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February 12, 2007 Board of Supervisors Meeting
6111 N. 44th Avenue
Wausau, WI 54401
Board of Supervisors Meeting-February 12, 2007
MINTUES:
The meeting was called to order at 6:30 p.m. by Clerk, Kimberly Freund
The Supervisors reviewed the Accounts Payable
Pledge of Allegiance to the Flag was recited
Motion to approve bills payable. Supervisor Wanke made a motion to approve the accounts payable, seconded by Supervisor Zernicke motion carried.
Clerk’s Report
A. Approval of minutes from December 27, 2006, January 8, January 9, 2007
Supervisor Zernicke made a motion to approve the minutes, seconded by Supervisor Wanke motion carried.
Chairperson’s Report- Chair Hoenisch:
She mentioned the road workers have been busy brushing ditches due to lack of snow and plowing.
Supervisor Report- Supervisor Wanke nothing tonight.
Supervisor Zernicke said he received a phone call saying there is too much sand BelAire Drive. The workers have been advised.
Treasurer’s Report-Treasurer Marilyn Grunenwald reported these figures:
Town of Maine Money Market Acct. $887,924.79
Deposits and Interest 1,326,261.07
Expenses 818,228.44
Money Market Balance 1/31/2007 1,395,957.42
Town of Maine Checking Acct 4,205.43
Certificate of Deposit 19,920.03
Town of Maine Fire Dept Petty Cash Acct. 1,889.61
Town of Maine Fire Dept. Money Market 18,491.16
Municipal NOW Account Loan Amount 211,233.28
Supervisor Wanke made a motion to accept treasurers report, seconded by Supervisor Zernicke, motion carried.
Chair Hoenisch introduced Rich Grefe as our new zoning/building administrator.
Mr. Grefe introduced himself. He is from the Lincoln County area and attended University
Of Wisconsin, Eau Claire and graduated with a marketing degree. He worked in the construction business and proceeded to learn building and zoning regulations.
He reported this past month has completed three building inspections and one zoning inspection.
Other Business:
A. Discussion and possible action on the amendment to the Van Der Geest road development agreement. This was discussed on the Plan Commission Meeting and the Plan Commission does approve of the road agreement. Lee VanderGeest asked to table this issue until the next meeting. Supervisor Wanke made a motion to table this issue , seconded by Supervisor Zernicke, motion carried.
B. Discussion and possible action on the 2007 Ambulance Service Agreement with the City of Wausau in the amount of $51,782.47. Chair Hoenisch explained this was a decrease in the amount $120.00. A resident asked if an ambulance came to his house is he responsible for the bill. Chair Hoenisch explained a resident’s insurance company usually covers all or a portion of an ambulance bill. Supervisor Zernicke made a motion to accept the ambulance service agreement, seconded by Supervisor Wanke, motion carried.
C. Discussion and possible action to purchase a new garage door opener with remotes for the Public Works Building. Remotes help save on heating costs. Supervisor Wanke made a motion to approve a new remote at the cost of $700.00 from American Door Company, seconded by Supervisor Zernicke, motion carried. This was the lowest bid.
D. Discussion and possible action on the Village of Brokaw water line from the City of Wausau. Chair Hoenisch thanked the residents for being involved in this future decision. There was activity indicating the City of Wausau might annex to the Town of Maine. The Board requested Attorney Frokjer to write a letter to Brokaw requesting plans and proposed contract with Wausau.
In late January there was an ad in the Daily Herald to notice a public hearing in Brokaw on February 13, 2007. Brokaw is petitioning for a USDA Development Grant to fund the waterline they are requesting to run through the Town of Maine.
Chair Hoenisch and Attorney Frokjer met with the engineering firm in great length on February 8, 2007.
The Concerned Citizen Committee of the Town of Maine called all possible effective residents to attend tonight’s meeting.
Attorney Frokjer showed on the map the proposed planned pipeline route. Chair Hoenisch explained a 12 inch water main line with seven feet of cover. They will start on 20th Avenue on the west side of 20th Avenue with a hydrant at the corner of 20th and Lower Circle. They will follow Lower Circle to Decator Drive (which they will bore under)
To the north side of Decator and the line will run west on Decator to north on Highway K, east side. Just south of Emery Drive There will be another hydrant at this location. Next they will bore under Emery Drive and continue down K. They will bore under 32nd Avenue to the west side of 32nd Avenue due to fiber optic cables. They will do an open cut across Elk Drive. An open cut at Falcon Drive, at Flagstone (entrance to Village of Brokaw). They stated they will repair driveways and repair roads. A booster station is needed which the City of Wausau will be paying for half of this cost. They are stating at this time the sewer will not be buried.
Chair Hoenisch explained the options:
The Town could just say no. But Brokaw stated said they have an option of routing the pipeline all on Highway K and that involves Rosemurgy’s land and they are not cooperating at this time.
We could allow the waterline with terms such as getting a clause in the contract with a moratorium on annexation or taxation variables. The City of Wausau and Brokaw are stating this should not create any annexation this is strictly a waterline to Brokaw.
Option 3 is wait until after the Brokaw public hearing tomorrow and try to negotiate with Brokaw further. If they are going for a rural development grant, which is taxpayer money, they could use this to upgrade their own system and stay self sufficient which would be better for the Town of Maine. An engineer stated 1.7 million will be needed to build this waterline to Wausau. It is also 1.7 million to drill a new well and filtration plant.
The Mill is not cooperating with Brokaw and is denying contamination of one of the wells Brokaw needs. Due to the power plant closing they have two industrial wells available that could be used for municipal water but they still need a filtration plant.
In Chair Hoenisch’s opinion with the meetings with Brokaw she and Attorney Frokjer have several suggestions that would be in the Town’s best interest and best interest for Brokaw in time. We are trying to be neighborly however we do not want something that will be detrimental to us long term. The Town of Maine is concerned.
Attorney Frokjer explained a similar situation on 94/90 by hwy. 151 in the Town of Burk. The Town of Burk was divided into two by the City of Madison. They signed an agreement stating 20 years later there will no longer be a Town of Burk. Our situation could be similar.
If the Town of Maine loses 1/3 of their tax base the remaining tax payers will have to compensate. Attorney Frokjer asked for questions or comments from the taxpayers. The Public Meeting is set for tomorrow(Tuesday, February 13, 2007).
Attorney Frokjer stated the of City of Wausau and Brokaw have already discussed the lines and annexation. North of the line will be Brokaw and south of the line will be City of Wausau. Attorney Froker’s stated there are factors in the agreement stating this is only a water main they clearly have intentions that this will promote annexation.
Chair Hoenisch stated in the Land Use Plan of the City of Wausau shows where the City of Wausau would like to annex. 4590 acres is what the City wants to annex from the Town of Maine. This information is available on their website.
Attorney Frokjer asked the residents to visualize standing at Marathon Park and look kitty corner, that use to be the Town of Maine, across from that was the Town of Stettin.
Attorney Frokjer stated what’s on the agreement with the City and Village is the City of Wausau does not have to give water to the Village of Brokaw if the City has needs for the water some place else. This is a 20 year contract and at the termination of this contract either side can terminate. This could lead to Brokaw losing it’s bargaining position.
Tad Schult stated we have to realize we’ve been fighting to get half of 32nd Avenue paved that Brokaw owns and Brokaw hasn’t been able to pay that yet. They can’t manage their debt now how will they pay for repair of our roads? The contract binds them to repair roads.
Gus Gebhardt, a resident asked in order for the City to annex do residents have to request annexation? Attorney Frokjer stated this is just one way for annexation to occur. There are different ways for a City to make this happen even against opposing residents.
Unanimous vs. Non anonymous annexation according to State Statues. The percentage of evaluation or the number of people can be used.
Judy Bayba asked if the City of Wausau would have unilateral access rights. Attorney Frokjer explained the Legislature sets the statues and the Legislature is dominated by Urban interests and Urban Legislatures. The League of Municipalities comes in and the legislators vote what their constituents want and the constituents are increasing urban and not rural. As a rural resident it is becoming increasing difficult to stay this way.
Dan Brandenburg asked what if we say no. Attorney Frokjer stated there are State Statues 60.52 if the Towns say not that’s the end of it. State Statue 86.16 says a village or a city is denied a utility along a right of way they can ask the office of administration to grant them permission and their decision if final. But generally it would tie it up in Courts and the Legislative has been more pro City than Pro Towns.
Tom Gerum asked if the water line were to cut across K would it make their costs less. Can they follow K, which is the County right of way. Attorney Froker stated if the right of way is owned by the County the County would more than likely go along with the annexation.
Eldon Schultz asked if Emery Drive is the dividing line? Attorney Froker said yes it is. The Village could not sell water to a Town of Maine property owner.
Attorney Frokjer said we asked for their agreement and we didn’t receive anything until Friday, February 9.
Matt Brill asked if at tonight’s meeting we state whether we want to stay in the Town or annex to the City of Wausau? Do we have choices at this point.
Attorney Frokjer explained this was an informational meeting to make residents aware.
The Town will have to make a decision about their request for permission and the Board wanted impute from the residents before giving an answer.
Chair Hoenisch stated the committee members that called the residents to attend tonight ‘s meeting and they don’t support the annexation as it will allow the City to complete their future plans. She felt it was important to have residents here tonight to help in aiding the Board in a decision to what to do for the Town, what’s best for the Town of Maine. This is a tax payer’s grant that will be spent and not spent well in the Town of Maine.
Chair Hoenisch explained Dave Obey gave Brokaw a million dollar grant to revitalize the Village of Brokaw. The DNR has set deadlines to meet this well completion.
John Ohrmundt stated the DNR by law must have two water sources for the Village. They only have one water source now. The state demands two water sources. They have tested for wells in the area but to no avail. They have a deadline to meet. They shut down the pulp mill to save the bad well from contamination the only good well.
Attorney Frokjer stated the easy way out is for the Village to join the City. The Village’s finances are drained.
John Ohrmundt mentioned if they go with their own well they must implement a water infiltration system also.
Chair Hoenisch stated that Wausau Papers is supposed to pay for part of this waterline and Wausau Papers has gone to the DNR and the DNR has changed their minds and these industrial wells can be used now for water for their secondary water source provided they go thru a treatment system. Chair Hoenisch stated to Village President, Mr. Weisenburger, at the meeting to put in the water treatment plant. He said long term they are better off going to Wausau.
Bob Pound asked if there has been any consideration of a joint district between Brokaw and the Town of Maine. Chair Hoenisch stated the Village Board will not discuss this option.
Chair Hoenish contacted Dave Obey’s office. Every option was laid out at this meeting.
His office felt the only viable option was to go to the City of Wausau.
The DNR has extended the Village’s time to show reasonable effort in the past. Attorney Frokjer stated he feels this situation will be detrimental to both the Town of Maine and Village of Brokaw and both entities should do what they can to prevent this from happening. Attorney Frokjer answered a question annexation between the two of us. He stated Towns cannot annex Villages due to state statues.
Sue Shore asked are there some illegalities that are happening here that we can work with? If there’s something the Town can accomplish with the Village, would be the best. What can we do here tonight? Can we sign petitions. Chair Hoenisch stated there are petitions in the kitchen to sign tonight and to attend tomorrow’s night public hearing. The petition will request the USDA to look at denying a grant for the use of getting the waterline from Wausau but support a grant for supporting their own. I
Attorney Frokjer stated that Bob Pounds idea is a good one. But it takes two parties to agree. He feels the immediate Band-Aid for Brokaw is to run to the City. But long term it will detrimental.
John Marquardt mentioned the Town of Maine School has bad septic and water issues and would be they be interested in the connection. The school is owned by the City of Wausau.
Jack Sittler asked what is the cost of repairing roads fixed after work is done? Also the way you talk it sounds like a done deal. Can we do something for Brokaw.
Attorney Froker suggested if we could offer Brokaw options it would be beneficial to the Town . Attorney Frokjer stated when we’ve met with Brokaw they didn’t get the impression they want any options.
Dick Thorson stated annexing to the City of Wausau is a quick fix for Brokaw. How about running the pipe along the highway.
Attorney Frokjer stated they say there’s too much rock along the highway and the costs would be too high.
Judy Bayba stated if we go to the public hearing and we don’t support the annexation they might have to look at other cost effective ways.
Clerk Freund asked what would happen to the millions of indebetness that Brokaw has now if annexed to the City of Wausau.
Attorney Frokjer stated he’s not positive the City has take over their debt. Good question.
Dick Thorson stated the Mill should be involved in this matter. Attorney Frokjer is to understand the mill has stepped to the plate. The Village, to his knowledge, has not commenced any action against the mill. But this is a potential that’s there. How about putting a new water tower with a new well or two north of the City.
John Gebert: 1/3 of the tax base be effected and be taken away from the Town of Maine? How much land value is that? Attorney Frokjer and Chair Hoenisch stated about approximately 10% land value.
Dawn Detert asked how many families would be effected? 137 people responded Attorney Frokjer including children. Can we annex Brokaw. The state Statues say no.
Jack Sittler asked if the mill how long the mill will be open.
Attorney Frokjer said the mill has been operating without a contract; they closed the yard down. He asked Brokaw at the meeting what will happen if the mill closes. There was no response.
Duane Klienschmidt what would be the reasonable number of years for a moratorium on an annexation? Is 20 a reasonable number, Attorney Frokjer said no, maybe five years.
Paul Shore asked if 3M is the largest land holder and could they help us?
Attorney Frokjer stated they like being a Town as they save tax dollars and easier access to local government.
Dave Koehler asked if they extend an invitation to the Brokaw. Chair Hoenisch stated no there wasn’t time. They will hear these comments tomorrow night.
Attorney Frokjer stated Chair Hoenisch had requested information from Brokaw several times with no responses back to her.
Mr. Branendberg asked what can we determine tonight to voice our opinion tomorrow night.
Attorney Frokjer said we will state concerns and possible options for Brokaw tomorrow night at the public hearing.
Duane Kleinschmidt asked if is there an advantage to a motion from the Supervisors tonight. Attorney said that would be fine but it will be non-binding.
Paul Shore made a motion to request Chair Hoenisch and Attorney Frokjer to present concerns on behalf of the residents of the town of Maine, to try to work with Brokaw and look for options to work with Brokaw to find a solution and oppose the water main from the City of Wausau, Dr. Deffner seconds the motion. This is nonbinding, no legal authority.
The Town Residents responded with yeahs indicating widespread support, motion carried.
Tom Cortright-Could Town of Maine, Wausau and Texas join together and dissolve Village of Brokaw. Is this possible.
Attorney Frokjer said towns have gotten together and have successfully put up their own well and septic to stop annexation from a city. This takes a lot of planning. Options take time. Brokaw has a deadline by the DNR by June 1, 2008.
Tad Schult asked if 3M could be involved. Chair Hoenisch will call them tomorrow.
Will it help if we all turned out to the meeting tomorrow night? Chair Hoenisch stated yes it would.
Chair Hoenisch asked residents to sign petitions before they leave tonight.
MaryJo Tilton asked if 20 years from now Brokaw will still be in debt?
Chair Hoenisch stated we will find out more tomorrow night at the public hearing.
Matt Brill asked if Brokaw could file bankruptcy? Attorney Frokjer stated if the mill goes under they will more than likely pay for their own indebtedness.
Mr. Gwidt asked if Brokaw would be interested in wells off Falcon owned by 3M; there are three wells. Chair Hoenisch stated Brokaw isn’t responsive.
Mrs. Tilton- Would residents north of Emery Drive be residents of Brokaw? Attorney Frokjer stated it is possible for one resident to petition to annex to the City of Wausau and you could be included in that annexation if they have enough tax base to do so.
Supervisor Zernicke made a motion to table a motion in regards to Brokaw, seconded by Supervisor Wanke, motion carried.
The next Board of Supervisor’s Meeting will be March 12, 2007
Supervisor Wanke made a motion to adjourn at 9:23 p.m., seconded by Supervisor Zernicke, motion carried.
Respectfully submitted and approved on March 12, 2007.
Kimberly A. Freund
Town of Maine Clerk
Last modified: 03/22/07.
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