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December 8, 2008 Board of Supervisors Meeting

Maine Minutes

December 8, 2008
Board of Supervisors Meeting

Maine Town Hall
6111 N. 44th Avenue
Wausau, WI 54401

The Board of Supervisors of the Town of Maine will hold a regular monthly meeting at the Maine Town Hall on Monday, December 8, 2008. Accounts Payable will be reviewed at 6:00 p.m. with General Business at 7:30 p.m.

Agenda

1. Call to order at 6:00 p.m. � Betty Hoenisch-Chairperson
2. Review Accounts Payable
3. Pledge of Allegiance to the Flag
4. Motion to approve bills payable
5. Clerk�s Report
A. Motion to dispense of the reading of the November 5, 2008, November 6, 2008, November 10, 2008, November 17, 2008 and November 19, 2008 minutes and approval of those minutes.
6. Chairperson�s Report
A. Road Report
7. Supervisor�s Report
8. Treasurer�s Report
9. Zoning Administrator�s Report
10. Other Business:

A. Discussion and possible action to approve N. 44th Avenue cul de sac and road agreement.
B. Discussion and possible action to extend Laredo Lane road agreement and accept as a Town road.
C. Discussion and possible action on Assessor�s Plat survey of fence line.
D. Discussion and possible action to approve new yard waste site at Griffin�s Hillcrest Drive farm.
E. Discussion and possible action to wave or reduce fees for Maple Grove Cemetery.
F. Discussion and possible action to approve People�s State Bank as the lending institution for the 2009 - $200,000.00 road project loan.
G. Discussion and possible action to adopt the 2008 tax levy due in 2009.
H. Discussion and possible action on the 2009 personnel policy for public works employees.
I. Discussion and possible action to set Town Caucus date for January 13, 2009.
J. Report by Supervisor Shore on a coordination land use plan.

11. Open discussion from audience without action by the Town Board
12. The next Board of Supervisor�s Meeting will be January 12, 2009
13. Adjournment

I certify that this agenda was posted at the Red Granite Bar, Richard�s Supper Club, Schmidt�s Bar and the Town Hall 6111 N. 44th Avenue, Wausau, WI on or before December 5, 2008.

Tammi M. Walter
Town of Maine Clerk
December 8, 2008
Board of Supervisor Meeting

Minutes:

Chair Hoenisch called the meeting to order at 6:00 p.m.

The Pledge of Allegiance was recited.

Chair Hoenisch requested a motion to approve bills payable. Supervisor Schult made a motion to approve bills payable, seconded by Supervisor Shore. Motion carried.

Clerk Walter explained she has November 5th, 6th, 10th, 17th and 19th meeting minutes that will need to be approved. Chair Hoenisch asked the Supervisors to make a motion to dispense of the reading of the minutes and make any changes or corrections. Supervisor Shore made a motion to approve the minutes, seconded by Supervisor Schult. Motion carried.

Chairperson�s report:

Chair Hoenisch reported that the road workers have been out plowing and have been using 3M granules, mixed with salt to put on the icy roads.

Chair Hoenisch reported that there was great attendance at the November 19th Budget Public Hearing.

Chair Hoenisch reported that Teske�s have purchased the 6025 Rainbow Drive property. The Teske�s will be working with Rich in the future to obtain a wrecking permit for the home. Chair Hoenisch also explained that the Town received a check for $540.00, which was for reimbursement of legal fees in doing the raze order for this property.

Chair Hoenisch reported that she has gotten a letter from the Marathon County Clerk�s office informing us that they are starting the delinquent tax deed process on 3900 Decator Drive. She was also informed from the County Treasurer that the Town will probably not be recouping any costs from tearing this home down because there is so much owed against this property; such as a lot of back taxes.

Supervisor�s report:

Supervisor Shore explained that her husband found an empty shell casing box in their neighborhood and would like the Town to post the cul de sac at the south end of Bayshore Drive as �shotgun only.� Chair Hoenisch explained to her to check with the DNR because they are the one�s that designate these areas. Attorney Frokjer explained that the rule with the state is that the DNR has authority over the towns on these issues, so she would have to contact the DNR.

Supervisor Schult reported that he had gotten a call about a tree down on Naugart Drive.

Treasurer�s Report: Treasurer Marilyn Grunenwald reported on the Town�s bank accounts ending November 30, 2008:

Money Market Account Balance 10/31/2008 $ 124,680.55
Deposits and Interest $ 62,904.03
Expenses $ 121,233.47
Money Market Account Balance 11/30/2008 $ 66,351.11

Town of Maine Checking Account $ 2,573.78
Certificate of Deposit for Garbage and Recycling
Special Assessment Account $ 9,385.36
Fire Department Petty Cash Checking Account $ 10,643.06
Fire Department Money Market for Memorials
and Special Donations $ 20,084.81
Municipal NOW Account $ 116,690.77

Supervisor Shore made a motion to approve the Treasurer�s report, seconded by Supervisor Schult. Motion carried. Zoning Report for November 2008 � Zoning Administrator Rich Grefe reported that he had issued 2 permits and completed 8 inspections in the month of November.

Other Business:

First item of business was discussion and possible action to approve N. 44th Avenue cul de sac and road agreement. Chair Hoenisch explained that the Board wants to decide where to terminate this road and put a cul de sac.

Attorney Frokjer said that from the Town�s stand point, the Town has to do what�s best for the whole Town and its� taxpayers. He stated that the Town does not want to become a road developer.

Neal Seidler was present and argued his point that he could get people to justify that this was a completed Town road. Mr. Seidler also stated that he had spoken with the County and they felt the road should be continued. Mr. Seidler also went on to explain that when his family purchased the land, the road was already there. He stated that his family never complained about the road and paid taxes in the Town for a lot of years and felt it was the Town�s obligation to continue the road they never finished.

Chair Hoenisch explained that the County doesn�t have jurisdiction to continue this road and the County has not researched this issue like this Town Board has. Chair Hoenisch explained that she has been in contact with the State road aid coordinator in charge of Town roads. The State wide coordinator stated that the State will support any decision the Town makes regarding this un-built portion of N. 44th Avenue.

Attorney Frokjer explained that thousands and thousands of roads were historically laid out years ago, but were never constructed. In 1940 there was a highway order for the un-built section of N. 44th Avenue that was laid out but never built. Attorney Frokjer stated that according to state statutes if the highway order is not completed 4 years from the date it was laid out, the road is automatically not created. Attorney Frokjer explained that himself, the Board and road workers have gone to look at this proposed road many times. He said that this can not be a Town road because the road is not built to Town specifications. There is not the correct required width, not proper ditching, not the Town�s type of surfacing, there are big boulders in the middle of the road and this supposed Town road was gated for 2 years; which means that there is nothing out there that shows this road was built to any kind of Town�s road specs. He explained that the road not being the right width is a huge liability for the Town. Attorney Frokjer said that if the Town doesn�t see anything to reasonably support that the construction of a road was done within the 4 years, then it�s not a town road and the Town won�t have to go thru and vacate.

Attorney Frokjer explained that the Town shouldn�t be put in the position to create a road for only one person to benefit and who wants to divide property and then go to the City.

Chair Hoenisch explained that the DOT has admitted that they are not for sure where they got their measurements for this road and it was their error on the Town receiving aids on this road all these years.

Attorney Frokjer explained that the Town doesn�t want the position of spending hundreds of thousands of dollars to make a town road for private development at the expense of the other taxpayers.

Attorney Frokjer also explained that the DNR doesn�t approve of widening the existing private road at the culvert which has a 13 foot road width at that point. The road width at the culvert can not be widened to town road specifications and is unsafe.

Neal Seidler stated that if the Town discontinues the road at the gate, he will not have access to his land. Attorney Frokjer explained to Neil that he has access to his land from West Wausau Avenue. Attorney Frokjer also went on to explain that Ruben Roehl has offered to give Mr. Seidler an easement to his land, entirely on Mr. Roehl�s land. Attorney Frokjer explained that this would eliminate access issues so Mr. Seidler should work with the Roehl�s.

Supervisor Schult explained that it�s time to put this issue to rest because this issue has been talked to death and the DNR will not approve to widen the culvert over the creek, because there�s no need for it and if that can�t happen, the Town can�t build a road. So because of this, the Town can�t do anything so there�s no reason to keep talking about it.

Attorney Frokjer suggested that a resolution could be done because the Town has done their investigation and has found that the town road is only to that point immediately north of where the old gate was. The resolution should also authorize the Chair to correct the road lengths with the DOT.

Supervisor Schult made a motion that based upon the Town�s investigation, the Town has determined that the town road ends at the point where the hammerhead cul de sac will be created, which is immediately north of the old gate at the end of North 44th Avenue pursuant to the old state statute 80.32 (which is currently state statute 82.19). Supervisor Schult also made the motion to create the hammerhead cul de sac completely within the Town road right-away if possible. Supervisor Shore seconds both of these motions. Motion carried.

Discussion and possible action to extend Laredo Lane road agreement and accept as a Town road.
Chair Hoenisch explained that Laredo Lane has been completed to Town�s specifications, except for paving. Lee Van Der Geest stated that he brought in tonight an irrevocable letter of credit. Supervisor Shore made a motion to modify the road agreement for Laredo Lane which will allow Lee Van Der Geest to complete the paving of that road by the end of the 2009 construction season with the irrevocable letter of credit, and approve the Zoning Administrator to grant occupancy to his new Laredo Lane home. Supervisor Shore also made a motion that the Town will accept Laredo Lane at this time subject to the prior road agreement conditions. Supervisor Schult seconds both of these motions. Motion carried.

Discussion and possible action on Assessor�s Plat survey of fence line. Attorney Frokjer explained that the Town held an onsite meeting with Steve Zahn to look at the fence line that Mr. Zahn is disputing. Attorney Frokjer explained the fence history and that Steve�s father had a meeting with the prior owner of that subdivision and settled on where the line should be. A fence that was put up decades ago is now being challenged due to new surveying methods. Attorney Frokjer explained that another survey following the original plat survey was done and nothing lines up. 52nd Avenue going to the north is not on line with the plat survey, the existing fence line is not on line with that and all the properties are not on line with this as you go south. When you go out there, at some point when they laid this out, the fence line is right on line with 52nd and on line with all the other properties. This would lead you to believe that at some point this was surveyed and all parties came to an agreement based upon this.

Chair Hoenisch explained that Steve Zahn contacted the Town when he purchased some additional farm land. He didn�t like the un-built roads showing up on the map so the Town vacated the roads. When the surveying commenced for the road vacation process, Steve found out that there was a discrepancy between the modern day survey and the old survey of the fence lines on the land his family had farmed for well over a hundred years. On November 17th the Town had an onsite meeting with Steve Zahn and viewed the fence line and discussed the issue with Tom Radenz from REI.

Attorney Frokjer explained that the two land owners involved must come to an agreement and if they can�t then the two parties must make a decision to resolve it. The Town is not the final decider on this issue. The Town can�t tell a party that�s maintained this land for a lot of years and had reached an agreement with their neighbor; prior to the sub division that now you can�t have that land. Attorney Frokjer said it looks like the survey of the fence line is right in line with everything else. The two parties involved must come to a conclusion to make this work.

Chair Hoenisch asked Attorney Frokjer to call Steve Zahn and Gerald Zoltowski to explain that this was a land owner issue and that they must resolve the old surveying problems amongst themselves.

Discussion and possible action to approve new yard waste site at Griffin�s Hillcrest Drive farm. Chair Hoenisch explained that new owners have bought the Erdman property and plan to build homes there, so the Town has to find a new yard waste site. Supervisor Schult made a motion to attentively approve the Griffin�s Hillcrest Drive farm for the yard waste site, seconded by Supervisor Shore. Motion carried.

Discussion and possible action to wave or reduce fees for Maple Grove Cemetery. Chair Hoenisch explained that the cemetery is a non profit organization and they would like to expand Maple Grove Cemetery on Naugart Drive. Supervisor Shore made a motion to waive the CSM and Conditional Use permit fees, seconded by Supervisor Schult. Motion carried.

Discussion and possible action to approve People�s State Bank as the lending institution for the 2009 - $200,000.00 road project loan. Chair Hoenisch explained that People�s had a lower interest rate compared to other banks and have great people to work with. Supervisor Shore made a motion to approve People�s State Bank for the $200,000.00 road project loan, seconded by Supervisor Schult. Motion carried.

Discussion and possible action to adopt the 2008 tax levy due in 2009. Supervisor Schult made a motion to approve $3,946,162.66, seconded by Supervisor Shore. Motion carried.

Discussion and possible action on the 2009 personnel policy for public works employees. Supervisor Shore made a motion to change the personnel policy to: give the road workers a .50 cent an hour
raise for each worker, raise the health care subsidy to $5160.00 per worker and approve a new uniform service, seconded by Supervisor Schult. Motion carried.

Discussion and possible action to set Town Caucus date for January 13, 2009. Supervisor Schult made a motion to set Town Caucus date for January 13, 2009, seconded by Supervisor Shore. Motion carried.

Report by Supervisor Shore on a coordination land use plan.

Open discussion from the audience. No discussion was heard.

Schedule the year end bill approval meeting for December 29, 2008 at 5:00 p.m.

Schedule the next Board of Supervisor Meeting for January 12, 2009 at 6:30 for bill approval and general business at 7:30 p.m.

Motion by Supervisor Shore to adjourn at 9:50 p.m., seconded by Supervisor Schult. Motion carried.

Respectfully submitted and approved on January 12, 2009.

Tammi M. Walter
Town of Maine Clerk

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