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August 10, 2009 Monthly Meeting
TOWN OF FOND DU LAC
FOND DU LAC COUNTY
MONTHLY MEETING
AUGUST 10, 2009
7:00 PM
The August 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
John St. Peter, Dave Wagner of Ehlers & Associates, Jeff Wolford of
Kaempfer & Associates, and various Town residents. Confirmation was
made of open meeting notice. Minutes from the previous meeting were
approved with one change to page 3, Supervisor Giese reported she did
not say the basement was caved in on the house on the west side.
Mr. and Mrs. Kramer were present to report that the “reefer” trucks
have been running again and disturbing their rest. They have
documented 42 incidents since March. Many nights they have to wear
ear plugs in order to sleep. They reported that they are planning on
selling their home, and are concerned over the noise issue devaluing
their home. They also reported that the representative from HNTB only
came twice to do readings, and was not there during the noisiest
times. They feel that these trucks are in direct violation of the
noise ordinance, and the problem needs to be resolved. Chairman
Manske noted that it is difficult to get someone from HNTB to come on
short notice to do readings. He stated that he will try to locate
someone locally who can run some readings.
Don Schmitz asked whether the Alliant agreement is still in place for
the turbine noise which affected some property owners. It is still in
effect for those residents who are still original owners of the
property. He also requested information on the workshop meeting where
the rezoning of agricultural land from AG to AT was discussed. It was
reported that this is to allow for easier rezoning of those properties
that will become residential areas in the near future.
Charles Crites reported that a trucker is hauling junk and battering
the culverts and guard rails along Esterbrook Road and Triple O. He
also asked whether the Town can condemn a house due to mold growth.
He noted that there is a good possibility the duplex on the west side
could be contaminated with mold. Attorney St. Peter noted that this
would need to be reported in a real estate condition report upon
selling. He also noted that buyers should show due diligence when
purchasing homes.
Mr. Kramer reported that heavy trucks are passing his home on Miranda
Way and Esterbrook Road. It was recommended he call the sheriff’s
department when the trucks are passing since this is a posted road and
they are in violation.
Dave Wagner of Ehlers & Associates presented an updated financial
report for the water utility. He noted that the figures have changed
slightly to reflect the lower cost estimates. This fall, the tax levy
will need to be set. Any extra monies levied plus the County payment
can be used to reduce the levy rate. Added growth in the Town has not
been factored in as yet, and will also reduce the levy rate.
Jeff Wolford of Kaempfer & Associates presented the final payment
request PR-1600801-04 from Town & Country for the Industrial Park
Transmission Line. Punch list items were completed in July, and one
hydrant that is out of plumb will be fixed if needed. Motion was made
and seconded to approve the payment. Motion carried.
Payment request PR-1600901-01to Town & Country for the Brown Road
Transmission Line was presented. Directional drilling has been
completed, and payment was requested. Motion was made and seconded to
make the partial payment. Motion carried.
Contract revision #8 for Kaempfer & Associates for the water system
improvements and a added cost of $8700.00 was presented. The added
cost was discussed, and motion was made and seconded to approve an
added payment of $5000.00 at the present time, and review added costs
as they happen. A more in depth review of added costs was requested by
the Town Board. Motion carried.
Mr. Wolford presented the status report. He noted the Airport project
has been completed except for some punch list items for
Wausau/Everest. Fire Chief Sanborn was concerned over the hydrant on
Esterbrook Road and Westwood Lane. It was reported that he hydrant is
low in the ditch. This matter will be checked. “Whips” will be
attached to all hydrants for location during the winter when covered
with snow. Chairman Manske noted that several invoices paid by the
Town will be reimbursed by Wausau/Everest and the County. Mr. Wolford
reported the preconstruction meeting for the Brown Road tower is
scheduled, and Town & country is continuing with punch list items to
be completed.
Chairman Manske was concerned that residents have not been kept
informed about the costs and requirements for hooking up to the water
mains. He recommended a public hearing so residents can be notified
of costs and ask questions. The difference in assessment costs for
each project was also a cause for concern. Due to these concerns, it
was recommended that a hearing be scheduled for 6:00 pm on September
14, 2009.
The jurisdictional transfer of County OO to the Village of North Fond
du Lac was discussed. In order for the Village to receive state aid
on the road segment from Highway 41 to the Village, the Towns of Fond
du Lac and Friendship need to do a jurisdictional transfer. Motion
was made and seconded to approve the transfer. Motion carried.
Due to increase in costs to the Town, motion was made and seconded to
increase the electrical permit fees as shown on attached form, create
a refundable bond of $500.00 for each new home, and create a check
list that needs to be completed by the property owner before any
occupancy permits are issued. Motion carried.
The Mashuda CD matter was tabled.
After review and discussion, motion was made and seconded to approve
the Esterbrook Estates Addition 1 settlement agreement. Motion
carried.
The Town has been released from involvement in the Clary/Mathweg fence
issue. Both parties have initially agreed to settle outside of court
with Mr. Mathweg allowing an easement for the cutting of weeds.
Harry Schmitz has hired a new attorney who feels Mr. Schmitz would
like to resolve all matters with the Town. Therefore, action on the
settlement will be delayed until the September meeting to allow for a
new proposal from Mr. Schmitz’s Attorney. To be addressed is the
escrowed money, the dismissal of the nuisance claim, site and drainage
plans for the entire site, the moved building put on footings, and
repaired, litter removed, and proposal submitted.
Information concerning a breeding business purchasing the former
Dairyland Vet site was presented to Attorney St. Peter for review. It
was his considered opinion that the site could be used by the
purchaser in the same manner as the present owner. Any upgrade in use
would need to be reviewed and approved by the Town Board.
Motion was made and seconded to have AECom identify and picture
outfalls for the Town at no added expense. Motion carried.
The monthly stormwater report is on Composting.
The Planning Committee will be meeting to review a sign for Arby’s and
a plat for the County Industrial Park.
No annexations or CSM’s.
The recommendation was made to redo Brown Road, but have final coat
done next year. The road would have shoulder work done, widen the
road, and replace culverts as needed.
Motion was made and seconded to approve the operator’s licenses for
Jamie Schubert and Lauren Peters. Motion carried.
Sanitary District #3 meeting is scheduled for September 15, 2009 at
4:30 pm.
Clerk Supple reported that updated maps for the Comprehensive Plan can
be produced by Gremmer & Associates by a technician with Andy Klemp
overseeing the work.
Supervisor Giese reported that the bridge on Prairie Road needs
backfill due to erosion.
Complaints have been received about the new lights at Schmitty’s as
well as the removal of the divider between the parking lot and Garden
Drive. It was also noted that the grease barrel is sitting by the
road.
FINANCIAL REPORT: July 2009
General Account received: $115,935.66
Orders: 362,703.84
Balance: 107,344.43
CD: $275,000.00
Road, Bridge, Culvert & Eq.: $5774.57
CD: $550,000.00
Park: $19,324.44
Recycling: $1.00
Motion was made and seconded to approve the Financial Report. Motion
carried.
PAYMENT OF BILLS:
Bills: $159,686.38 Wages: $12,146.68
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