PUBLIC HEARING

VACATION OF CROWN COURT

JUNE 11, 2007

 

Leair called the hearing to order at 7:00 p.m. Present were Supervisors Carlson, Reid, Schmittinger and Morris. Also present were Administrator/Planner Herrmann and Clerk Whitmore.

 

Herrmann told the Board Jay Keinert had called him this afternoon and was able to make tonight’s meeting, he was stuck in Sheboygan. Herrmann explained the history of the road, explaining they are re-combining the lots in a certified survey map that was approved several years ago. They would like to vacate the road and stated they are coming in with a new development for the land. We have not received any plans for a new development at this time. The roadway has to be vacated as it had been dedicated as a public road.  Notice of this vacation was published three times and posted three places in the town.

 

Leair opened the floor for public comment. There were no comments from the floor and discussion was brought back to the table. 

 

Discussion if there would be access to the combined parcel.  Herrmann pointed out access to the three parcels. The access permit to Crown Court was withdrawn by the state because there was no work done on the roadway.

 

Leair closed the public hearing at 7:03 p.m. and opened the board meeting.

 

 

REGULAR TOWN BOARD MEETING

JUNE 11, 2007

 

Discussion/action Minutes to be approved –

Regular Town Board Meeting of May 14, 2007 -  Carlson made motion to approve, Morris seconded, motion carried with Schmittinger abstaining.

 

Board of Review of May 14, 2007 - Carlson made motion to approve, Morris seconded, motion carried with Schmittinger abstaining.

 

Monthly report from Wales-Genesee Fire Chief Greg Jezak

Jezak reported there were 34 calls in the month of May with a total of 149 for the year; last year as of end of May the total was 157.  As of this date there have been 162 calls.  Discussion of the response time to the town calls.

 

Update on house numbers grant information

Jezak reported the grants are limited as to what they can be used for, it will cost approximately $70,000.00 at around $35.00 per sign. This will be discussed again at budget time.

 

Discussion/action – Emergency Vehicle Preemption light at Hwys. 18 & “C”

Leair reported to the Board that she has spoken with Jeff Flaws regarding the lights at highway 18 and C. Delafield has already applied for a permit through the state and both Wales and Genesee should work with them. The state would bill the Town of Delafield and we would pay our portion to

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 2

 

Delafield. Herrmann will contact Dean Richards to discuss the cost; there is confusion on what this would actually cost the municipalities. 

 

Schmittinger questioned where the need was for this, what was the justification for the cost.  Leair stated they are starting construction of that intersection soon and it would be cheaper to do it then rather than later.  Schmittinger felt he couldn’t justify spending the money as there is not that heavy a traffic load at that intersection, he would like to see the figures for the number of accidents at that intersection.

 

Morris felt we should do this now as a prevention measure.  Schmittinger felt there were not many calls for the department beyond that point.

 

Herrmann said he was attending a meeting on the construction on June 26th and would get more information.

 

This item was tabled to July.

 

Discussion on Emergency Management Program

Jezak went over information that was put into place for the forecasted severe weather last Thursday and things the Town should be working on for emergency operations in the future.

 

The Emergency Management Institute in Maryland is offer a 4 ½ day course in October; the Chief recommended the town send someone.

 

Reid felt the Board should be looking at the cost of a generator for the town hall during the budget process this year.

 

Discussion/action – Resolution 07-4R to Vacate Crown Court – Keinert Limited Partnership

Schmittinger asked what will happen once this is approved. Herrmann told the Board the resolution will be sent to the county and they will remove the road from the maps.  Schmittinger questioned the maximum number of lots that the property could have if a new development was brought in.  Herrmann said there is 13 acres with a lot size requirement of 20,000 square feet, once you add roads, stormwater, parking it wouldn’t be many, and the proposed CSM has 4 lots.

 

Schmittinger made motion to approve Resolution 07-4 Approving the vacation of Crown Court, Carlson seconded, motion carried unanimously.

 

STATE OF WISCONSIN         TOWN OF GENESEE       WAUKESHA COUNTY

 

RESOLUTION NO.  07-4R

 

APPROVING DISCONTINUANCE OF

CROWN COURT, TOWN OF GENESEE

WAUKESHA COUNTY, WISCONSIN

 

 

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 3

 

WHEREAS, upon the Petition for the discontinuance of Crown Court,

 

more particularly described as follows:

 

Being all of proposed road as platted in C.S.M. No. 9995, located in the SE ¼, SW1/4 and NE ¼ of the NW ¼ of Section 27, T6N, R18E, Town of Genesee, Waukesha County, Wisconsin, more fully described as follows;

Beginning at the Southeasterly corner of Lot 4 of said C.S.M.; thence S21°22’39”E, along the Westerly right-of-way line of STH 83, 66.000 feet to a point: thence S68°37’21”W , 40.000 feet to a point of curvature: thence 172.572 along the arc of a curve to the left, with a radius of 4063.425 feet, whose chord bears S67°24’21”W, 172.559 feet to a point of tangency; thence S66°11’21”W, 107.727 feet to a point of curvature; thence 23.862 feet along the arc of a curve to the left, with a radius of 30.000 feet, whose chord bears S43°24’09.5”W, 23.238 feet to a point of reverse curvature; thence 283.943 feet along the arc of a curve to the right, with a radius of 60.000 feet, whose chord bears N23° 48’39”W, 84.000 feet to a point of reverse curvature; thence 23.862 feet along the arc of a curve to the left, with a radius of 30.000 feet, whose chord bears N88°58’32.5”E, 23.238 feet to a point of tangency; thence N66°11’21”E, 107.727 feet to a point of curvature; thence 175.375 feet along the arc of a curve to the right, with a radius of 4129.425 feet, whose chord bears N67°24’21”E, 175.362 feet to a point of tangency; thence N68°37’21”E, 40.000 feet to the place of beginning.

 

Said petition received on the 13th day of November, 2006,

 

            WHEREAS, all of the notice requirements of ss 66.296, Wis. Stats., have been

 

complied with; and

 

            WHEREAS, upon the pubic hearing respecting said petition held on the 11th day

 

of June, 2007,

 

 

NOW, THEREFORE, IT IS HEREBY RESOLVED:

 

            That the petition to discontinue Crown Court, Town of Genesee,

 

Waukesha County, Wisconsin, is hereby granted.

 

            Dated this 11th day of June, 2007.

 

                                                                              TOWN OF GENESEE

ATTEST:                                                                Sharon L. Leair

Barbara A. Whitmore                                    Sharon L. Leair, Town Chairman

Barbara A. Whitmore, Town Clerk

 

 

REGULAR TOWN BOARD MEETING             JUNE 11, 2007                      PAGE 4

 

Discussion/action – Request for Block Party on July 3, 2007 for fireworks, outdoor live music

and blocking traffic on a town road – Darrell Gore, Chipmunk Lane

Darrell Gore was present to discuss his request, stating this involves all neighbors on the cul-de-sac, emergency vehicles can travel the road, it is not totally blocked. The fireworks would be from around 9:15 to 11 p.m. with the live music, if they have it, during daylight hours for an hour or two.  Neighbors in the immediate area are invited, they usually have a total of about 60 people, of which 20 or so may stay overnight in tents on the property. They are asking for a rain date of July 4th.

 

Carlson questioned how large the fireworks are that they will be launching, as the road was just resurfaced.  Gore said they are not big fireworks; they are the kind you can buy in any of the local stores.

 Leair said if this is approved and a no burning ban is issued, this permit would be voided.

 

Morris made motion to approve the request of Darrell Gore on July 3rd for fireworks and outdoor live music on Chipmunk Lane on July 3, 2007, with a rain date of July 4th. Reid seconded, motion carried unanimously.

 

Discussion with Saylesville Community Group leader Dina Visuri

Dina Visuri was present representing the Saylesville Community Group and also the Citizens of Genesee Group.  They would like to gain the Town’s support on growth in the area, zoning issues and a large part of the committees concern is the speed on Saylesville Road, the number of large trucks and little or no enforcement on the entire road.  Visuri stated they are working with County Board member Bill Mitchell and intend to also visit the Town of Waukesha Board and the City of Waukesha Council.

 

Leair and Board members agreed Saylesville Road is a cross-over road and people travel way to fast.  Additional traffic has been added because of the high school. The Board could support a request to lower the speed limit, however the County does have the final say, the Town has not had good luck in the past requesting the speed limit be lowered on other county and state roads.

 

Jim Nitz stated he has lived on Saylesville Road for 25 years and is concerned the traffic and speed will only increase if a round-about is built at highway 83 and Saylesville Road. His son was almost hit by a dump truck while waiting for the school bus.

 

Ed Cichurski of Holiday Oak Court felt that traffic during the school year hours increases and so does the speed, there is no enforcement. He also felt a weight limit on trucks and reducing the entire road to 35 mph should be done. He was also asking the Board for consideration and support of these issues.

 

The Board agreed to send a letter to the county asking for better enforcement along the entire road and request a reduction in the speed.

 

Discussion/action – Request to not add sprinkler system to canopy at pedestrian drop off –

St. Paul Parish

Herrmann stated this issue has been resolved, the sprinkler is not required if the material is noncombustible.

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 5

 

Discussion/action – Zoning district boundary for Williams and Carbonell properties on

Old Village Road

Property owners John and Nancy Carbonell were present to discuss this issue.  Herrmann explained the former Village Inn property is zoned B-2, the Carbonell property is directly to the east on Old Village Road, half of their property is zoned R-2 and half is B-2. Tom Williams, owner of the former Village Inn property, had requested the county for an interpretation of the zoning, he would like the Carbonell property entirely zoned B-2. The County Park and Planning Commission on June 7, 2007 tabled this item referring it back to the Town for consideration.

 

Carbonell asked if his property stayed commercial what the offset would be for Williams to build verses if it was residential. He didn’t care if it is a business zoning, he just didn’t want another bar next to him.  Herrmann stated 10 feet for commercial and 20 feet for residential.

 

Discussion how this would effect the town’s land use plan.

 

Board members felt the zoning should be want the person who is living there wants, not the neighbor.

 

Schmittinger made motion the Town recommend to Waukesha County Parks and Land Use in the interpretation of the Carbonell property on Old Village Road the zoning be residential per the request of the resident and owner of that property.  Morris seconded.  Herrmann will write our land use plan showing the recommended zoning as commercial.  He will also call Tom Williams on the outcome of tonight’s meeting.  Motion carried unanimously.

 

Discussion/action – Request for Peddlers License – Molly Applegate, Southwestern Company

Molly Applegate was present to discuss her request; she sells reference books for students from grade school through college.  Whitmore reported to the Board we have had others sell for Southwest in years past, there have been no complaints.  Morris made motion to approve the Peddlers Permit application for Molly Applegate, Carlson seconded, motion carried unanimously.

 

Discussion/action –Amendment to existing Permanent Drainage Easement – Ron Marx, Genesee Meadows Subdivision

Herrmann explained the reason for the amendment to the permanent drainage easement, the Town Engineer has reviewed the grading plans dated April 12, 2007 and recommend the town approve the proposal subject to the following conditions –

1.      Details for culvert end treatments shall be submitted to and approved by the Town.

2.      Approximate easement documents shall be recorded prior to any disturbance within the existing easement.

3.      All maintenance and/or repair of any of the proposed facilities within the easement limits shall be the responsibility of the property owner.

4.      The property owner shall restore all disturbed areas within the easement limits.

5.      Proper erosion control measures shall e installed and maintained throughout construction  

       and shall be removed after adequate vegetative growth has been established.

This will allow access to another part of the property, there is no access off Boettcher Road, discussion.

 

Mr. Marx was told to call the Town Engineer before he starts the work in the easement area.

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 6

 

Schmittinger made motion to approve the Permanent Drainage Easement subject to the Engineers conditions and Mr. Marx to give the Town a copy of the recorded document with the filing numbers. Carlson seconded, motion carried unanimously.

 

Discussion/action – Possible ordinance regulating parking of semi-trailers on town roads, Little

John Drive – Jeff Herrmann

Herrmann told the Board the Town has received several complaints of parking of semi-trailers on town roads; they drop of the trailer and park the tractor somewhere else.   Leair stated she felt this was a safety issue; someone could drive into the back end of this at night, discussion.

 

Herrmann to write a letter to the supposed owner of the trailer and write a sample ordinance that will be on next months agenda for discussion.

 

A short break was taken at 8:45 p.m., meeting called back to order at 8:50 p.m.

 

Discussion/action – Amendment to Declaration of Restrictions for Sutton Ridge Subdivision

Herrmann told the Board the Home Owners Association now wants to be able to have detached garages with approval of the architectural board, 60 % of the land owners have to approve/sign this amendment, discussion.   Schmittinger made motion to approve, Morris seconded, motion carried unanimously.

 

Discussion/action – Resolution 07-5R – Town of Genesee Insurance with Local Government

Property Insurance Fund

A new resolution is requested by the state, this is for the town’s property insurance coverage.

Schmittinger made motion to approve resolution 07-5R, Morris seconded, motion carried unanimously.

 

STATE OF WISCONSIN                     TOWN OF GENESEE                       WAUKESHA COUNTY

 

 

RESOLUTION NO. 07-5R

 

RESOLVED, that from and after the 11th day of June, 2007 the buildings and other property belonging to the Town of Genesee be insured in the Local Government Property Insurance Fund, under Chapter 605, Wis. Stats.,  and amended thereto.

 

__________________________________________________________

      The clerk of the Town of Genesee is hereby directed to carry out the provision of this Resolution.

REGULAR TOWN BOARD MEETING               JUNE 11, 2007                                  PAGE 7

      Dated this _____ day of _____________________, 2007.

      Adopted this ___ day of _____________________, 2007.

 

Sharon L. Leair, Chairman                                                Barbara A. Whitmore, Clerk

  Sharon L. Leair                                                           Barbara A. Whitmore

 

Discussion/update on AT & T U-verse TV Service

Leair reported she spoke with Neil Kedzie’s aid and this has passed back to the Joint Finance Committee, there were things that were not taken into consideration while writing this bill, cost to run the program and handle all the complaints was two of the issues. They were also discussing if municipalities can charge for permits for work in their right-of-ways.  This should be on the floor in the next few days.

 

Discussion/action – Public Facility Needs Assessment Ordinance – Jeff Herrmann

Discussion of the draft ordinance from Attorney Macy, it was agreed to wait until the changes discussed were added to the document to take action.

 

Discussion/action – Intergovernmental Agreement with Waukesha County – Jeff Herrmann

Herrmann told the Board he wants to meet with Leair and Attorney Macy to discuss the agreement. The county now wants to bill the costs to enforce their ordinance back to the municipalities, and the county wants to be included on the municipalities’ Letter of Credit.  There are several issues to resolve and Herrmann felt the best way was to meet with the municipalities that are involved and Perry Linquist.

 

Discussion/action – Amendment to Model Developers Agreement

This will add language to the Model Developers Agreement that will allow the Town to charge back to developers the cost associated with work done in the town’s right-of-way.  Morris made motion to approve the language change to the Model Developers Agreement, Carlson seconded, motion approved unanimously.  Herrmann said he will let John Macy know the Board approved the change.

 

Discussion/action – Resolution Designating Depository for the Town of Genesee

RESOLUTION DESIGNATING DEPOSITORY FOR    Town of Genesee

                                                       TREASURER              Carol J. McCormick

                                                        Address                       S43 W31391 Hwy. 83

        P.O. Box  242

                                                                                            Genesee Depot, WI. 53127

 

 

RESOLVED, that the following banking institutions:

 

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 8  

 

NAME                                                        CITY                                        STATE

Chase Bank                                             Delafield                                        WI

 

Citizens Bank of Mukwonago                Genesee Depot                               WI

 

Associated Bank                                      Waukesha                                      WI

 

Waukesha State Bank                              Waukesha                                      WI

 

State of Wisconsin                                   Madison                                        WI

 

Sunset Bank                                             Waukesha                                     WI

 

Town Bank _______________________Wales_____________________ WI

 

qualified as public depositories under the laws of the State of  Wisconsin,  shall be and

 

are hereby designated until further action, as public depositories for all public moneys

 

coming into the hands of the Treasurer of the  Town of Genesee,   Waukesha County,

 

State of Wisconsin.

 

 

THIS IS TO CERTIFY, that the foregoing is a true and correct copy of a resolution

 

duly and legally adopted by the Town of Genesee,   at a legal meeting on the

 

__11TH____ day of ___June_______, 2007.

 

                                           Barbara W. Whitmore

                                           Barbara A. Whitmore, Town Clerk

 

Reports –

Roads – Gordy Carlson

Patching & Paving Contract

Carlson reported they have started this years paving. Patching is always on going.

 

Sand Sweeping Contract

There have been some problems with the sweeping this year, we have received many complaints of streets not being done. Leair sent a letter to Payne & Dolan and Herrmann and Carlson are working with them to get the sweeping completed.

 

Roadside Weed Cutting Contract

Carlson reported the first cutting is about complete.

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 9

 

Brushing contract

Carlson reported they are working on the brush cutting at this time.

 

Chairman – Sharon Leair

Update on legislation effecting towns

Leair reported the Charter Town Bill is in the Senate, Wisconsin Town’s Association Executive Director Richard Stadelman is negotiation with the Wisconsin Builders Association.

 

Discussion’s on the levy limit are in Joint Finance, they feel the state budget will not be done for another 2 to 2 ½ months, and still have not decided if the emergency providers can go over 4 %.

 

Update on amendments on County site plans and plans of operations

Leair reported that three of the 4 Town’s Chairmen that are under County Zoning met with Dale Shaver asking to handle approvals for ordinary site plan/plan of operations to save people time and money and make the process easier for our residents and businesses. Shaver agreed to support the town’s on this to amend the County Code as long the municipalities follow up on violations and enforcements.

 

Administrator – Jeff Herrmann

Set Meeting date with Plan Commission on objectives for Smart Growth

Herrmann explained to the Board he needs to set a joint meeting with the Plan Commission to set and discuss goals, objectives and policies with the two boards, discussion.  Board members set Monday June 26th at 6 p.m. for a Joint Meeting with the Plan Commission.

 

Clerk – Barb Whitmore

Final 2006/07 snow and ice control numbers

Whitmore reported to the Board the total cost for the 2006/07 Snow and Ice Control work, the Town Hall parking lot plowing and salt was $2,812.50 and the roads were $393,660.62 with a total of $396,473.02. For the year 2007 the town budgeted $245,000.00 and has spent $308,373.14 causing the plowing to be over $63,373.14 so far this year.  There is enough money in the Highway budget to cover the over run.

 

Update on Nationwide ProAccount

The retirement fund representative came in several weeks ago with information on current changes with the Nationwide account.  Whitmore wanted to know if anyone would like them to come in and talk to the Board. No one felt they needed to come in to discuss the program.

 

Office hours for Congressman Sensenbrenner at Town Hall

Whitmore reported the Congressman will hold office hours at the Town Hall on Monday July 2nd at 11:15 p.m.

 

Treasurer – Carol McCormick

Update on unpaid personal property tax bills

McCormick had nothing new to add to last months report.

 

 

REGULAR TOWN BOARD MEETING              JUNE 11, 2007                      PAGE 10

 

McCormick reported the Town has received a check for the 2007 recycling grant for $28,650.74 and the 3% dues from Time Warner Cable for $24,504.68.

 

Discussion/action – Bills to be presented

Whitmore asked check number 21958 to Bob Rowlands for $3,800.00 be added, this is a bond refund for culverts on Road DT.  Carlson made motion to approve the bills as presented and to include check 21958 for $3,800.00, Morris seconded, motion carried unanimously.

 

Correspondence

There will be a meeting on June 26th with the state for work at the intersection of highway 18 and “C”, Herrmann will be attending.

 

The County has closed Sunset Dr. (CTH “DE”) from highway 83 to Boettcher Road for road work; it is suppose to be closed for a week.

 

The Town Hall had its semi annual fire inspection and passed.

 

Discussion on who would do the addressing for plats and certified survey maps for the Town.  It was agreed that the Planner would do the addressing for the Town since the Engineering firm would be charging for the service.

 

Discussion on who will attend the Waukesha County Emergency Management EOC Recovery Operations Course on July 24, 2007, Reid said he will try to attend on behalf of the town.  Discussion on the Town possibly sending someone to Maryland for the National Emergency Training course in October.  Board members felt they would not send anyone as the Chief was attending and he was the Town’s Emergency Government Coordinator.

 

Schmittinger made motion to adjourn, Carlson seconded, motion carried unanimously. Meeting adjourned at 9:55 p.m.

 

Respectfully submitted

 

 

Barbara A. Whitmore, WCMC

Town Clerk