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TOWN OF FOND DU LAC
FOND DU LAC COUNTY
MONTHLY MEETING
JULY 13, 2009
7:00 PM
The Monthly Meeting was called to order by Chairman Harold Manske.
Present were Chairman Manske, Supervisors Phyllis Giese and LeRoy
Schmitz, Clerk Patti Supple, Treasurer Jody Roffers, Attorney Paul
Rosenfeldt, and various Town residents. Confirmation was made of open
meeting notice. Minutes from the previous meeting were approved as
presented.
It was mentioned to Board of Appeals Chairman Tony Koenigs that the
covenants in Riverview Court require that property owners must get
neighborhood approval for garages and utility buildings.
Don Schmitz stated that he has heard rumors that the Town Hall will
soon be up for sale. Chairman Manske stated that during some of the
meetings concerning the reconstruction of Pioneer Road, the location
of the Town Hall came into question. At this time, no plans have been
made to relocate the Town Hall. Chairman Manske noted that of bigger
import is the temporary location to house the fire trucks during
reconstruction of Pioneer Road.
Accountant Gib Hietpas presented the Official Town Audit. He noted
that the audit carried a clean opinion. Some highlights of the new
year included:
Pg. 9 Capital project-water tower for over 3 million dollars.
Debt service payments made on 2 special assessment debts.
New debt this year included the water project and city sewer upgrade
General Fund account-shows income and expenses for running the Town
Of the $1.4 million available, $820,000.00 is set aside for specific
purposes, $240,000.00 for SD #3 payments due, leaving $386,000.00 to
pay bills for 12 months. A Town needs at least 3 months worth of
money available to pay bills. The Town has 4 months.
Pg. 4 Balance Sheet.
This page shows assets, liabilities, etc. such as a business would
show. These totals show differently than the regular government based
accounting. Both methods are required for the audit.
Tim Murphy asked if the Town runs on a deficit. It does not, it runs
at a profit. Don Schmitz asked for an accounting of the City sanitary
sewer upgrade. Money owed to the City is on a 17 year payback with
the same interest rate as the City is paying.
Jeff Wolford presented the water utility project updates.
a. Change order CO-1600801-04 for a time extension for finishing the
Industrial Park punch list was reviewed. Motion was made and seconded
to approve the change order. Motion carried.
b. Payment request PR-1600801-03 to Town & Country Construction for
the Industrial Park lines was reviewed. Motion was made and seconded
to approve the payment request. Motion carried.
c. Payment request PR-1600801-05 to Town & Country Construction for
the distribution system improvements was reviewed. Motion was made
and seconded to approve the payment request. Motion carried.
d. Change order CO-1600801-05 to use aggregate slurry backfill on
Wrightway Drive and Van Horn driveway was discussed. Motion was made
and seconded to approve the change order. Motion carried.
e. Change order CO-1600801-01 to install a culvert under Brown Road in
the elevated storage tank driveway was discussed. Motion was made and
seconded to approve the change order. Motion carried.
f. Highlights of the status report were: the draft funding list has
been released, and the Town did not qualify for funding, the frivolous
complaint concerning construction of the Tower on a wetland has been
dismissed, a pre-construction meeting is planned for the Tower on July
16 at the Village Municipal Building, and the letter from Feucht
Financial concerning the ditching on their property is being
addressed.
g. Amendment 2 to the Intergovernmental Agreement between the Town of
Fond du Lac and the Village of North Fond du Lac was reviewed. Motion
was made and seconded to approve the amendment. Motion carried.
h. The lease agreement, concerning the elevated storage tank and the
real estate, between the Town and Village was reviewed. Motion was
made and seconded to approve the lease agreement. Motion carried.
The three access points recommended by Fond du Lac County to the Ford
property off County Trunk T were reviewed. The Town Planning
Commission recommended approval of the three access points. While the
Comprehensive Plan shows two access points, the three proposed points
offer better options. One point would become an extension of Ford
Drive to CTH T, and the other two would provide access to the
residential zoned property. Motion was made and seconded to approve
the three recommended access points on the Ford property off CTH T.
Motion carried.
No update on the Mathweg agreement.
A conference on July 20, 2009 has been scheduled with a judge to
review the Clary/Mathweg “fence viewing”. Each party, including the
Town must submit a brief. Due to the fact that the fence has been
altered, it is felt that the ‘fence viewing’ by the Town is no longer
a viable option.
In the Harry Schmitz litigation, time has run out for Mr. Schmitz to
file with the Supreme Court, therefore, the Town will need to file a
motion requesting payment of money due. The motion would have to
include the dismissal of the nuisance claims. If the Town wishes to
pursue the nuisance claims, a different motion would have to be filed
and would include a trial. Motion was made and seconded to table the
issue for further review. Motion carried.
With the added requirements to stormwater management, motion was made
and seconded to adopt a Resolution Confirming Jurisdiction of
Construction Site Erosion Control & Stormwater Management Ordinance of
Fond du Lac County. Motion carried.
Motion was made and seconded to approve the Illicit Discharge and
Connection Ordinance. Motion carried.
The Stormwater Public Service announcement concerned Algae Blooms in
ponds.
The Board of Appeals will be meeting to review a request for a garage
on Riverview Court. The Planning Committee will be meeting to review
plans for an apartment complex.
No annexations or CSM’s.
Motion was made and seconded to have the County reconstruct Esterbrook
Road form Miranda Way to Brown Road –being sure to flare the road- at
a cost of $91,110.00. Motion carried. Don Schmitz wanted to thank
“Rocky” for cutting the weeds in the ditches.
Motion was made and seconded to change the Barthly-Smith provisional
operator’s license to regular. Motion carried.
Motion was made and seconded to approve operator’s licenses for Eugene
Arnold, Jeffrey Marken and Nicolette Krenn. Motion carried.
Sanitary District #3 will be meeting on July 15, 2009 at 4:30 pm.
Motion was made and seconded to approve the repair of the Town Hall
roof by Tighe Roofing at a cost of $22,000.00. Motion carried.
Clerk Supple noted that new rules are being recommended for absentee
and early voting. Options recommended could cost the Town extra
money. The taxation based on agriculture land use is on the state
agenda for discussion. Tipping fees for garbage have more than
doubled, so Veolia will be raising their pick up charges.
Supervisor Giese noted the unfinished duplex basement has reportedly
caved in, but the weeds and dirt mounds have been leveled in the
yard.
FINANCIAL REPORT: June 2009
General Account-Received: $379,235.92
Orders: 54,256.95
Balance: 354,112.61
Mashuda CD: $45,886.60
Road, Bridge, Culvert & Eq.: $4841.87
CD: $550,000.00
Park: $19,413.50
Recycling: $9592.77
Motion was made and seconded to approve the Financial Report. Motion
carried.
PAYMENT OF BILLS:
Bills: $77,071.25 Wages: $10,136.48 (Charlie Martin submitted his
time card late, so it is not included in wages.)
Motion was made and seconded to approve the Payment of Bills. Motion
carried.
Motion was made and seconded to adjourn. Motion carried.
Submitted by Patti Supple, Town Clerk
Archive of Past Meeting Minutes















