REGULAR TOWN BOARD MEETING

APRIL 14, 2008

 

Chairman Leair called the meeting to order at 7:00 p.m. Present were Supervisors Schmittinger, Morris, Reid and Ross.  Leair welcomed Ross to the Board and welcomed back Reid.  Also present were Administrator/Planner Herrmann and Clerk Whitmore.

 

Discussion/action – Minutes to be approved –

Reid made motion to approve the minutes of March 10, 2008, Morris seconded, motion carried with Ross abstaining.

 

Discussion/action – Bids to be awarded

2008 Road Maintenance (Patching and Paving)

It was explained to those present that the paving bid will not be awarded this evening; it has to be re-bid due to a technicality.

 

Contract “B” – Patching

Bids were received from the following –

                                                   

   Butterfield Trucking -    1.  $137.50/ton       2.  $ 15.00/ton

   Dodge Construction  -    1.  $149.00/ton       2.  $ 14.50/ton

   Pave-Tech, Inc. -            1.  $218.00/ton       2.  $ 28.00/ton

   Payne & Dolan -             1.  $165.00/ton       2.  $ 28.00/ton

   Wolf Paving -                 1.  $130.00/ton       2.  $   9.75/ton

 

Discussion on the bids received , Morris made motion to award the 2008 Patching Bid to Wolf Paving , Ross seconded, motion carried unanimously.

 

Street Sweeping

The following bids were received –

 

  Butterfield Trucking          -                           $ 9,145.00

  Commercial Landscaping Maintenance -      $ 4,650.48

  Payne & Dolan   -                                         $13,850.00

  PMI  -                                                            $14,450.00

  Sweep-All       -                                             $18,027.10

 

Discussion on the discrepancy of the bids which range from $4,650.48 to $18,027.10 and the number of miles of roads the town has.  A representative from Commercial Landscaping Maintenance was present and stated they have checked the roads in the town, are aware there is 79+ miles of road.  They have two sweepers which are both fairly new and they can get the job completed.

 

Schmittinger made motion to accept the bid from Commercial Landscaping Maintenance for $4,650.48, Morris seconded, motion carried unanimously.

 

Brushing

The following bids were received –

 

  Best Wood Judge -               $  13,680.00

  Butterfield Trucking -           $  22,400.00

  Endeavor Environmental -    $    7,600.00

  Pinenut Landscape  -             $140,006.00

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Discussion.   An Endeavor Environmental representative was present and answered questions from the Board.  Schmittinger made motion to award the Brushing Bid to Endeavor Environmental for $7,600.00, Ross seconded, motion carried unanimously.

 

Weed Cutting – Lots and Roadside

Bids were received from the following –

                           LOTS                                                                                   ROADSIDE

  Butterfield Trucking                         -           $76.50//hr.                   Ben’s Cutting                          $52.25/hr.

  J & O Trucking                     -           $69.00/hr.                    Butterfield Trucking               $49.90/hr.

  Pinenut Landscaping LLC    -          $66.00/hr                     Green Keeper                          $52.00/hr.

  Watertown Evergreen           -           $61.00/hr.                    J & O Trucking                       $55.00/hr.

                                                                                                Pinenut Landscaping              $56.99/hr.       

                                                                                                Watertown Evergreen             $61.00/hr.

           

Morris made motion to award the Weed Cutting – Lots bid to Watertown Evergreen for $61.00 per hour and the Roadside bid to Butterfield Trucking for $49.90 per hour, Ross seconded, motion carried unanimously.

 

Monthly report from Wales-Genesee Fire Chief Greg Jezak

Jezak reported to the Board there were 24 total calls in the month of March, with a total for the years of 105 as of today’s date. He has applied for two grants, one through FEMA for a new fire engine in the amount of $410,000; the second the department received a grant from FHS Radio in the amount of $1,723, the cost of the new pagers to the tax payers will be $90.00.  He expects delivery of the new ambulance in July or August.

 

Discussion/action – Request for Fireworks Sale License – Fireworks City – Matthew Fahr

The Plan Commission has approved the plan of operation subject to conditions of the Town Planner. Schmittinger made motion to approve the Fireworks Sales License for Fireworks City subject to payment of fees and subject to the conditions of the Town Planner – Morris seconded, motion carried unanimously.

 

Discussion/action – Request for Fireworks Sale License – Freedom Fireworks – Tom Hein, Hwy. 59

The Plan Commission has approved the site plan for Freedom Fireworks (Highway 59 location), there will be no digital signage.  Ross made motion to approve subject to the Plan Commission requirements, Morris seconded, motion carried unanimously.

 

Discussion/action – Request for Fireworks Sale License – Big Top Fireworks – Diana James

This is scheduled to go before though Plan Commission on April 28th.  Morris made motion to approve the license for Diana James (Big Top Fireworks) subject to review and approval of the plan of operation by the Plan Commission, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Request for Fireworks Sale License – Freedom Fireworks – Tom Hein – Hwy. 18

This is a new location in the Town, on the Saxe property on highway18, at the end of the parking lot. The tent will be set up on the grass and the paved parking area will be for the parking, the number of parking spaces on the property meets the requirements for the restaurant and fireworks stand.  Schmittinger made motion to approve the location on highway 18 for Freedom Fireworks subject to approval by the Plan Commission and payment of the fee.  Morris seconded, motion carried unanimously.

 

Discussion/action- Request for 6 month Class B Beer License at Genesee Town Park – Genesee Lions Club – Dan Schmidt, agent

Discussion, Morris made motion to approve the 6 month license for the Wales-Genesee Lions Club at Genesee Town Park with the condition that the concession stand, area immediately surrounding the three (3) ball

 

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diamonds and only licensed on Wednesday and only when the Rebels are not playing and licensed. The entire park in not licensed and reserved to the Lions, Ross seconded, motion carried with Schmittinger abstaining.

 

Discussion of letter received regarding the Knox Box requirement – William Wachendorf

Wachendorf was present to discuss his letter received by the Town dated April 3, 2008 regarding the Knox Box requirement for businesses in the town; he feels this should be up to the owner to opt out of this requirement if they so choose.  He reported the Knox Box in voluntary in North Prairie and Big Bend has recently rescinded their ordinance. Wachendorf stated he would be willing to sign a letter that states the fire department has his permission to break a window to gain entry to his building if they see smoke or flames.

 

Chief’s Greg Jezak and Don Gray explained how the Knox Box system works, dispatch has to be called before they can enter the box to get the key, there is a trail of paperwork anytime the key is obtained from the box.

 

Discussion of the conditions that are now in place and possible changes to the plan of operation and ordinance.

The Board directed this be sent to the Plan Commission for review to possibly modify the Knox Box Plan of Operation conditions to include a review and recommendation by the Fire Chief and Plan Commission based on each business operation and location.

 

Discussion/action – Request to waive interest and penalty on 2007 property tax bill from Ron Williams

Letters were received from Ron Williams dated March 25 and March 26, 2008  requesting the Town waive the interest and penalty accrued on his property tax bills for 2007. Mr. Williams’s letters state he dropped his tax bills off in the halls drop box on January 31, 2008 sometime between the 3:30 and 4:30 p.m., noticing some resistance dropping into the slot. He talked to Treasurer Carol McCormick on March 24th and was told the envelope was in found in the drop box that day, that he should take it to the county for payment as soon as possible as the due date was January 31st and they were assessing interest and penalty.  Mr. Williams was present at the meeting and basically re-stated what was in the letters stating he did pay his taxes on time and did not think he should have to pay any interest or penalty when his bills were paid on time.

 

Leair told Board members that we do not have the authority to waive the interest and penalty, if we were to agree with Mr. William the Town would have to pay the penalty to the County. Only the County could actually waive the fees. Treasurer Carol McCormick was unable to attend tonight’s meeting, she left a memo for the Board that Leair read –

 

April 3, 2008

TOWN BOARD MEMBERS

Attached is the letter from property owner Ronald Williams regarding his payment for 2007 tax bills.

 I explained to Ron that the night deposit box was checked after the January 31st due date because of the new extension law passed for the grace period for payment of taxes  Besides that Shelby Hemauer who helps during tax season, checked twice a week looking for dog license applications,  last checked on February 21, 2008.  I did speak to Terri at the Waukesha County Treasurer Office regarding notices sent to property owners and was told the first notice was sent in mid-February and then again in March.

Waukesha County will continue to assess interest and penalty until his property tax is paid in full now that he missed the deadline of January 31, 2008.

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I do not feel that it’s fair to ask the County to accept his payment as timely.

 

Carol McCormick

Treasurer

Whitmore stated there have been envelopes caught in the box in the past, however, if they are caught up no other envelopes can pass through and no other envelopes can go into the shoot, there were no other envelopes found in the box with Mr. Williams.  As Carol had stated in her memo, Shelby had checked the box until February 21st for dog license applications. Discussion by the Board; no action was taken.

 

Discussion/action – Transfer of rights granted through a zoning amendment condition - Jim Derrick

A deed restriction was placed on the Roger Berg property in 1987, they would now like to sell the property and are requesting the deed restriction be transferred to Jim Derrick who will file the same deed restriction, and Derrick cannot remove the property from the current zoning, discussion.  Morris made motion to approve the transfer of the deed restriction from Berg to Derrick with the Town preparing a new deed restriction which will be recorded by the new owner, Schmittinger seconded, motion carried unanimously.

 

Discussion/action – Request for refund of town hall reservation for 4-12-08 – Julie Reuss

Whitmore explained Ms. Reuss had requested to cancel her reservation on April 12th; the Town was able to rent the hall on the 13th so she recommended the refund be allowed as we only rent the hall on one day per week-end.  Schmittinger made motion to approve the refund, Reid seconded, motion carried unanimously.

 

Discussion/action – Reconsideration of Video Franchising Authority Agreement – AT & T

Discussion on the agreement received from AT & T.  It was agreed that because the state now sets and over sees the cable/video franchising in the state the town should rescind the 3% earlier discussed for AT&T and change it to 5% which is what the state is negotiation at.  Morris made motion to set the AT&T franchise fee at 5%, Ross seconded, motion carried unanimously.  Herrmann stated the letter to AT&T would go out this week.

 

Discussion on wood cutting/splitting (noise complaint) Muglia property

Herrmann reported to the Board the county received an anonymous complaint about noise every week from a neighboring property cutting wood, the county notified Mr. Muglia, the property owner, asking for a written response if there was a wood type business being run on the property.  Mr. Muglia returned a letter stating this is not a business; they use the wood for heating their home, not a business.

 

Mr. Muglia was present this evening and told the Board he also cuts wood for family and friends, but no more than two days a week and one day on the week-end, discussion. Board members agreed no action would be taken; a signed formal complaint would be needed before the Board would discuss this further or take any action.

 

Discussion/action – Appointments

Tele-Communications Coordinator (formerly Cable TV Advisory Board)

Leair recommended Greg Gapinski.  Schmittinger made motion to appoint Greg Gapinski as the Tele-Communications Coordinator, Reid seconded, motion carried unanimously.

 

Intermunicipal Joint Planning Committee – North Prairie

Intermunicipal Joint Planning Committee – Wales

Schmittinger made motion to reappoint Drake Reid, Brett Engelking and Sharon Leair to the Intermunicipal Joint Planning Committee’s for North Prairie and Wales, Ross seconded, motion carried unanimously.

 

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Weed Commissioner

Discussion, Schmittinger will contact Mr. Mueller.

 

Town Board Appointments

 Road Supervisor – Jim Morris

Town Hall and grounds – Jim Morris

 County Meeting Attendance – Drake Reid

Park Board liaison – Jeff Schmittinger

Plan Commission – Charlie Ross –Schmittinger made motion to appoint Ross to the one year Town Board member on the Plan Commission, Morris seconded, motion carried unanimously.

 

Plan Commission

Schmittinger made motion to re-appoint Brett Engelking for a three year term and Joe Turzynski for a one year term on the Plan Commission, Morris seconded, motion carried unanimously.

 

Discussion on 2009 CDBG application

Board members were copied with the application form and project description from the Park Board regarding the work to be done on the shelter house at Town Park.  Discussion, this is for work to be done in 2009. Reid made motion to approve the Community Development Block Grant application, Morris seconded, motion carried unanimously.

 

Discussion/action – Operator Permits

There were no applications.

 

Reports –

Roads – Jim Morris

 Snow and Ice Control

Morris had no updates, stating he would be contacting Gordy Carlson regarding what winter repairs to the roadside are Butterfields responsibility.

 

Whitmore went over the monthly report for the snow plowing – for the year 2008 the town has spent $386,399.53 making us over budget by $136,399.53 as of the end of March.

 

Chairman – Sharon Leair

Legislative updates

There were no updates to report.

 

The Wisconsin Towns Association County Unit meeting will be Wednesday April 23rd at the Town of Lisbon.

 

Administrator – Jeff Herrmann

Smart Growth/Land Use update

The next meeting will be April 30th at 6:30 p.m.  Herrmann attended a meeting at the County regarding our Land Use Map and they will not approve some of the zoning changes, he will be adding this to the agenda on the 30th for review and discussion.

 

Clerk – Barb Whitmore

Election update

Whitmore reported there were a total of 1,095 voters at the April 1st election of that 32 were absentee voters.  We registered 11 new voters and had a 20% turnout.

 

 

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A notice of commencement of action to foreclose tax liens by County was received by the Town on the Orval Kleist property, discussion.

 

Town of Mukwonago will be holding a Board of Review Training on April 29th at 7 p.m.  Any Board member that would like to attend should let her know and she will notify Mukwonago.  Schmittinger, Reid, Morris and Ross all will be attending.

 

A meeting will be held on May 1st at the Mukwonago Town Hall for property owners along Highway 83 that the state will be purchasing property for the expansion.  The Town has been notified that they will be purchasing some land from the Town on the property that holds the ponds near the creek.  Herrmann and Whitmore will be attending that meeting.

 

Discussion/action – Bills to be presented

Schmittinger made motion to approve the bills as presented, Reid seconded, motion carried unanimously.

 

Correspondence

Board members were copied with the correspondence.

 

Schmittinger made motion to adjourn, Reid seconded, motion carried unanimously.  Meeting adjourned at 9:20 p.m.

 

Respectfully submitted,

 

 

Barbara A. Whitmore, WCMC

Town Clerk