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August 14, 2006 Board of Supervisors Meeting
August 14, 2006
Board of Supervisors Meeting
Maine Town Hall
6111 N. 44th Avenue
Wausau, WI 54401
August 14, 2006
Minutes:
Chair Hoenisch called the meeting to order at 6:04 p.m.
Discussion took place on the Wunch Subdivision/Rainbow Developers on the corner of Rainbow and 28th Avenue. They feel they won’t get a 12” cover on the road due to electric and phone lines buried there. Supervisor Wanke suggested having the Public Service locate lines. Culvert size will be determined upon that information. They have a concern with logging trucks until the road is settled; there is a 12 month settlement period. They would like the Town to do the ditching. They asked if Doug and Teresa can get a building permit if the road is not done. Chair Hoenisch stated they would more than likely issue one permit to begin the subdivision.
The Supervisors reviewed accounts payable bills.
Chair Hoenisch adjourned the Board of Supervisors Meeting at 6:25 p.m. to facilitate the special Plan Commission meeting.
Chair Hoenisch reconvened the Board of Supervisors meeting at 7:35 p.m.
The Pledge of Allegiance to the Flag was recited.
Clerk’s Report: Clerk Freund requested to dispense the reading of the minutes and the Supervisors to accept the July 10, August 3 and August 11, 2006 minutes. Copies of the minutes are available. Supervisor Zernicke made a motion to accept the minutes, seconded by Supervisor Wanke motion carried.
Chairperson’s Report: Chair Hoenisch explained that IROW has been extremely busy and were not able to put together a date for the spring 2006 for a large item cleanup.
The Town will have a spring clean up of 2007.
Chair Hoenisch received complaints on speeding on N. 4th Avenue. Mr. Brenneman who resides in the area explained the Sheriff’s Department about the speeding problem. Mr. Brenneman stated the speed trailer display stated 63 miles per hour in a 35 mile zone. At this time Lieutenant Wisniewski is now checking into the speeding complaint. Mr. Brenneman stated the speed limit signs are not the same on each side of N. 4th Avenue. The Town will check into the discrepancy of speed limit signs.
Chair Hoenisch reported roads scheduled for repairs have been paved or chipsealed. They will be shouldered in approximately six weeks. Lower Circle was double chip sealed, Cassidy Drive was paved from N. 14th to N. 4th Avenue, 14th Avenue was pulverized, the Town was going to have it double chip sealed but the WI Public Service is installing a new 12” high pressure main. Decator Drive from 60th 44th Avenues was repaved and also 44th Avenue from Decator Drive to Highway U was repaved.
Geogre Lonsdorf had his subdivision paved also.
Vernelle Carazella deeded three lots in the Parkchester Subdivision to the Town and the Town will pay for that portion of the blacktop road with those proceeds.
August 14, 2006
The Town is working with 3M to cost share N. 4th Avenue for repair in the future.
Attorney Frokjer stated Hess’s Law firm has agreed to allow Chair Hoenisch and Treasurer Marilyn Grunenwald to copy records as needed for the Town at no charge. He stated a lot of time has been spent by Marilyn and Betty making copies for the Town. Attorney Frokjer suggested making a list of questionable papers and if needed, Attorney Frokjer can address it with the Hess Law Firm as needed.
Supervisor Report: Nothing from Supervisor Wanke tonight. Supervisor Zernicke stated the tractor has arrived and they will examine it to determine if it needs additional lights. Chair Hoenisch stated a special meeting will be called to look at the tractor and also to check Julian Drive before it is dedicated by the Town.
Treasurer’s Report: Marilyn Grunenwald reported these figures for month ending 7/31/06:
Town of Maine Money Market Account- $246,326.29
Deposits and Interest- 315,591.76
Expenses- 60,475.69
Money Market Balance 7/31/06 501,442.36
Town of Maine Checking Register Balance- 4,842.79
Certificate of Deposit-Garbage & Recycling- 40,592.23
Town of Maine Fire Dept. Petty Cash- 1,299.69
Town of Maine Fire Dept. Money Market- 17,932.16
Municipal NOW Account- 205,329.01
Supervisor Wanke made a motion to accept the treasurer’s report, seconded by Supervisor Zernicke, Motion carried.
Zoning Administrator’s Report: Lester Krueger stated there were 13 inspections done this past month. Last month he was asked how many inspections he has completed. He researched the Wisconsin Administrative Code and highlighted how many inspections each instance takes to complete a building project to prove his answer right to a resident from last month’s meeting. Mr. Krueger stated he is certified thru the State in Wisconsin and must follow the UDC Code.
Other Business:
A. The proposed preliminary subdivision plat/George Lonsdorf. Attorney Frokjer requested to tie together items A and B as the CSM involves both. See below.
B. Christopher and George Lonsdorf/Dale Janisch road agreement.
If the proposed road is to be dedicated and money is escrowed for that project the Town ordinance needs to be followed. Attorney Frokjer stated if George Lonsdorf does the work and follows town specifications including the road needing 12 months to settle then the road can be paved in summer 2008. The CSM completed by Gary Kruger, surveyor, had language edited to extend the cul de sac beyond the 850 feet which the Plan Commission approved when reviewing and approving the proposed CSM. Attorney Frokjer stated the road application must be completed. The construction plan must be reviewed and approved by the Plan Commission and the Town Board. If all is completed it could be on a future agenda.
August 14, 2006
Supervisor Zernicke made a motion to approve the CSM with these conditions: approval of road agreement, review of construction plan, Plan Commission approval and also Board approval. Seconded by Supervisor Wanke, motion carried.
C. Dedicate Julian Drive as a Town Road
Supervisor Wanke made a motion to table this issue, seconded by Supervisor Zernicke, motion carried.
D. Resolution to authorize the fire department tanker truck refinance note:
Chair Hoenisch explained we had a ten year note with a balloon. Peoples Bank is giving us a rate of 5.58 % note. With 48 months remaining saving a year of payments.
Supervisor Wanke made a motion to table until a special meeting to check rates, seconded by Supervisor Zernicke, motion carried.
E. Timeline for fire department bylaws survey-Supervisor Wanke asked Mr. Ohrmundt for his suggestions of a timeline. He said they could complete it in 60 days.
Supervisor Wanke made a motion it be sent out and returned within 60 days, seconded by Supervisor Zernicke, motion carried.
F. Inspection of the Gene Roets property and ongoing litigation of the property located at 5425 County Road K, Wausau. Attorney Frokjer stated he was not the initial attorney on this case. A copy of the complaint was sent to Supervisor Wanke and Supervisor Zernicke and the Board has to make a decision as there is an upcoming trail date.
Attorney Frokjer read the allegations. There are four structures and except for a zoning permit the allegation has not obtained zoning, building or occupancy permits for these structures.
In 1993 Gene Roets and his son, Bryan wanted rezoning a permit, the Town denied the request in part of Mr. Roets refusal of the nature of the business entity. In 1993 the state building inspector and fire inspector inspected the property and during the inspection informed that no fire warden would not be allowed on the property. The Town had a resolution stating the Town personnel could not enter until sheriff arrive.
In April 2000 the zoning administrator inspected and they found s sawmill, a covered shed with lumber storage a large number of junk piles, several vehicles gas storage tank, gasoline pump, and the town had never issued permits.
June 15 2004 another inspection but Mr. Roets would not allow an interior inspection.
Attorney Frokjer stated with the new Board’s attitude and legal council wanted to try to rectify this situation. 101.14 states the fire chief has the right to a property within the town that is not a private dwelling. Case law supports this. Fire inspections are needed. He stated the liability is high by the Town as there have not been fire inspections and any fire would make the Town liable.
Mr. Roets lacks zoning permits. Attorney Frokjer sent a letter on 6/30/2006 requesting a time to inspect the property according to State Statues 804.09 sub 2. The Board wanted to inspect the property. We are beyond the 30 days with no feedback.
August 14, 2006
The lack of cooperation costs the Town money for legal fees. The lack of cooperation is costly. The town’s only recourse is a motion’s hearing which is scheduled at the end of this month. Mr. Roets says he does not have four buildings on his property. If the complaint is in error then Attorney Frokjer suggested to get together with the people we need to and try to rectify this situation. He hopes there is compliance there but the Town needs to have an answer from Mr. Roets.
Mr. Roets said it’s not a zoned commercial. Attorney Frokjer requested a meeting to discuss this matter. Next he asked what you want to see in his buildings. There is not a private dwelling, if it is a commercial property he needs to comply to fire inspections. Mr. Roets said he does not have to answer to Attorney Frokjer.
Attorney Frokjer stated he represents the Town Board and letters sent by Attorney Frokjer is approved by the Board. How easy do you want to make it to the Town.
Chair Hoenisch explained Mr. Binkowski is the fire inspector who would inspect the property.
The Town has a duty to address this inspection for safety’s sake. The allegations basically are running without zoning permits. The Town needs to do diligence.
Supervisor Wanke stated he was inside one of the buildings and he saw a jeep, some wood and it didn’t appear a business is running. One building has a sawmill and a canopy with wood under it.
The Town has to have a way to conduct fire inspections; they are not optional per State Statue. Supervisor Wanke asked Mr. Roets to allow the Board and inspectors to view the property.
Attorney Frokjer would appreciate a commitment from Mr. Roets so he can contact Judge Howard’s Court date and if so Attorney Frokjer can cancel the upcoming court date..
Mr. Roets asked Supervisor Wanke to make a decision for him. Supervisor Wanke requested Mr. Roets allow the inspection. Mr. Roets agreed.
Attorney Frokjer will contact Judge Howard’s office to cancel the court date on Tuesday. The inspectors and Board will coordinate a date and time in the near future for the inspection.
Supervisor Wanke thanked Mr. Roets for his cooperation.
Supervisor Wanke made a motion to approve the bills payable, seconded by Supervisor Zernicke, motion carried.
Supervisor Zernicke made a motion to adjourn the meeting, seconded by Supervisor Wanke motion carried.
The next Board of Supervisors meeting will be September 11, 2006 at 6:30 p.m. for bill pay and the general meeting at 7:30 p.m.
Respectfully submitted and approved on September 11, 2006,
Kimberly A. Freund
Town of Maine Clerk
Last modified: 03/22/07.
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