REGULAR TOWN BOARD MEETING
JANUARY 9, 2006
Leair called the meeting to order at 7:05 p.m. Present were Supervisors Carlson, Reid, Morris and Schmittinger. Also present were Administrator/Planner Herrmann, Attorney Macy and Clerk Whitmore.
Discussion/action- Letter from Steven & Christine Vidmar regarding road problems
Mr. and Mrs. Vidmar were present to discuss their letter to the Board of January 2, 2006 regarding drainage issues and fill in the floodplain. The Vidmar’s thanked the Board for the work that has been done to the ditches. They had several items they wished to discuss with the Board this evening.
Plowing issues. - Mr. Vidmar is requesting the road be plowed “correctly”. They would like the town to plow the entire “L” shaped area at Woodfern and McAllister Way, but to not put any snow along his ditch or in front of his driveway, as it will melt and then go onto his property causing flooding on his property that is killing the trees on his property. He also requested when the road is re-paved, the road be crowned so the water runs into the ditches. Discussion between the Board and Mr. and Mrs. Vidmar regarding the snow plowing complaints.
Boulder issue
Vidmar said he agrees that the boulder is on private property, he will be asking the property owner, Randy Melody, if he can go the Melody property to move the boulder to allow the water to drain into the creek.
Fill issues
The Vidmar’s asked that there be an investigation on the fill that was put on his property on May 14, 2001, with out his permission, that he had to remove at his cost. They are requesting to be reimbursed for half of the out-of-pocket costs - $304.79 for the work they did and $80.00 for the county permit. Mr. Vidmar asked if he could have two witnesses testify to what they saw happening on his property on May 14, 2001. Board members agreed to listen.
Randy Warshaw of 9131 W. Dixon in Milwaukee reported he went to the Vidmar home on May 14th, 2001 to get some roofing tools and had to wait to get on to the driveway as there was heavy equipment on the roadway, blocking the Vidmar driveway. After he entered the property, got the tools and was leaving he saw a red truck putting fill on the Vidmar property.
Steve Nichols of the city of Milwaukee, Mr. Vidmar’s nephew, said he also saw the equipment on the road and a truck dumping fill on the Vidmar property that same day.
Drainage issues
Vidmar told the Board the turf is too high along the north side of Woodfern along the edge of the road so the water can not drain into the ditch, he feels if the town shaved the turf off it would solve the water problem there.
Mr. Vidmar stated he realized this would not be settled this evening, but wanted to know where we would go from here.
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Leair stated she has spoken with Butterfield Trucking about cleaning that corner on Woodfern. The signs he has put up also make the drivers leery as to where they are suppose to plow the snow. Vidmar stated he put up the signs to keep Butterfields trucks off his newly seeded grass.
Herrmann presented aerial photos of the Vidmar property from 1941 to 2000 showing the growth/vegetation on the property, a map showing the 100-year floodplain and environmental corridor on the property, discussion.
Leair stated the Town has spent close to $12,000.00 in this area, that we have not been ignoring the Vidmar’s complaints.
Discussion regarding the request for reimbursement. Macy stated there should be a legal document drawn up if the town decides to reimburse the Vidmar’s. There has been no request for anything in the past but for an investigation, this is the first time the reimbursement has been brought up, discussion.
Schmittinger made motion to go ahead and pay half of the expenses for the fill removal in the amount of $192.40, ½ of the cost of fill removal and grading permit and a release to be signed by the Vidmar’s to be prepared by the Town Attorney. Jim Morris seconded, motion carried unanimously.
Discussion on the request for removing the turf along Woodfern to allow for drainage.
Herrmann stated the engineer has not reviewed the request to remove the turf; he should do that before we do anything, discussion.
Schmittinger made motion the Town Board direct that the Town Engineer to opine as to whether it would help get the water off the road and into the ditch if we were to remove the turf along the Miller property from the corner to the gate along Woodfern and to opine as to whether, if this is done, whether he foresees any other problems that might occur if this turf is removed. Morris seconded, motion carried unanimously.
Discussion of the way the plowing is done.
Schmittinger made motion to direct the Planner, in writing, to direct Butterfield to have drivers attempt to move the snow to the south side ditches, and the west side of McAllister Way when possible. Reid seconded. Schmittinger stated if we get a heavy snow, you will have to live with it. Motion carried unanimously.
Discussion/action regarding “no snow here” signs, concrete blocks & branches tied to street sign on Woodfern Rd. & McAllister Way – Steve & Christine Vidmar
Discussion of the “No snow here” signs. Morris made motion to direct Mr. Vidmar to remove the signs, concrete blocks within the town right-of-way within 48 hours. Schmittinger seconded, motion carried unanimously.
Vidmar stated he would be untying the branches that are attached to the street signs also, he said his wife also wanted that done.
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Monthly activity report from Wales-Genesee Fire Chief Greg Jezak
Jezak stated there were a total of 349 runs in 2005, 5% more than the 333 in 2004, with 22 calls in December. Discussion of monthly report.
Leair asked if February 11th would work for the grand opening/ribbon cutting for the new station. Jezak and Joint Board Chair Schmidt felt it would, they would check with the Board and the calendar at the station.
Monthly activity report from Wales-Genesee Fire Board - Tim Schmidt
The chief is working on the tanker agreement with North Prairie; the terms will need to be approved by the town and village.
Chief will contact Jeff Flaws and Gene Mayernick regarding the lease for the fire station to find out how that is coming.
Discussion/action – Pay requests for Fire Station
Schmidt stated everyone should be paid but Stadler within the next two months.
Ray Stadler Construction
Morris made motion to approve the pay request for Ray Stadler Construction in the amount of $2,506.78, subject to approval of the Joint Fire Board, Carlson seconded, motion carried unanimously.
Venture Electric
Carlson made motion to approve the pay request for Venture Electric subject to the Joint Board approval in the amount of $7,575.31, Morris seconded, motion carried unanimously.
Discussion/action -Fire Dept. Lease/maintenance agreement with North Prairie
Schmittinger made motion to table this item to next month, Morris seconded, motion carried unanimously.
Discussion/action – Resolution 06-1R Commemorating Years of Service – Ty Taylor
Leair read Resolution 06-1R and then presented it to Ty Taylor.
RESOLUTION COMMEMORATING
YEARS OF SERVICE TO THE TOWN OF GENESEE
BY
TY TAYLOR
Town of Genesee Resolution 06-1R
WHEREAS, TY TAYLOR has served for ten years as a Plan Commissioner on the Town of Genesee Plan Commission, having been appointed by the Genesee Town Board on October 9, 1995, and
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WHEREAS, TY has admirably performed his duties and responsibilities during his tenure; and
WHEREAS, TY, through his service on the Plan Commission, has helped to shape and guide the orderly development of our community into the twenty-first century; and
WHEREAS, TY, in his official capacity has served this community well, as evidenced by his sincere, diligent and conscientious dedication in all of his Town duties;
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Genesee wishes to thank TY TAYLOR for his years of service to the Town;
BE IT FURTHER RESOLVED that on behalf of all of its citizens, the Town Board of the Town of Genesee does hereby humbly realize, appreciate and honor TY TAYLOR for his worthy contributions. May he be assured in the fact that this community recognizes his dedication and commends him for a job well done.
BE IT FURTHER RESOLVED that a copy of this Resolution be set forth in the public records of the Town of Genesee and that a copy of this Resolution be presented to TY TAYLOR.
PASSED AND UNANIMOUSLY ADOPTED by the Town Board of the Town of Genesee, Waukesha County, Wisconsin, this 9th day of January, 2006.
Supervisors: ATTEST: __Sharon L. Leair________
SHARON L. LEAIR
GORDON CARLSON Town Chairman
JAMES MORRIS
DRAKE REID
JEFFREY SCHMITTINGER __Barbara A. Whitmore____
BARBARA A. WHITMORE
Town Clerk
Discussion/action –Approval of appointments
Office Clerk – Deborah Gresser
Whitmore introduced Deb who will be taking the job as Election Clerk replacing Barbie Jorgensen, she lives in the town of Genesee. Carlson made motion to approve the appointment of Deb Gresser as Election Clerk, Morris seconded, motion carried unanimously.
Town Hall Custodian – Ken Melotik
Ken was introduced to the Board, he will take over the duties previously held by Terry Moore, Ken also lives in the town. Carlson made motion to approve Ken Melotik as Town Hall Custodian, Schmittinger seconded, motion carried unanimously.
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Discussion/action – Preliminary Plat – John Mueller property, Point Dr. – Neumann Dev.
Leair read the letter granting an extension to act on this plat until next months meeting. Carlson made motion to table this item to February 13, subject to clarification Morris seconded, motion carried unanimously.
Discussion/action – Developers Agreement and Letter of Credit – Keinert Consolidated
Herrmann gave a brief history of the development. The Town does have a Letter of Credit, $180,320.00, and a Developers Agreement stating the first lift of asphalt is to be placed by October 31, 2005. The asphalt has not been placed; the state has revoked their permission to access STH 83, as the road was not put in during the time frame on the permit. After several attempts per mail to reach Mr. Keinert, a letter was received on December 14th from Keinert stating he may not be putting in the mini-storage building.
Macy stated Keinert has the right to sell the lots, but those buying the lots have no access to them. Discussion on what could be done, possibly modifying the current Developers Agreement and increasing the Letter of Credit.
Planner to send a letter to Mr. Keinert giving him 14 days from the date of the letter to respond to the town or the Chair can authorize the Attorney to start the process to pull the Letter of Credit.
Schmittinger made motion to authorize the Town Chairman to authorize the Town Attorney to pull the Letter of Credit if we do not hear from Keinert in the allotted time, Carlson seconded, motion carried unanimously.
Discussion/action – Proposed Fire Protection Water Tank Requirements
Herrmann discussed a proposed Fire Protection Water Tank Requirements policy for the Board to review. The Chief’s would decide where the tanks would go in new developments. The town currently has a policy only new developments in the Wales-Genesee fire protection area have the tanks; Herrmann is proposing we have them through out the town, discussion of the policy presented.
Treasurer Report – Carol McCormick
McCormick stated tax collection went well this year, she collected around $5 million dollars, not all of it was in the bank on December 31, and so we are only paying out $4.5 million to the schools, county and state this month. She received two (2) letters from people unhappy with their assessments; she sent them on to Leyton Schultz, Town Assessor. There has been about $38,000 in refunds due to the lower bills this year.
She received a check from the county for the Ag Use tax for Sutton Ridge in the amount of $4,320.00
She has opened accounts at the Town Bank in Wales, a money market for $100,000 and a CD for $100,000.
The town has received $36,658.12 in transportation aids.
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Bills to be presented
Discussion. Morris made motion to approve the bills to be presented, including a check for $192.40 to the Vidmar’s and removing the no number check of $1,269.43 extra check to the Clerk, Reid seconded, motion carried unanimously.
Discussion/action – Storm Water Maintenance Agreement – Kettle Ridge Subdivision
Schmittinger made motion to approve the Storm Water Maintenance Agreement subject to being signed by Kurt Andrae, authorized member of KC Kettle Ridge Farms, LLC, and subject to proof of filing being provided to the Town Clerk. Carlson seconded, motion carried unanimously.
Discussion/action – Resolution 06-2R, Charges and Fees Schedule for the Town of Genesee
Discussion of changes to the schedule. Whitmore stated the culvert application fee has been $65.00 as long as we have had it, $55 goes to the engineer and the town keeps $10 for office costs. Bob Gassert/Yaggy Colby, has requested an increase to $90.00 per inspection, the new proposal is $110, with $20 for the town office costs and time.
Whitmore said she contacted several pumpers for the holding tank permit bond. The average for a residential holding tank pump is $140 to $160.00; we are proposing changing our bond to $150.00. The cost to pump the grease holding tanks is .13 cents per gallon, we are proposing a bond of .15 cents to again cover the town costs. Discussion of the bond amounts and possible changes to the holding tank agreement.
The current ditch and occupancy bond is $1,000.00; Gassert is recommending a new amount of $1,900 in a letter dated 1-3-06, which will require an amendment to Ordinance 03-1, discussion.
Morris made motion to approve Resolution 06-2R with the changes discussed this evening, Reid seconded, motion carried unanimously.
Discussion/action – Amendment to Ordinance 03-1
Carlson made motion to table item #15 on the agenda, Reid seconded, motion carried unanimously.
Discussion/action - Town Hall furnace repair/replacement
Discussion if the heat exchanger only should be changed or if we should purchase a new furnace unit.
Schmittinger made motion to accept Dave Droegkamp Heating, Inc. bid of $3,082.46 to replace the heat exchanger (blower wheel - $198.76, blower wheel shaft - $81.08, heat exchanger $2,170.62 and labor $632.00) Carlson seconded. Carlson stated he would call Droegkamp on Tuesday. Motion carried unanimously.
Discussion/action – Town Hall lease policy
Discussion if the Board wanted to continue renting the meeting room to residents. Board members agreed we should continue to rent the room to resident. They then went over problems that we have had and changes that can be made to the policy. A new policy will be presented to the Board at next months meeting.
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Discussion/action – Set date for public hearing on Land Use and Development Ordinance
Herrmann suggested the public hearing for the Town of Genesee Land Use and Development Ordinance be on March 13, 2006. Morris made motion to hold the public hearing for the Land Use and Development Ordinance, Carlson seconded, motion carried unanimously.
Discussion/action – Operator Permits
There were no applications this month.
Reports –
Roads – Gordy Carlson
Update on Snow & Ice Control Contract
Carlson reported the snow-plowing bill for December was $98,718.51. Schmittinger said he received a call on the 31st about some asphalt being torn up on Forest Hills Drive; this will have to be repaired this spring.
Update on Traffic Signage & Markings Grant
Herrmann gave the Board an update on the grant application; the town would not have enough work to cover the amount of the grant, so the paperwork was not completed.
Correspondence
Leair reported she received an e-mail today from John Schwabe, he will be moving from the town the end of February and submitted his letter of resignation from the Park Board.
The Town received a letter form Mr. Pfeiffer that the speed limit on highway 83, past the fire station will not be lowered to 35 mph.
A Waukesha Co. Cooperation Council meeting will be held on January 30th at 7 pm
Whitmore reported we received a thank you from the Kettle Moraine Food Pantry; we took over at least 7 boxes of food this year. This is probably the most we have taken since we started doing this.
A thank you was also received from the Aurora Visiting Nurses Association for allowing them to use our building for the flu shots; they gave a total of 250 shots and said they would like to use our building again in 2006.
Carlson made motion to adjourn, Reid seconded, motion carried unanimously. Meeting adjourned at 10:05 p.m.
Respectfully submitted,
Barbara A. Whitmore, CMC
Town Clerk