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June 13, 2016 Monthly Meeting

TOWN OF FOND DU LAC
FOND DU LAC COUNTY
MONTHLY MEETING 
JUNE 13, 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 Matt
Parmentier and various Town residents.  Confirmation was made of open
meeting notice.  Minutes from the previous meeting were approved as
presented.
PUBLIC COMMENTS
Chairman Giese congratulated Aaron Schmitz for the work he did at
Simon Park.  Among the work done was a notice station, staining the
picnic tables and mulching around the trees.  This was an Eagle Scout
achievement project for Aaron.  In addition, to these projects, some
residents have indicated they would like to make donations to the Park
in memory of family members.  Donations are always appreciated.  
Ryan Sommers asked for an update on the Westfield Hideaway road
repair.  Attorney Parmentier indicated the Board is going into closed
session to discuss options, so there is no update at this time.
Tim Murphy stated that as he is not given the opportunity to speak
during the meeting he wishes to make a statement with regard to Item 7
on the Agenda.  Not knowing what the Town Board has in mind for this
item he can only speak to what was said at the Plan Commission Meeting
last Wednesday, June 8th when it was said that the Town Board would
take up the same matter this evening.  The Plan Commission at that
meeting voted 3 to 2 against allowing a driveway onto River Road
through the Rural Residential Zoning.  It is unfortunate that the Town
residents must sit here “dumb”, that is not speaking, during the
meeting when these items are actually being discussed. The subject
under discussion is whether or not DuFrane Moving and Storage, as
represented by Mr.Jim Dreifurst, is allowed to build and utilize a
driveway onto River Road just south of Mrs. Huntley’s property on the
northwest corner of River Road and CTH D.  As a note on some of the
past concerns about this matter, DuFrane was using a dirt and gravel
lane which was partially on Mrs. Huntley’s land as was discussed at
Town Board Meetings last summer.  Mrs. Huntley did not approve of the
use of her land for a driveway for DuFrane. This proposed driveway
would be on land that is currently zoned Rural Residential as shown on
the 1982, 1993, 2006 and 2015 Official Town Zoning maps.  The board is
alleging that the Rural Residential Zoning is in error and that the
land is actually zoned Commercial.  This was discovered after he had
asked the Town Board at the May Town Board Meeting to enforce the
Rural Residential Zoning where Dufrane was engaged in a Commercial
operation in violation of the Rural Residential Zoning Ordinance as
not being a permitted use.  He has asked for a Board of Appeals
meeting, which is scheduled for June 30th, to resolve this issue. 
When and if the land is found to be Commercial Zoning and the
appropriate action is taken by the Board of Appeals to correct the
alleged error and the Official Zoning Map is so corrected, it remains
as shown on the Official Zoning Map as Rural Residential Zoning.

The net effect of this is that DuFrane is asking for a driveway for
Commercial purposes in a Rural Residential Zoning district in
violation of that districts rules.  As such the driveway, if allowed
would be illegal.  The board took an oath of office after being
elected per section 60.31 of the State Statutes.  The effect of the
Town Board tonight, if they choose to act tonight to allow Mr.
Dreifurst and DuFrane to build a driveway onto River Road, across land
that is currently zoned Rural Residential, they will be violating
their oath of office.  I do not know the legality of such an act but I
do know the morality and the ethics of that act.  It would be both
immoral and unethical.
Tony Koenigs stated he appreciated those who volunteer their services
to maintain the Park.

Dave Wagner from Ehlers & Associates reported that the Water Utility
Bond can be refinanced to reduce the rates paid.  It is projected the
District could save $20,000.00 per year for the next 12 years. 
Chairman Giese asked the Town Attorney to review the recommendation. 
Attorney Parmentier stated the report had been reviewed, and he and
Attorney John St. Peter support the concept.  Since the Board has not
been able to review the report, the recommendation was made to table
any action until the report can be reviewed.  This matter will be
added to the August meeting.
Code Enforcement Officer Jim Supple stated that some junk has been
removed at N7043 Winnebago Drive and that the property looks much
better.  There is still more junk to be removed and the project will
be monitored.  At W5194 Bechaud Beach Road, there is still more junk
to be removed by Guelig waste removal.  Attorney Parmentier will work
with Guelig to have the Judge’s orders followed.  Letters were sent to
Harry Schmitz N6296 Rolling Meadows Drive, Joel Streblow for property
on Grove Street and Angela Seyfert for property on Rockwood Court
concerning violations to the weed ordinance.  At this time, only Harry
Schmitz has clipped the weeds.  Chairman Giese stated that in order to
streamline the weed complaints, whichever Board Member receives the
complaint, the letter will be sent out with that Board Members name as
contact.  This way if the violator has questions, the person they
contact will have checked the property and can answer any questions.
Van Horn has been contacted, and a proposal will be ready for the July
meeting concerning the location and specifications as well as County
approval for the frontage road off Esterbrook Road.  If no response by
July, the Town Board may take action to move forward on the project.
Kaempfer has reported a Water System Study will b available by the end
on June.
The letter of credit for Streblow Road has been filed.
The Spring Newsletter if the monthly Stormwater report.
Much time has been spent reviewing the application by Jim Dreifuerst
to construct a driveway out onto River Road for Dufrane Moving and
Storage.  Minutes from the 1980’s and 1990’s for both the Planning
Committee and the Town Board are ambiguous on the zoning of the
property in question and the use of present River Road access.  In a
January 28 e-mail from Attorney Parmentier the construction of the
driveway is permissible if it meets Town standards.  However, the
access onto River Road could cause damage to the Town road.  Attorney
Parmentier added that while the property is non-conforming with the
split zoning, the business is in compliance.  He added the Town Board
has the authority to rezone the property.  Gremmer & Associates
proposed two other options for Mr. Dreifuerst to provide better access
to his property.  The Planning Committee recommended researching these
options.  Residents expressed concern that the berm buffer would be
compromised, that a precedent would be set to allow commercial
businesses access across residential property, that private property
was excavated and stone was added without permission,  and that Town
roads would be damaged by increased heavy traffic.  Tony Beregszazi
noted that a non-conforming property cannot be changed to make the
property more non-conforming.  Supervisor L. Schmitz stated the trucks
have used the existing access and the driveway should be installed by
Dufrane.  He added the property could be rezoned to allow this access.
 Motion was made by Giese and seconded by D. Schmitz to deny the
driveway onto River Road.  Motion carried with Giese and D. Schmitz
aye and L. Schmitz nay.  Supervisor D. Schmitz added that the access
onto River Road is not a good idea since the Road is not constructed
to handle the heavy truck traffic.  Chairman Giese stated he is
willing to work with Dreifuerst and the County to try for another
access onto CTH D.
The Manske Business Park Development Agreement was presented for
review.  The non-annexation clause has been eliminated.  Since the
Intergovernmental Agreement draft makes the non-annexation clause a
moot point, the clause has been eliminated.  Motion was made and
seconded to approve the Manske Business Park Development Agreement
with the proposed change.  Motion carried.
Mary Gorske provided a letter expressing her concerns over the
ordinance change to definitions of buildings and structures.  She is
concerned that the definitions create a potential for lawsuits for the
Town.  In response, Clerk Supple read the following:  Mary Gorske
requested the Town Board review the Zoning Ordinance changes made in
December of 2015 concerning the definition of Building and Structures.
 While the Town has no obligation to justify the changes made, as a
courtesy to a Town resident an explanation will be provided.
The changes were made due to the ruling made by a Judge Grimm in a
recent case that the Town Ordinance definitions of building and
structure were too ambiguous.  After careful consideration, the Town
Board asked the Planning Commission to review the definitions, taking
into consideration the Judge’s ruling.  The Planning Committee
reviewed the definitions, came up with some recommendations that were
then forwarded to the Town’s Attorney and the Town Board.  After
discussing the recommendations from the Planning Commission and Town
Attorney the Town Board changed the ordinance to reflect the
recommendations.  The Town Board then approved the changes at the
December Monthly Meeting.
As has been recently proven, no ordinance can cover all contingencies.
 The Town board hopes that the changes approved in December will
better meet the needs of the Town.  The ordinance needs to be viewed
as a whole product not taken apart with every single word being
analyzed.  Too much time and Town resources have been spent defending
the Town Board’s decision to amend the definition.  The Town Board has
more pressing issues such as the Intergovernmental Agreement and the
Comprehensive Plan than to  argue over whether a tomato cage or a
bird’s nest needs a building permit.
I hope we can move on and that this explanation is sufficient.
John Zeleske protested that he Clerk’s response did not address the
issues.  Chairman Giese responded: Thank you for bringing this matter
to the attention of the Town Board.
The Town Board reviewed the Road Restoration Ordinance and associated
form.  This provides the Town the ability to get damage costs
reimbursed when roads are damaged from heavy truck traffic.  Motion
was made and seconded to approve the Road Restoration Ordinance. 
Motion carried.  The letter of credit would be required at the time
the permit is issued and the cost would be based on the roads
involved.   A permit fee can  be charged.  Once a permit is issued,
the time spent issuing will be calculated and the fee set.  
The Bayland Builders plan for the building at Westwind Strip Mall was
reviewed.  The Planning Committee recommended approval contingent on
the County getting a variance for set backs, all Gremmer Engineering
recommendations being followed and a stormwater plan update, and
County approval.  Motion was made and seconded to approve the Plan
contingent on the Planning Committee recommendations.  Motion
carried.
The Comprehensive Plan approval is on hold until the Intergovernmental
Agreement is finalized.  A contract  extension will be forwarded for
approval and signing.  No added cost is involved.
A meeting will be held on June 15th to review the final draft of the
Intergovernmental Agreement.  Public Hearings will be scheduled and a
site for the meetings will be determined.
Motion was made and seconded to approve the following licenses:
Class A Liquor and Beer:  Engie’s, Aldi’s, Highway 151 Mobil and East
Shore Minute Mart 
Class B Liquor and Beer:  The Nut House, AJ’s Bar & Grill, Schmitty’s
Bar & Grill
Soda:  Engie’s, Aldi’s, East Shore Minute Mart, Highway 151 Mobil, 
The Nut House, AJ’s Bar & Grill, Schmitty’s Bar & Grill, American
Auto, Diamond Auto, Quality Truck Care, Fondy Sport’s Complex,
Culvers, Arby’s, Clarence’s Harbor
Cigarette:  Engie’s, Highway 151 Mobil , East Shore Minute Mart
Salvage:  Diamond Auto, American Auto
Mobil Home:  Woodland Park.
Motion carried.
Motion was made and seconded to approve the following operator’s
licenses:
ENGIES
1.	Karl Dreikosen
2.	Ami Jo Mand
3.	Patrice Guell 

EAST SHORE MINI MART

4.	Becky Lami
5.	Christine Kratz
6.	Jacob Lami
7.	Kevin Schneider
8.	Mike Miller
9.	Melissa Franzen
10.	Nicholas Schwartz
11.	Zane DeMotts

THE NUT HOUSE

12.	Melinda Paasch
13.	Courtney LoBianco
14.	Holli Rilling
15.	Ashley Johnston

AJ’S BAR & GRILL

16.	Louise Zenner
17.	Amanda Gindt Bach

SCHMITTY’S

18.	Jessica Pflum Reinke
19.	Laurie Mirenda
20.	Marissa Barthuly-Smith
21.	Tracie Reinke
22.	Abigail Baumann
23.	Trina Abler Peachy



ALDI’S-licenses paid by licensee

24.	Kim Gray
25.	Julie Morschauser
26.	Bradley Kibler

NUT HOUSE
1.	 Bruce Shelly-took class

Aj’S
2.	 Amanda Linde-took class
Motion carried.
Supervisor D. Schmitz attended the Town’s Association meeting where
the well water testing was discussed.
The Board of Appeals will meet on June 30th to review boat house plans
for Ahern.  The Planning Committee will meet to discuss the Garrison
rezoning request on Hwy 175 on June 29th.  
The Park Committee meeting for June 29th was cancelled.
The Clerk received an annexation of property north of the Highway 151
bypass on Martin Road.  Chairman Giese reported the tree has been
pulled out of the river by the Park, and some logging is being done in
the Park.  The County will be doing some small projects for the Town. 
Two walls will be painted in the firestation and the parking lot
should be resurfaced in late June.  The lawnmower has been costing
quite a bit for repairs.  It will need to be replaced before next
year.
Discussion ensued about using a weedeater versus Round-up spray around
the fire hydrants.  Chairman Giese stated he made the decision to use
the weedeater.  Tony Koenigs stated he will cut the weeds around the
fire hydrants by his property since he does not want the Round-up
spray used.
FINANCIAL REPORT:
General Account received:  $260,312.71
                             Orders:         253,747.32
                             Balance:      113,064.45
Road, Bridge, Culvert & Eq.:  $348,155.72
Park:  $25,205.39
	Town Hall CD:  $26,257.92
	Fire Dept. CD:  $30,460.24
Motion was made and seconded to approve the Financial Report.  Motion
carried.
PAYMENT OF BILLS:
	Bills:  $202,551.75  wages: $ 12,842.89
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.  In closed session, the Board will discuss legal issues
relating to default of Westfield Hideaway Subdivision agreement.
Voice vote:  Giese, aye, L Schmitz, aye D. Schmitz, aye  The Board
convened into closed session.
Motion was made and seconded to adjourn.  Motion carried.
Submitted by Patti Supple, Town Clerk

Archive of Past Meeting Minutes

  • 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 Workshop Meeting
  • November 17, 2008 Public Budget Hearing
  • 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