Chairman Schley called the Town Board meeting to order at 7:30PM with 5 members of the Board and 18 other members of the public present.
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1 TOWN of FOX LAKE Monthly Board Meeting Minutes Monday, December 14, 2015 Town Hall at 7:00PM Chairman Schley called the Town Board meeting to order at 7:30PM with 5 members of the Board and 18 other members of the public present. The Fox Lake Fire Association Meeting is Tuesday, January 12, 2016 at 4:00pm. The Randolph Fire Association Meeting is Wednesday, January 13, 2016 at 7:00pm. The Next Town Board Meeting is Monday, January 11, 2016 at 7:00pm. A motion was made by Babros, seconded by Supervisor Kok, to accept the minutes of the regular Board meeting on November 9, All in favor motion carried. The Treasurer s Report for November 2015 was then presented to the Board by Clerk/Treasurer Zantow: the General Checking account had a balance at the beginning of the month in the amount of $153, with receipts in the amount of $36, and disbursements of $36, for an ending balance in the amount of $153, The LGIPF account had interest receipts of $22.40 with an ending balance of $195, The Tax Savings Account balance remained unchanged at $1, The Municipal Court Savings Account had receipts in the amount of $1, and a transfer to General Checking in the amount of $1, for an ending balance in the amount of $12,183.65, for a total balance of all accounts $362, Supervisor Flemming made a motion, seconded by Supervisor Kok to accept the Treasurer s Report as presented, all in favor motion carried. Under Communications: Chairman Schley presented information received from Dodge County Land Records regarding the Gallenberg property and Oaks Road in the Town of Fox Lake indicting some revised findings per the Land Records office. A copy of these findings was presented to Mr. Roland Gallenberg who was present in the audience and Chairman Schley advised that he follow up the County with any questions. A copy of this correspondence is attached to these minutes retained on file in the Town records. No further material was presented to the public regarding communications. Public Input: First was Jerry Cypert who raised a question citing the handout that was provided per the Government Relations Committee to all members of the audience (a copy of which is attached to these minutes retained on file in the Town records). The handout explained to the public that Board meetings will be conducted in accordance with parliamentary procedure and that public input would generally only be accepted during the Public Input section of the meeting, and if not then upon the mandate of the Chair. Jerry asked Chairman Schley whether or not, if the meeting was indeed conducted in accordance with parliamentary procedure, if the public has a right to raise a point of order or point of information during the regular Board meeting (i.e. outside of the
2 Public Input section) if, for example, it were observed that parliamentary procedure was not adhered to appropriately, etc. Chairman Schley indicated that this matter would be looked into. Next for Public Input was Joan Schmidt who presented her concerns regarding the Wedges Bay mobile home park (see Jonas Trailer Park below) and some possible discrepancies which she has brought to the Board s attention over the course of the past few Board meetings and inquired what progress had been made by the Board in the review of Town Ordinances regarding the matter and also regarding the alleged parking of an RV/camper trailer (with hitch) that is present at the Park. Chairman Schley indicated that this matter would be evaluated further (please also see below). Chairman Schley asked Mrs. Schmidt regarding the condition of the shared culvert at MJ s (Item #13 under Old Business below) and presented options to Mrs. Schmidt regarding this matter as well. Next was Armond Alsteen who criticized the more restrictive manner in which meetings had been conducted over the past few months (see above) regarding handouts to the audience restricting public input, etc. Lastly, Clerk/Treasurer Zantow presented the concerns of a property owner on Howard Drive who indicated that significant potholes existed near the MJ s on the Lake restaurant and also on the hill where Howard Ave. adjoins Howard Drive. Chairman Schley indicated that this matter would be addressed, although there was an issue of access to cold mix this late in the year. Reports: Under Police & Lake Patrol: Chief Officer Gebhardt presented a report for Police Department Activity for November 2015 with a total number of hours worked over a total of 1,663 patrol miles addressing 4 complaints, issuing 2 verbal warnings and 6 citations, providing assistance for 1 accident and assisting local agencies 3 times and local EMS once. Under Committee Reports: Government Relations: Supervisor Flemming reported to the Board that the Fox Lake Inland Lake District has expressed concerns regarding items getting caught in the grinder pumps of the system as a result of irresponsible resident behavior (flushing inappropriate items into the system, such as baby wipes, etc.). Under Roads: Chairman Schley presented information to the Board regarding options available for a possible guardrail on Brave Road. Quotes will be obtained for presentation to the Board and further discussion during a Spring meeting. Supervisor Kok expressed his opinion that future roads projects should be engineered properly so as to avoid additional add-on costs. Chairman Schley will meet with Zoning Administrator Robert Roth, who is an engineer per Supervisor Flemming, onsite in the near future as well to discuss further options. Supervisor
3 Kok has met with Dan of Northeast Asphalt with the goal of establishing an organized comprehensive plan for roads work based upon traffic, usage and other important factors. Chairman Schley then proceeded to discuss Tabled Howard Drive Culvert Motion from 11/09/15 (Item #1 Old Business) requesting the report of Zoning Administrator Robert Roth who proceeded to present his recommendations to the Board. Chairman Schley made a motion, seconded by Supervisor Kok to obtain grates and materials required from the County for placement on the Howard Drive culvert in question with installation cost at no charge per Chairman Schley for completion of said culvert project, all in favor motion carried. Under Waste Disposal & Recycling Committee Clerk/Treasurer Zantow provided a handout entitled Special Notice Regarding Garbage & Recycling Policy for All Eligible Household Units Within the Town of Fox Lake to the Board representing a summary of the current policy for assisting the public receiving their property tax bills this year with the increase in garbage fees as a proactive educational measure, being very similar to a document previously circulated and approved by the Board. This document provides additional clarity regarding the intended policy, which is to allow exemptions for farms with commercial dumpster service only for the property with an actual dumpster on the property. This was originally advised as policy per our vendor. A motion was made per Supervisor Paul, seconded by Supervisor Babros to approve this document for inclusion in the mailing of the property tax bills, three voting in favor and one opposed (Supervisor Flemming opposed), motion carries. Additionally, it was announced per Clerk/Treasurer Zantow that the policy per the vendor is that animal remains are not accepted for roadside garbage collection service and must be brought to the Mayville disposal center where a fee will be assessed for disposal. Under Parks & Lakes: Supervisor Flemming reported that the correct lake measurement gauges have now been obtained for placement on Chief Kuno Trail and the Hwy 33 bridge and that the other gauges have been determined to be correct. Chairman Schley then proceeded to Power Launching (called power loading ) at Town Park (#12 under Old Business) and requested that Mr. Roth present some recommendations regarding this matter to the Board. WI DNR approval is required for this project; per an audience member the present boat launch facility dates to 1994 and original plans will be sought. Several factors have contributed to the difficulty of boaters using the facility including the increased size of boats and debris accumulating in the water near the facility. This matter will be continued to be evaluated. There was nothing to report under Public Safety & Service. Next Chairman Schley directed the meeting to Kyle White- Aquatic Plants Removed from Lake (Item #2 under New Business) and Kyle White who was present in the audience this evening to report the status of his business plans for removal of aquatic weeds in the area. The plan at present is to use a boat-based platform for services and to compost the waste aquatic weeds following removal. An extensive WI DNR permitting process is yet to be completed. Chairman Schley indicated to Mr. White that in general the Board supports his efforts and also requested
4 that Mr. White keep the Board informed regarding developments. At present no letter of recommendation is requested. Under Old Business: Next the meeting proceeded to Salt Billing Process Reviewed: Supervisor Kok reported that Supervisor Paul and himself, along with Kopplin & Kinas and officials from the City of Fox Lake had met to create an updated plan for roads salt moving forward. At present 750T are owned by the Town and currently stored at the Salt Shed facility. Next discussed was Revised Letter to Town Residents Regarding Land User Permits. A draft letter was presented by Zoning Administrator Robert Roth in preference to the document previous provided per the Clerk/Treasurer which was a version of the letter previously issued to the public with minor modifications. Supervisor Paul brought up the issue that the information presented in the various communications to the public ought to be consistent with regards to language and dates cited. No motion was made regarding this matter. Per Clerk/Treasurer Zantow if an electronic copy of this document can be provided by Mr. Roth to the office of the Clerk/Treasurer as soon as possible (i.e. within the next 48 hours) then it will possible to include this item printed on colored paper in a 2-sided format including the item mentioned above under Waste Disposal & Recycling Committee. Under Salt Shed Roof: Supervisor Kok reported that the Salt Shed roof had been patched and recommended that the job for a replacement roof be sought via the sealed bids process. No motion was taken regarding this matter. Under Surveillance Cameras at Town Hall: Chief Officer Terrence Gebhardt was asked to share his findings with the Board following his discussion of the matter with a possible vendor. The current system is analog and supported by Windows XP software and is therefore is antiquated and no longer serviceable, as all new systems operate on more recent software platforms and digital exclusively. A digital upgrade for the current system would be in excess of $5, Additional options exist for installing a single new digital camera for an unknown quantity or an economy option for the placement of an additional analog camera for approximately $500.00, but this does not resolve the issue of the antiquated system. No motion was taken regarding this matter. Under Cell Phones for Board Members: No information was presented to the Board regarding possible plans for additional service, etc. and no action was taken regarding this item by the Board. Under Cleaning Service for Town Hall: Chairman Schley reported that a previous vendor that was contacted was not interested in providing services under the terms discussed at present. However, Clerk/Treasurer Zantow and Deputy Clerk Pufahl indicated that a new supervisor had
5 been contacted at the Burke Correctional Center who may be able to re-instate the previous service now as a result of the staffing change. More information will be provided as available. Under Jonas Trailer Park: at a previous Board meeting Zoning Administrator was requested to assist in the resolution of inconsistencies regarding the Jonas trailer park. Clerk/Treasurer Zantow went ahead, due to being contacted by the public several times regarding the matter, and performed a site visit made his report to the Board: 9 structures which could be defined as mobile homes are currently parked within the Park, with one that may possibly not meet this definition and which may actually be an RV or camper trailer. 9 fire numbers exist on the site, however, they are not organized spatially in a way as to obviously designate each mobile home, which presents a possible issue of public safety. Communication was made with the Town Assessor and Dodge County to make them aware of the inconsistencies with the data per Dodge County Land Records and the fire numbers on the ground. Per advisement per Dodge County the arrangement of the fire numbers in this situation (within a single parcel) is within the jurisdiction of the Town to correct. The recommendations per the Clerk/Treasurer were for the Board to confirm if a possible violation exists with regards to the inclusion of an RV within the mobile home park, and also to contact Dodge County for removal of superfluous fire numbers and lastly to work with the property owner to make the arrangement of fire numbers match more precisely the layout of mobile homes on the site. Chairman Schley requested that this item be tabled for the January meeting and advised that the Board members review the information provided. It was suggested by Supervisor Paul that perhaps corrective measures for the Jonas trailer park also be linked to the possible name change Howard Drive West which is a private road, and therefore the owners of this private road, William & Joan Schmidt, should also be included in the process. Different options, per Chief Officer Gebhardt, could be considered for the numbering system including lot numbers rather than fire numbers, etc. Under Quarry Complaints: per Chairman Schley contact has not been able to be established with the property owner therefore there was nothing to report regarding this matter. Under Brave Road Guardrail: Supervisor Babros opined to the Board that Pleasant Road is in just as bad of condition with regards to steepness of shoulder, etc., as Brave Road (and therefore also as deserving of a guardrail). Chairman Schley indicated that several vendors may be available to advise options for Brave Road that do not involve a guardrail but instead increasing the volume of topsoil placed. Per Supervisor Kok this is a matter that should be evaluated at the upcoming Spring roads review. Damage to Handicapped Pier During Removal: this item was discussed above. Power Launching at Town Park: this item was discussed above. Shared Culvert at MJ s: this item was discussed above.
6 Service Fees for Building Inspector: a motion was made by Supervisor Paul, seconded by Supervisor Babros, to accept the 2016 General Engineering fee schedule (a copy of which is attached to these minutes retained on file in the Town records) and to increase fees collected by the Town for said services, all in favor motion carried. New Business: Under Buoys Report- Order More: A motion was made by Supervisor Paul, seconded by Supervisor Kok, to order 22 buoys to maintain a total of 145 on Fox Lake, four in favor, one opposed (Supervisor Flemming) motion carried. Kyle White- Aquatic Plants: this item was discussed above. Information Distributed- Aerial Manure Spraying: this matter was on the agenda for informational purposes only as information was provided to the Board regarding this matter and it was tabled until the January meeting. Investigation on Updating Ordinances Concerned with CAFO s: no motion was made or action was taken regarding this matter, although the matter was discussed by the Board members present. Supervisor Flemming suggested that the Town Attorney be enlisted to talk to the FLILPARD lawyer to devise strategies for making sure that Town ordinances are up to date in regards to CAFO s within the Town of Fox Lake. Supervisor Paul raised the concerns of stringent restrictions regarding enacting more restrictive legislation regarding CAFO s. Clerk/Treasurer Zantow recommended that the WTA be contacted regarding this matter. Per Supervisor Flemming the FLILPARD attorney has advised that updates be made to Town ordinances regarding this matter. Chairman Schley advised that the process begin with contacting the WTA. Regarding Permitting Designating Town Roads for ATV Routes: no motion was made or action taken regarding this matter. Regarding Revision for Garbage Plan at Town Hall: the Board discussed options for the waste disposal & recycling collection service at Town Hall moving forward including a handout provided by Supervisor Babros regarding some practices in neighboring municipalities. Copies of the 2016 Budget were provided to the Board by Clerk/Treasurer Zantow and a summary was provided on the PowerPoint to the audience. A motion was made by Supervisor Paul, seconded by Supervisor Babros, to adopt the 2016 Budget as presented, all in favor, motion carried. A copy of the election inspectors who had been contacted by the office of the Clerk/Treasurer was provided to the Board, a copy of which is attached to these minutes that is retained on file in the Town records. A motion was made by Supervisor Paul, seconded by Supervisor Kok to approve this list of election inspectors, all in favor, motion carried.
7 An announcement was made by Chairman Schley regarding the upcoming deadline for submitting nomination papers for the Town of Fox Lake 2016 Spring Election including the deadline for filing non-candidacy by 12/26/15, earliest date for circulation of candidacy papers 12/01/15 and the deadline for filing candidacy nomination forms in the office of the Clerk as 01/05/16. Regarding WTA District Meeting: Clerk/Treasurer Zantow presented a copy from the WTA journal indicating the upcoming district meeting dates. Regarding Recension of Ordinance Regarding Elected Officials Salary Specification: no action was taken by the Board regarding this matter. Supervisor Paul pointed out that per the actual wording of the Ordinances the purpose of the wording is merely for documentation purposes, as of November 8, Former Clerk/Treasurer Edwin Benter was present in the audience and provided clarification when asked regarding the intent of mentioning the salary of elected officials in the document and it was indicated that it was for documentation purposes only, as it is widely understood that the elected officials do not establish the salaries for themselves as this is a function of the electors exclusively. Aquatic Weed Removal Jurisdiction: this matter was discussed above. Clerk/Treasurer Zantow provided a copy of the recommendations for the 2015 Budget Adjustment as is conducted at year-end annually, presenting the over- and under-spent accounts requiring adjustment. A motion was made by Supervisor Paul, seconded by Supervisor Kok to adopt the 2015 Budget Adjustment as presented (a copy of which is attached to these minutes as kept on file in the Town records), all in favor, motion carried. Regarding Carlton Schley Garbage & Recycling Services: Supervisor Flemming reported to the Board that the Town Attorney had been contacted regarding this matter and it was advised that the future policy include a notification to the public offering the right to appeal/contest the charges within a definitive time frame; also, it should be clarified which individuals approve/deny requests. Clerk/Treasurer Zantow suggested that perhaps a cost-free way could be found rather than contacting the Town Attorney to obtain helpful policy suggestions, perhaps via open records request. No action was taken by the Board regarding this matter. Regarding Part-Time Employee Position: Supervisor Flemming presented alleged information per the Town Attorney that in the absence of a written contract to the contrary Thomas Wissing is an employee at-will. Supervisor Paul questioned why the Board did not receive this from the Town Attorney directly. A motion was made by Carlton Schley, seconded by Supervisor Flemming to retain Thomas Wissing employed for the performance of Town Work on a monthby-month basis and in the meantime accept applications and perform interviews for interested individuals at a special meeting to be arranged as needed; a vote was called with 2 aye and 2 no with 1 abstaining, motion failed. A motion was made by Supervisor Paul, seconded by Supervisor Babros to hire Thomas Wissing for 1 year (upon his acceptance) from 01/01/16 to
8 01/01/17. A motion was made to amend this motion by Supervisor Paul, seconded by Supervisor Babros, to include a special closed session meeting of the Board to discuss Mr. Wissing s performance and that additionally a job description will be composed by the Board for his position within 90 days. A vote was called with 3 voting aye and 2 no, motion carried. A motion was made by Supervisor Paul, seconded by Supervisor Babros to pay bills, all in favor, motion carried. A motion was made by Supervisor Babros to adjourn. Respectfully submitted, Mason Zantow Town of Fox Lake Clerk/Treasurer
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