checked by the Roadman
and Chairman.
Duncan Seffern asked where the voters will park on election day with
the new building taking up so much parking.  Supervisor L. Schmitz
said voters can park in front of the DPW doors.  
Dan Gurath asked about the new seating arrangement since the center
aisle was not in place.  The chairs were moved during cleaning and
were not rearranged.
Eric Kaufman complimented the County on plowing this year.
Tony Koenigs noted that the fire department meets on the 1st Monday
and 3rd Thursday of each month and the 3rd Monday is the business
meeting.  He noted that training is in cooperation with MPTC and
surrounding Townships and the City.
CODE ENFORCEMENT
In January, Dufrane Moving, Jim Dreifuerst owner, submitted an
application to expand and move the access onto River Road.  The
application was turned over to Gremmer Engineering and St. Peter Law
for review.  Due to the Gremmer and the neighbors concerns, the matter
will be tabled and potentially turned over to the Planning Commission
for review.   In August, a letter was delivered to Mr. Dreifuerst
concerning the possible encroachment.  A surveyor hired by Dreifuerst
showed the lot lines and the encroachment area.  In September, gravel
was hauled onto the site.  Code Enforcement sent a letter to
Dreifuerst reinforcing the need to get proper permits and to restore
any damaged property.  Attorney St. Peter stated the trespass was a
private matter between neighbors.  Joanne Huntley disagreed with this
assessment.  She feels the Town should enforce the action part of the
issue.  She also wants the Town to enforce the land restoration.  Mr.
Dreifuerst stated the access has been in place since the 1980’s.  It
has been graded and maintained by the himself as well as the former
owners of the property.  He states he did not widen the access. 
Chairman Giese stated the trespass is an issue between neighbors, but
the access point concerns from Gremmer need to be addressed. 
Therefore, motion was made and seconded to turn the matter over to the
Planning Committee for review.  Motion carried.
John Zeleske asked about weight restrictions.  Most of the time, the
Town counts on County posting to keep heavy loads off Town roads.
Since the Town did not have an ordinance on the books concerning
sweeps on culverts, the recommendation was made to not enforce the
addition of sweeps to the Schaetzel field culvert.  However, the depth
of the culvert and ditch area need to be addressed due to the
potential for water backing up.  The unattached sweeps will need to be
removed once the snow and ice are melted.
John Vogds submitted an application for a 50 by 80 shed on CTH V.  The
property is zoned FP, but is non-conforming due to size and use. 
While trees were planted on the property when it was part of a tree
farm, it is not planned as farmland.  There is no home on the site.  A
denial letter was sent to Mr. Vogds indicating agricultural use was
not established for the property.  Mr. Vogds indicated he plans on
storing his equipment in the building since it is presently sitting
outside.  Attorney St. Peter noted that since Mr. Vogds did not meet
the 30 day response limit, the Board does not need to address the
issue.  However, the Town Board can waive the 30 day limit and take
action.  Chairman Giese stated he would like to waive the 30 day
limit.  Mr. Vogds stated he feels he should not have to pay the
$200.00 Board of Appeals review fee.  The fee cannot be waived. 
Motion was made and seconded to waive the 30 day limit and have the
Board of Appeals review the request.  Motion carried.
A complaint was received concerning the Dan Hoffman property on N7143
Winnebago Road.  He has again allowed vehicles to be stored on his
property.  This issue was addressed back in 2012.  Since Jim’s Bar has
been torn down, Mr. Hoffman’s property is more visible.  Motion was
made and seconded to have Code Enforcement send a letter to Mr.
Hoffman stating he must clean up the site within 30 days or action may
be taken to start court proceedings.  Motion carried.
An engineering firm has been hired by Van Horn to design the
specifications for the road access off Esterbrook Road.
Attorney St. Peter stated that research shows that Westfield Hideaway,
LLC was recorded in 2005.  However, the LLC no longer exists.  The
road plan at that time showed no deadline for completion.  While the
first course was completed, the final coat was never done.  There is
no evidence a security bond was ever done.  The developer agreed to
reimburse the Town, and this obligation transfers to the successors,
developer or any other owners.  The Town has not accepted the roads
and has no obligation to accept the roads.  Options are to leave the
road unfinished, have the developer complete their responsibility or
have the Town complete the road and assess the property owners.  The
Town would act as the bank and the assessment would show on the
property owners tax bills over a ten year period.  Ryan Sommers stated
this does not enforce the trust in local government and is unfair to
the present private property owners.  Attorney St. Peter reiterated
the security was never received, there is no evidence on who failed to
collect, and it is unfair to the residents of the Town to pay for one
subdivisions road repairs.  Mr. Sommers stated the Town Board failed
and should pay.  Chairman Giese stated no estimates have been sought
on the project and that a “flag” was placed on the unsold lots
indicating the road repair situation.  Attorney St. Peter asked if the
developer or the present owners have been approached concerning the
road issues.  They have not been approached.  Attorney St. Peter
stated he is sorry for the disappointment of the private owners, but
the general Town tax payers are not responsible for the road repairs. 
He recommends the new developers be notified about the concerns.  In
addition, a homeowners association should be established, or covenant
committee.  This matter will be on the March agenda.  
No update on the water system study.
The topic for Stormwater Management is “Hazardous Waste”.
No update on the Westwind shopping mall.  However, in response to
questions on zoning issues, Motion was made and seconded to
acknowledge no zoning issues exist on the property or its tenants. 
Motion carried.
Due to changes in the clean up contract, motion was made and seconded
to approve the new contract for cleanup of the property at W5194
Bechaud Beach Drive.  Motion carried.  The Sheriff’s Department will
be on site during the cleanup.
Motion was made and seconded to approve the operator’s licenses for
Courtney LoBianco, The Nut House and Zane DeMotts from East Shore Mini
Mart.  Motion carried.
Motion was made and seconded to approve the closing of part of
Division Street by Marian College for the Salute the Troops marathon. 
Motion carried.
Motion was made and seconded to approve the 2016 billing contract with
Excel Engineering for billing services for the rest of the Town
Sanitary District.  Motion carried.
Supervisor D. Schmitz agreed to attend the OSG meeting at the Town
Hall on February 18th.
There are no Board of Appeals meetings scheduled.  The Planning
Commission will meet on the Robert Merrill rezoning, Dufrane Driveway
issue, changes to the camping ordinance, and the final plat and
development agreement for Manske Business Park.
Clerk Supple noted the DPW garage door openers are still not working
properly.  Pat Bertram will be installing a water spigot in the DPW
building.  Chairman Giese will be checking into new tires for the Ford
truck.
There is a water rate increase by the Village of North Fond du Lac.
An election will be held on February 16, 2016.
FINANCIAL REPORT:  January 2016
General Account:  received $85,241.52
	Orders:  $270,619.00
	Balance:  $84,722.65
CD: $65,000.00
	Road, Bridge, Culvert & Eq:  $348,011.48
	Park:  $8,779.28
		Park CD:  $40,000.00
		Fire Dept. CD:  $30,444.98
Motion was made and seconded to approve the Financial Report.  Motion
carried.
PAYMENT OF BILLS:
Bills:  $104,288.57  Wages:  $13,940.38
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.
Roll call vote, 3 aye.  The Board adjourned into closed session.
After the closed session, motion was made and seconded to adjourn. 
Motion carried.
Submitted by Patti Supple, Town Clerk

Archive of Past Meeting Minutes

  • 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 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
  • 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