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September 8, 2008 Board of Supervisors Meeting

Maine Minutes

September 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, September 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. Discussion and possible action on the proposed garbage / recycling contract with IROW.
3. Review Accounts Payable
4. Pledge of Allegiance to the Flag
5. Motion to approve bills payable
6. Clerk’s Report
A. Motion to dispense of the reading of the August 11, 2008, August 15, 2008 and September 2, 2008 minutes and approval of those minutes.
7. Chairperson’s Report
A. Road Report
8. Supervisor’s Report
9. Treasurer’s Report
10. Zoning Administrator’s Report
11. Other Business:

A. Discussion and possible action to approve a revised road agreement for Rakow’s proposed extension of Hillcrest Drive.
B. Discussion and possible action regarding approval for Maine Town Hall as Brokaw’s evacuation system / Jeff Weisenberger, Village President.
C. Discussion and possible action on Maine Lion’s Veteran Memorial Monument / Wayne Krueger.
D. Discussion and possible action to approve additional election inspectors for 2008 and 2009.
E. Discussion and possible action on N. 44th Avenue cul de sac and road agreement.

12. Open discussion from audience without action by the Town Board
13. The next Board of Supervisor’s Meeting will be October 13, 2008
14. 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 September 5, 2008.

Tammi M. Walter
Town of Maine Clerk


Any person in need of reasonable accommodation should notify the Town forty-eight (48) hours prior to a meeting. Contact Tammi Walter, Town Clerk, by phone at 675-5607 or in person at the above address.
September 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 Shore made a motion to approve bills payable, seconded by Supervisor Schult. Motion carried.

Clerk Walter explained she has August 11, 2008, August 15, 2008 and September 2, 2008 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. No corrections were made. Supervisor Schult made a motion to approve the minutes, seconded by Supervisor Shore. Motion carried.

Chairperson’s report:

Chair Hoenisch explained she would not give a report due to the lengthy items on the agenda.

Supervisor’s report:

Supervisor Shore reported that she traveled the new roads and they look great.

Supervisor Schult reported that shouldering had started on Rainbow Drive and Brandenburg Avenue.

Treasurer’s Report: Treasurer Marilyn Grunenwald reported on the Town’s bank accounts ending August 31, 2008:

Money Market Account Balance 7/31/2008 $ 99,467.52
Deposits and Interest $ 222,945.04
Expenses $ 81,712.92
Money Market Account Balance 8/31/2008 $ 240,699.64
Town of Maine Checking Account $ 3,875.10
Certificate of Deposit for Garbage and Recycling
Special Assessment Account $ 32,881.67
Fire Department Petty Cash Checking Account $ 1,733.64
Fire Department Money Market for Memorials
and Special Donations $ 21,739.81
Municipal NOW Account $ 116,060.23
Supervisor Shore made a motion to approve the Treasurer’s report, seconded by Supervisor Schult. Motion carried. Zoning Report for July and August 2008 – Zoning Administrator Rich Grefe reported that in the month of August, he issued three permits and completed sixteen inspections. Mr. Grefe reported that he had July’s report done.

Other Business:

First item of business was discussion and possible action to approve a revised road agreement for Rakow’s proposed extension of Hillcrest Drive. Chair Hoenisch explained that a road agreement had been approved at the July Board meeting for the Rakow’s proposed new business park road. A short time later Rakow’s told her they were experiencing problems with road access approval from Marathon County Highway Department so she asked Attorney Frokjer to not draft their agreement until the issue was resolved. Tom Radenz from REI has met with the Highway Commissioner and it appears that the County will now approve the proposed road access. Rakow’s have come back with a small change to the configuration of the proposed road and lot area in their business park. The proposed change allows 100 feet south of the vacant old home to stay with their larger AG parcel to give access to the ponds. The Plan Commission approved the new CSM drafted by REI at their September 2nd meeting. Attorney Frokjer asked if the Town Board would like the same road agreement terms and conditions as approved at the July Board meeting. Supervisor Schult made a motion to approve the new configuration of the Hillcrest Drive extension, seconded by Supervisor Shore. Motion carried. Attorney Frokjer will draft the Rakow’s road agreement.

Discussion and possible action regarding approval for Maine Town Hall as Brokaw’s evacuation system / Jeff Weisenberger, Village President. Clerk Walter reported that President Weisenberger called her today and explained that he was unable to attend the meeting due to a family funeral. This item was tabled until we hear from Jeff Weisenberger.

Discussion and possible action on Maine Lion’s Veteran Memorial Monument / Wayne Krueger. Mr. Krueger was not in attendance. This item was tabled until we hear from Wayne Krueger.

Discussion and possible action to approve additional election inspectors for 2008 and 2009. Supervisor Shore made a motion to approve Kimberly Freund and Greg Janicek as additional election inspectors for 2008 / 2009 elections, seconded by Supervisor Schult. Motion carried.

Discussion and possible action on the N. 44th Avenue cul de sac and road agreement. Chair Hoenisch explained that this road access / termination issue was brought to the Town’s attention when Roehl’s put their property up for sale. We have done a lot of work on this issue, including on site meetings with the Plan Commission, Radant’s, Roehl’s, Seidler’s, Simone Kolbe from the Army Corp of Engineers and Keith Patrick from the Dept. of Natural Resources. She explained that the Plan Commission after their on site meeting recommended that the Town create a cul de sac at the end of the 1478 feet of N. 44th Avenue that is currently maintained as a Town Road. She said it may be difficult to find a solution that will make all parties involved happy. The Town needs to make a decision that is good for all the taxpayers in the Town and we have to be careful that we do not set a bad precedence.

Attorney Frokjer explained that he reviewed information from Mr. Winat at the Department of Transportation, documents from REI and letters from the Radant and Seidler families. He stated that he researched this issue thru Westlaw and shared that information with the Town Board. He said there is a lot of history regarding miles of un-built town roads all over the state. The State Statutes have given Town’s some relief in the determining of how to deal with these situations.

Sue Gantner introduced herself and thanked the Town Board for their work. She stated that the Radant family would like the Town to build N. 44th Avenue to the length that the Town has been receiving state road aids on.

Steve Radant stated that they are concerned that if the road is vacated, the DNR will not give them access across the creek. He felt that the DNR would permit the Town easier than individual land owners.

Supervisor Schult explained that Mr. Patrick from the DNR stated that a road could only be twelve feet wide and could serve properties using a private way. Mr. Patrick has stated that the DNR will allow the current culvert to be maintained.

Neal Seidler introduced himself as the Seidler family representative and presented the Town Board with handouts and gave a history report of his family’s land. Mr. Seidler stated that he wished his father Elmer Seidler had forced the Town to build that road when he purchased the land south of Radant’s and Roehl’s in the late 40’s. He said his father had maintained that road for the Town for many years and the Seidler family objects to the Town vacating that portion of N. 44th Avenue. He felt the Town should build the portion of 44th Avenue to the north edge of their property as intended by the 1940 Highway order. They need the road so they have access for nature people and hunters to access their MFL land. He said a twelve foot wide road would be sufficient for the current usage.

Attorney Frokjer explained that N. 44th Avenue was laid out in 1889; however a portion of that road was never built. If it is not built in four years, the state says that it is discontinued. There was a 1940 Highway order found, however the road was again not built and the area never worked, which means that it is not a Town road.

Attorney Frokjer said that he understands the Seidler family purchased the land in the 40’s and have used the N. 44th Avenue road trail as access to their MFL land. He explained that Seidler’s can designate a six foot wide walking trail into their MFL land and it doesn’t have to be a road. He stated that N. 44th Avenue doesn’t have to be Seidler’s access because Seidler’s can also access their MFL land from West Wausau Avenue. If the south end of N. 44th Avenue is deemed discontinued the Town is not land locking Seidler’s land.

Attorney Frokjer explained that there is no way a Town should build a twelve foot wide single lane road. He explained the activities and behavior issues that develop because of dead end roads. He talked about possible accidents and liability issues for a Town should they decide to build this type of road.

Attorney Frokjer also explained that the Town has never received gas tax to the Seidler land. The Town does not want to build a road and set a precedence of the Town becoming a developer because Town’s should not be developers.

Mr. Seidler continued to argue his interpretation of the laws and the Seidler’s opinion regarding the Town’s responsibility to be sure they have access to their land from N. 44th Avenue.

Supervisor Schult stated that the Army Corp and DNR would not give a permit for extending and widening that road, because it would mean disturbing wet lands for no reason. Supervisor Schult explained that the Town Board was hoping to get cooperation to work this all out, but it gets to the point that condemnation may have to be done in order to get the cul de sac built.

Chair Hoenisch explained that she’s going to do some more fact finding. She needs to wait for her calls from the Department of Transportation to be returned because a decision must be based on all the facts at hand. Chair Hoenisch also stated that it’s great to work with people that open their minds to all the issues and facts that the Town Board must consider.
Tom Radenz from REI was present and explained the cul de sac designs he had given the Town Board.

Discussion and questions followed by the Radant’s and Freund’s regarding the cul de sacs. They were invited to stay after the meeting to review REI’s maps.


Open discussion from the audience. No discussion was heard.

Schedule the next Board of Supervisor Meeting for October 13, 2008 at 6:30 for bill approval and general business at 7:30 p.m.

Motion by Supervisor Shore to adjourn at 9:40 p.m., seconded by Supervisor Schult. Motion carried.


Respectfully submitted and approved on October 13, 2008.

Tammi M. Walter
Town of Maine Clerk


Archive:

August 19, 2009 Board of Supervisors special meeting
August 13, 2009 Board of Supervisors special meeting
August 10, 2009 Board of Supervisors
July 27, 2009 Board of Supervisors special meeting
July 13, 2009 Board of Supervisors
July 6, 2009 Board of Supervisors special meeting
July 6, 2009 Board of Supervisors Special Meeting
June 29, 2009 Board of Supervisors special meeting
June 15, 2009 Board of Supervisors special meeting
June 8, 2009 Board of Supervisors Meeting


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Town of Maine, Marathon County, Wisconsin
6111 N 44th Ave, Wausau, WI 54401
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