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December 12, 2005 Chair Hoenisch called the meeting to order at
December 12, 2005
Minutes:
Chair Hoenisch called the meeting to order at 6:16 p.m.
The Pledge of Allegiance was recited.
Clerk’s Report-Chair Hoenisch asked for a motion to accept November 14, 15 and November 16, 2005 minutes and dispense in the reading of the minutes. Supervisor Zernicke made that motion with spelling corrections, seconded by Supervisor Wanke, Motion carried.
Chairperson’s Report –Chair Hoenisch stated that the Board of Supervisors approved a resolution on November 14, 2005 making the Narlock property uninhabitable and unsafe; that order was posted on November 18 and 24, 2005. Mark Narlock has until January 18, 2006 to rectify the problems or the Town will take the next step in this process. Chair Hoenisch stated that the Brills from Northwest Tool are working with Mark Narlock and an offer has been written and has been accepted. Brills will ask the Plan Commission to use this property as a temporary cold storage until the Plan Commission sets a date for the house to be razed.
Due to some complaints from former tenants of the Courtion property members of the Board and the Marathon County Zoning, Health Department and The Town of Maine Zoning Administrator toured the double wide and inspected the premises. Bob Christensen is compiling a list of repairs to bring the double wide up to code and to also address the junk yard appearance of the white house on the Courtion property.
At the November 14 Board of Supervisors Meeting a resolution was approved allowing Gene Roets an extension of time to allow him to crush the concrete on his property for road base.
The Agriculture Penalty Payments have been instituted by our assessor, Todd Anderson. He has been assessing the agriculture penalty payments and Lorraine Beyersdorf, the County Treasurer, has received complaints about the Agriculture Penalty Tax. This tax will be imposed when there is property being used for agriculture and when you take property out of agriculture and go into residential there is a penalty tax which has to be paid by the owner. Lorraine Beyersdorf is in communication with Donna Seidel, our State Representative, as there is pending state legislation on this tax and whether they will be enforcing it. The Town will have to make a decision whether they want to have Todd Anderson to continue imposing this penalty because at this time some, not all townships are not imposing this tax. At this time the County and the Town shares this penalty payment. More information will follow. Attorney Frokjer suggested gathering more information before making a decision.
Supervisor’s Report- Supervisor Wanke stated that a letter was received from a resident without a name on it stating that the workers are plowing where it isn’t needed. Supervisor Wanke stated that he wished whoever wrote the letter would have signed their name, it’s meaningless at this point. Attorney Frokjer stated that its good policy to
December 12, 2005
receive letters but complaints can remain confidential to the public and the Board could address the issue with a resident confidentally. In the future when residents have complaints the Board will encourage them to sign their names but the correspondence will remain confidential.
Supervisor Zernicke stated he’s had phone calls and they will not give him their name and wished that he would.
Treasurer’s Report-Treasurer Grunenwald gave these figures:
Town of Maine Money Market Account: $ 96,300.75
Deposits and interest: 106,671.82
Expenses: 44,496.40
Money Market Balance: 158,476.17
Town of Maine Checking Account: 3,063.84
Certificate of Deposit: 8,088.28
Town of Maine Fire Dept: 2,415.83
Town of Maine Fire Dept Money Market: 13,781.26
Supervisor Zernicke made a motion to accept the Treasurer’s report, seconded by Supervisor Wanke, Motion Carried.
Chair Hoenisch stated that the Town will have approximately $25,000 coming in yet from the LRIP grant as she has completed the paperwork.
Zoning Administrator’s Report- Bob Christensen arrived at 6:40 p.m. He stated the Stanislawjarzabek’s driveway issue is a problem but it should be rectified in the spring before receiving his occupancy bond back.
Other business:
A. Discussion and possible action to remove the Zoning Compliance Statement from the
Town of Maine Zoning Ordinance. The Plan Commission at their December meeting recommended that the Compliance Statement be removed from the Town of Maine Zoning Ordinance and a resolution has been signed. To date the Town has $15,000.00 invested in the Wanke case. Attorney Frokjer stated that the compliance statement is not authorized by statute and it’s to the Town’s benefit to have it removed. Mike Wanke asked why it was put in the zoning ordinance in the first place. Attorney Frokjer stated that the previous Town Attorney, Attorney Hess, copied the Brookfield zoning ordinances as a sample and they had a compliance statement. Attorney Frokjer stated that he spoke with other attorneys about this situation and he feels taking the compliance statement out is in the best interest of the Town. Attorney Frokjer also spoke with Mike Wanke’s attorney and expressed that this was in the best interest of the Town and what Attorney Frokjer heard back from him was that he doesn’t care what’s in the best interest of the Town, all he cares about is what’s best interest for my client. Chair Hoenisch commented that at a zoning seminar she attended a Lincoln County official stated that they have the zoning compliance in their ordinances and that it is a nightmare waiting to happen, because they are asking the zoning administrator to make a determination on a
December 12, 2005
property without any input from the Plan Commission, Town Board, or possibly other residents effected.
Chair Hoenisch commented that in the Wanke case the compliance statement should have been determined by the zoning administrator and it wasn’t. It was sent to the Plan Commission, from there to the Board of Appeals and then the Town Board was advised by their Attorney to reserve their right to appeal the Board of Appeals decision. The next thing the Town realized was that the Town was suing their own Board of Appeals and the only way to get out of this situation is to let a judge decide it at this time.
Attorney Frokjer explained that coming in as the new Town Attorney and investigating this case he feels it’s in the best interest of the Town to not have a zoning compliance statement in the Town’s ordinances. He also stated he likes and respects the Wankes but must do what he feels is best for the Town. Attorney Frokjer also explained that this a worst case scenario due to the fact that Dennis Wanke is a Supervisor and Mike Wanke is a worker for the Town. The Town Board has not put Mike Wanke’s business out of business, the proposal that was out there was to say come and let’s see what we can do within in the Town and community. The reason to remove the zoning compliance statement is to prevent problems in the future in regards to zoning.
Chair Hoenisch stated that because proper procedures were not followed and at the time Attorney Frokjer became involved with this case the Town had spent $13,000.00 on this case.
Attorney Frokjer commented that an ordinance can be challenged when there are inconsistencies with ordinances not being followed. Mike Wanke stated that that happens in the Town of Maine at present.
Supervisor Wanke stated the reason this case has cost the Town of Maine $13,000.00 is because of the wondrous Attorney, Mr. Hess was the one that said no to Mike Wanke obtaining a conditional use permit and that was no other way Mike could obtain a permit to operate his business.
Supervisor Wanke stated that when this case went before the Board of Appeals the Town should have accepted the Board of Appeals decision regarding the Wanke case. He feels Attorney Hess did not like the decision made by the Board of Appeals so he convinced the supervisors at the time to go to court. What transpired then was the Town of Maine suing the Town of Maine Board of Appeals.
Chair Hoenisch explained to Supervisor Wanke that at the February meeting when the Supervisors were advised by legal counsel to reserve their right to appeal the Board of Appeals decision on the Wanke case, they had no idea that by reserving their right to appeal that the end result would mean that they would be suing their own entity.
Supervisor Wanke stated that the reason he is serving on this Board is to make sure this does not happen to any other town resident. Supervisor Wanke stated that Attorney Hess was previously running this Town and residents were not treated equally.
December 12, 2005
Attorney Frokjer stated that communication is important in situations. He feels that along the way this situation became a power struggle. It does not serve the Town well in this manner or any parties involved.
Chair Hoenisch stated that Mike Wanke and several other business are operating illegally in the Town of Maine, however a committee has been formed to amend our zoning ordinances to work with these business and make them compliant. At previous meetings the Board has offered to waive Mike Wanke’s fee for petitioning for a conditional use once the zoning ordinance is amended because they felt Mike Wanke has been not treated fairly in the past. The Board wants the conditional use to work for these businesses and wants them to run legally. Chair Hoenisch explained that this case cannot be dropped as it would set a precedence and the Town will not set this precedence. All residents need to be treated equally.
Attorney Frokjer stated that he tried to set up a meeting with the Wanke’s attorney, and he said no. Supervisor Wanke asked what do you expect after all that’s transpired. Chair Hoenisch stated that the past is the past and this is a new board with new views and that we’d like to work this situation out.
Discussion followed in regards to Conditional Use permits questioning whether they are permanent with the land.
Supervisor Zernicke made a motion to withdraw the zoning compliance statement from the zoning ordinances of the Town of Maine, Mr. Wanke opposed due to the open Wanke case, Chair Hoenisch seconded it, Motoin carried.
B. Discussion and possible action to approve short term equipment and road improvement loan with People’s State Bank. Chair Hoenisch explained the purpose for the loan. Supervisor Wanke approved the short term equipment/road improvement loan, seconded by Supervisor Zernicke, motion carried. Chair Hoenisch stated she is working the banks to get the best rate of interest for a two year loan.
C. Discussion and possible action to adopt the Town 2006 Town Budget in the amount of $857,816.80. Supervisor Zernicke made a motion to accept the total town tax levy in the amount $857,816.80, seconded by Supervisor Wanke. Motion carried.
D. Discussion and possible action to approve a partial release of George Lonsdorf’s letter of credit. Supervisor Wanke made a motion to approve a partial release of the George Lonsdorf letter of credit in the amount of $22,000.00, seconded by Supervisor Zernicke, motion carried. Chair Hoenisch stated that the road is constructed to code by Janish and will be checked in the spring. The remainder of the money will be released when complete and approved.
December 12, 2005
E. Discussion and possible action to terminate Fire Department Volunteer. Chief Ohrmundt is requesting the Town to terminate a volunteer on the department and require
to return the fire department gear.. Attorney Frokjer suggested that the Fire Chief terminate the firefighter and quoted a state statue regarding a similar situation. He suggested checking the minutes from 1978 to be sure the Town is managed under Chapter 60.65 and who has control of the volunteer fire department. Attorney Frokjer suggested making a decision at this time. Supervisor Zernicke made a motion to terminate the fire department volunteer for reasons violating fire department regulations section 8 Para (q) and i of the Town Maine Dept. bylaws due do to behavior unbecoming of a firefighter and request the fire chief send a letter of termination, seconded by Supervisor Wanke, motion carried. Residents had some concerns regarding the motion and questioned whether possibly the firefighter should be given the benefit of the doubt until his case goes to court.
Amendment to the motion, Supervisor Zernicke made a motion to suspend the fire fighter at this time pending the criminal case, seconded by Supervisor Wanke, motion carried.
Chair Hoenisch thanked the community members for attending and stated that the bills were going to be approved at this time however they were welcome to stay until the meeting was adjourned.
The next Board of Supervisors will be January 9, 2006 with bill approval at 6:30 p.m. and the regular meeting at 7:30 p.m.
The Plan Commission meeting for January is cancelled due to the holiday. The next Plan Commission Meeting will be held on February 6, 2006 at 7:30 p.m.
Chair Hoenisch requested that the Supervisors schedule an end of the year meeting on Wednesday, December 28, 2005 at 8 a.m.
The Supervisors reviewed stamped and approved the bills that were presented.
The Board of Supervisors adjourned at 9:10 p.m.
Respectfully submitted and approved on January 9, 2005,
Kimberly A. Freund
Town of Maine Clerk
Last modified: 03/22/07.
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