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October 13, 2010 Board of Supervisors
TOWN OF GRAFTON
BOARD OF SUPERVISORS MEETING
October 13, 2010 Minutes
I. CALL TO ORDER
1. Chairman Bartel called the meeting to order at 7:00 P.M.
2. Present:
Chairman Lester A. Bartel, Jr.
Supervisor Tom Sykora
Supervisor Steve Schaefer
Supervisor Nancy Rogers
Supervisor Tom Grabow
Town Clerk Jessica Schmidt Town Engineer Kristen Lundeen
Town Planner Amanda Schaefer
Town Attorney Steve Hahn
Plan Commission members present:
Karron Stockwell
Bob Wolf
II. ASSURANCE OF PROPER NOTICE
1. Town Clerk Jessica Schmidt assured the meeting was noticed properly
III. PLEDGE OF ALLEGIANCE TO THE FLAG
IV. ADOPTION OF AGENDA
1. ACTION: Supervisor Grabow moved to accept agenda, seconded by Supervisor Sykora. Motion carried 5-0
V. REVIEW & APPROVE MINUTES
1. ACTION: Supervisor Sykora moved to accept the minutes of the September meeting, seconded by Supervisor Grabow. Motion carried 5-0
VI. PUBLIC HEARINGS
A. Ordinance 2010- 7 Regulating abatement of trash and maintaining abandoned/ foreclosed homes
1. Action-Chairman Bartel opened the public hearing at 7:02 pm
2. Scott Orten of 1572 Indian Hill Dr. stated that it appears that 5 months are going to go by before the Town is able to do anything regarding the nuisance.
3. Attorney Hahn stated that the Town needs to establish vacancy on the premises and it takes time to do this.
4. Mr. Orten also asked who the inspecting officer is that is indicated in this Ordinance. Chairman Bartel explained at this time that would most likely be the Building Inspector, Rick Fellenz.
5. Supervisor Grabow asked attorney Hahn to clarify abatement in this Ordinance. Attorney Hahn explained that this refers to resolving the nuisance issue, if there is an abandoned swimming pool, the Town would go in and contract someone to clean it up and then special charge or place a tax lien on the property.
6. Action-Chairman Bartel closed the public hearing at 7:09 pm
7. Action-Supervisor Grabow moved to approve the Ordinance as presented, seconded by Supervisor Sykora. Motion carried 5-0
B. Ordinance 2010-8 An ordinance amending Title 9 - Land Use Regulation; Chapter 1 – Zoning Of The Code Of Ordinances, Town Of Grafton, Wisconsin
1. Action-Chairman Bartel opened the public hearing at 7:10 pm
2. Steve Wilkinson asked if this asked if this Ordinance indicates owner occupied or rental units. Chairman Bartel explained that the Town does not regulate ownership.
3. Supervisor Rogers asked how big these units are. Chairman Bartel explained that the units are between 600-700 square feet
4. Bob Wolf inspected the site prior to the Plan Commission meeting last week and stated that most of the properties are already converted to living quarters. He inspected the files and found that Conditional Use Permits were issued as far back as the 1990’s. The properties have been well maintained.
5. Matt Kuchis asked if the Town has had any requests for government type housing. Chairman Bartel explained that the Town has not received any requests.
6. Action-Chairman Bartel closed the public hearing at 7:15 pm
7. Action-Supervisor Grabow moved to approve the Ordinance as presented, seconded by Supervisor Sykora. Motion carried 5-0
VII. RESIDENT CORRESPONDENCE – PERSONS WISHING TO BE HEARD
A. No one wished to speak
VIII. OLD BUSINESS
A. Renewal of lease for Toshiba copy machine for a term of 3 years ending December 31, 2013
1. Action-Supervisor Sykora moved to approve the renewal for a 3-year term, seconded by Supervisor Schaefer. Motion carried 5-0
B. Update on Nuisance Violation-Steven Smith-1831 HWY W-tax key# 06-007-13-005.00
1. Supervisor Grabow stated he and Building Inspector Fellenz performed a site visit. There are 6 items remaining, 4 tractors, 1 Jet Ski, and 2 pallets of sheet metal that the property owner stated will be used for his air conditioning unit installation this fall. He stated that the site looks very nice.
2. Action-Supervisor Sykora moved to extend the opportunity to come into compliance to the April 2011 Board of Supervisors meeting, seconded by Supervisor Rogers. Motion carried 5-0
3. Chairman Bartel would like to thank the Smith’s for all of their hard work, they have done an outstanding job at cleaning this site. He also thanked them for their cooperation.
C. Potential Berm Violation-Steven Smith-1831 HWY W-tax key # 06-007-13-005.00
1. Engineer Lundeen did a brief site visit and found that this is county right-of-way, this is not a vision corner, the earth pile is not higher than one or two inches above the road grade, the mound is pretty well vegetated and she does not see a violation at this time.
2. No action taken
D. Update on procedures for action regarding concrete driveways installed in the Town’s Right-of-way
1. Action-Supervisor Grabow moved to table this item until the November meeting, seconded by Supervisor Schaefer. Motion carried 5-0
E. Update on Plan of Reparation-Rich Wieland-Woodland Shores
1. Engineer Lundeen explained that the developer has made progress, however they are now in default of the opportunity to cure as not all items are complete.
2. Action-Supervisor Schaefer moved to extend the opportunity to cure until October 26, 2010 as recommended by staff, seconded by Supervisor Grabow. Motion carried 5-0
F. Presentation of Codified STH 32 Components
1. No action taken
G. Update on landscaping plan-Blue Sky Educational Foundation
1. Planner Schaefer gave a brief overview of the now approved landscaping plan that was submitted by Kathy’s Landscaping.
2. No action taken
H. 2010 Drainage Project Update
1. Green Valley Rd project-we have submitted for the dredging permit, but have been notified that there are additional documents that the DNR would like submitted.
2. Falls Rd-continuing to move forward. Engineering for this project will be completed in 2010 and the project will be bid out in 2011, projected to be awarded March.
3. Edgewater drainage easement-still in negotiations with the property owner are still ongoing.
IX. NEW BUSINESS
A. MLG Waterstone project closeout/request by developer to have Town Complete project with Letter of Credit Funds
1. October 6th MLG submitted a letter requesting the Town draw on the letter of credit and the Town completes the project using their contractor. Engineer Lundeen explained that after discussing this with legal staff, it is the recommendation that if the Town were to draw on the letter of credit, the Town would publically bid the project out as the Town can not fund a private project.
2. MLG also outlined how they would like the punchlist items addressed, including requesting waivers of several punchlist requirements. Engineer Lundeen stated that she does not feel that any of the punchlist items should be waived as the punchlist was designed in regard to the design standards and what was originally approved.
3. Attorney Hahn gave an overview of the draw on the letter of credit.
4. According to MLG, the letter of credit is not sufficient to complete the project closeout procedures.
5. Chairman Bartel explained that the Town can not honor a private contract, once the Town draws on the letter of credit that becomes money of the Town and puts the developer in default of their developer’s agreement and the Town would take over the project and the developer would not be involved any more.
6. Attorney Hahn explained that any work that needs to be done above the cost of the letter of credit would be special assessed to the unsold lots in that development.
7. Action-Supervisor Rogers moved to draw on the letter of credit as the developer is in default and direct staff to prepare the legal documents associated with it, seconded by Supervisor Sykora. Motion carried 5-0
B. Emergency Septic Pumping-Rick’s Pioneer Mobile-direction from Board for legal staff to start citation procedures
1. The Town received a call from the County stating that there were issues with the septic overflowing at the Pioneer Mobile station. Chairman Bartel explained that there were issues with non-payment of bills so the pumper refused to go back. After inspecting the site and confirming that the septic system was overflowing with every flush, Chairman Bartel called WI Sump & Pump to take care of the pumping so the Town can prosecute under the nuisance ordinance.
2. ACTION: Supervisor Sykora moved to instruct legal staff to start citation procedures, seconded by Supervisor Schaefer. Motion carried 5-0
X. TOWN STAFF UPDATES
1. Engineer Lundeen stated that she included in packets an email from the County regarding the status of the road projects. Supervisor Grabow stated that the Town had an agreement that all mowing was going to be done in September. Engineer Lundeen reiterated that the Town did provide deadlines for completion of Town projects as the County requested.
2. Legal bankruptcy notice from Robert Patch who was involved with Heartland Development, but he has paid in full as outlined in the settlement agreement with the Town. No action needs to be taken.
XI. APPOINTMENTS OF COMMITTEES
A. Appointment of Town of Grafton Representative for the Ozaukee County Citizen Advisory Committee for Land Preservation
1. Action-Supervisor Rogers moved to appoint Steve Wilkinson to the committee, seconded by Supervisor Sykora. Motion carried 5-0
XII. REPORTS – FOR INFORMATION, DISCUSSION AND ACTION
A. Chair
1. Town’s pavement credit to be eliminated in the County budget November 2nd at 7:00 pm for those that would like to weigh in on this issue.
B. Supervisors
1. Supervisor Rogers stated that she has not been receiving emails from the Clerk. It was determined that the Clerk did not have Supervisor Rogers’ new email address.
2. Supervisor Grabow asked if the Town is going to be reimbursed for the pavement job on Pleasant Valley Rd. Engineer Lundeen stated that the direction clearly stated to scratch half a lane so that shouldn’t have even been the full lane of the Town’s side. Engineer Lundeen stated that this might be one of the projects the Village completes as a swap with the Town. This item could be discussed at the Ad-hoc meeting on October 28th.
3. Supervisor Schaefer stated that at the last meeting the Board discussed having staff draft text for noxious weeds in the Town’s right of way but it is not on the agenda. Staff did investigate and none of the adjacent municipalities regulate this, but if the Town would like to regulate this it is something staff could draft.
C. Clerk
1. Presented a cost estimate for signage for the Town Hall that includes the new logo.
2. Supervisor Sykora moved to approve the estimate subject to including the tag line “quality life naturally” and not exceeding $550, seconded by Supervisor Schaefer. Motion carried 5-0
3. The Budget workshop is scheduled for November 3, 2010 immediately following the Plan Commission meeting.
4. Town Hall offices will be closing at noon on October 20th for staff training on the new tax program.
5. Ad-hoc meeting is scheduled for October 28th 5:30 at Town Hall
6. Two Election Inspectors went to the County offices to reconcile the poll books.
D. Presentation of Invoices
XIII. MISCELLANEOUS ITEMS DEEMED PERTINENT AS ALLOWED BY LAW
1. None
XIV. CONVENE INTO CLOSED SESSION – PURSUANT TO SECTION §19.85(1) (G), WIS. STATS, TO DISCUSS LEASE RENEWAL TERMS FOR TOWN HALL OFFICES AND MEETING ROOMS AND CONFER WITH THE TOWN’S LEGAL COUNSEL REGARDING LEGAL STRATEGY TO BE CONSIDERED BY THE TOWN BOARD REGARDING POTENTIAL LITIGATION CONCERNING THE DENOW LANDFILL.
1. Action-Supervisor Sykora moved to go into closed session, seconded by Supervisor Grabow. Motion carried 5-0
XV. RETURN TO OPEN SESSION – PURSUANT TO WIS. STATS §19.85 (2) FOR ADDITIONAL DISCUSSION, AND EVALUATION
1. Action-Supervisor Grabow moved to return to open session, seconded by Supervisor Sykora. Motion carried 5-0
XVI. ADJOURN
1. Action –Supervisor Grabow moved to adjourn, seconded by Supervisor Schaefer. Motion carried 5-0
Respectfully Submitted,
Jessica C. Schmidt, Town Clerk
Archive:
April 11, 2012 Board of Supervisors
April 4, 2012 Plan Commission
March 21, 2012 Open Space Commission
March 14, 2012 Board of Supervisors
March 7, 2012 Plan Commission
February 15, 2012 Open Space Commission
February 8, 2012 Board of Supervisors
February 1, 2012 Plan Commission
January 18, 2012 Open Space Commission
January 11, 2012 Board of Supervisors
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