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A Town of Sheboygan Town Board meeting was held on Tuesday, September 15, 2009 in open session at the Town of Sheboygan Town Hall, 1512 No. 40^th Street, Sheboygan, Wisconsin 53081, Sheboygan County, Wisconsin.

UPON MOTIONS DULY MADE AND SECONDED, THE FOLLOWING RESOLUTIONS WERE ADOPTED UNANIMOUSLY BY THE TOWN OF SHEBOYGAN TOWN BOARD IN OPEN SESSION

2. Agenda-Motion Wagner, second Schwinn to approve the Town of Sheboygan Town Board agenda for September 15, 2009. Motion carried.

3. Minutes-Motion Gumm, second Wagner to approve the Town of Sheboygan Town Board minutes of August 18, 2009 as presented. Motion carried.

4. Conditional Use Permit application of TLC Homes/Tim Frey re: 1340-1342 No. 49^th Street and 906-908 Page Court-Atty. Bauer explained that public hearings were held at the Plan Commission and the Plan Commission recommended approving the Conditional Use Permit with conditions. Bauer stated there was a lot of community concern that this is a business in their neighborhood. Bauer stated he explained the fair housing law and the Americans with Disability Act, which allows this type of use and employees to assist these individuals. There are two existing facilities in the Town. Neighbors are generally upset and there is little the Town could do. Public health and safety are concerns of the Town and thus the restriction regarding parking was set as a condition. Most neighbors were offended that the remodeling was started without the conditional permit approval and neighbors are upset with the developer himself. The only business is the accommodation to assist the residents. Motion Schwinn, second Schneider to approve the conditional use permit for TLC Homes/Tim Frey to allow the operation of an adult family home that serves developmentally disabled adults that may or may not have accessibility limitations at 1340-1342 No. 49^th Street and 906-908 Page Court and to provide accessible living for developmentally disabled adults in a community setting with the following conditions;

1) The Conditional Use Permit is non-transferrable and Tim Frey must retain ownership of 50% or more of TLC Homes, Inc.;

2) TLC Homes, Inc., including Tim Frey have agreed not to purchase or develop additional property in Still Meadows Subdivision for the operation of a community based residential facility;

4) The Conditional Use Permit is approved upon the successful purchase of 1340-1342 No. 49^th Street and 906-908 Page Court by TLC Homes, Inc. or Tim Frey;

5) In order to maintain the residential neighborhood character, no additional community based residential facilities or similar group homes shall be approved in the Still Meadows Subdivision;

6) The home at 1340-1342 No. 49^th Street can have no more than 4 residents occupying the home;

7) The home at 906-908 Page Court can have no more than 4 residents occupying the home.

a) Status of property at 4338 White Oak Lane-Constable VanDerPuy explained that he talked to Mr. Kramer regarding complaints of unlicensed vehicles and there are none on the property. He then talked to Kramer about a dog that is not licensed and an unpaid parking ticket and he was reminded of these two outstanding items. VanDerPuy stated that all the people he had contact with on the property were very rude. VanDerPuy stated he warned the residents not to park in the Town right-of-way and provided the parking ordinance to them. The parking ticket fine doubles if not paid within 10 days. Blashka stated that if parking tickets fail to be paid there is a process to send letters and if there is no action and the time limit has expired an application can be submitted to the State with a fee and the State will suspend the registration on their vehicles until the tickets are paid and the Sheriff’s Department is then also notified. The Town Board felt if the Town is issuing tickets they should be following through. Blashka will forward the information he has regarding processing unpaid parking tickets to legal counsel and this will be placed on the next agenda.

b) Noxious weed notices-VanDerPuy wrote letters to residents on Greendale Road regarding noxious weeds. There has been no response. VanDerPuy will continue follow-up. VanDerPuy stated he is also dealing with an issue at 4225 Superior Avenue regarding an unlicensed dog, zoning issues and unkempt property. This will be placed on the next agenda.

6. Tax Collection Agreement with Sheboygan County-Motion Schwinn, second Gumm to approve the Tax Collection Agreement with Sheboygan County for the collection of 2009 taxes payable in 2010. Motion carried.

7. Status of Property at 1115 Greendale Road-Atty. Bauer reported that there has been an issue with getting the property re-inspected by the building inspector. Bauer stated that if the property owner refuses to let the inspector on the property then the Town can get an inspection warrant and issue an order to raze the garage. This item will be placed on the next agenda.

8. Status of property at 924 Eisner Avenue-Blashka reported the property has been demolished however some items are in a storage container at the recycling center. A letter was sent to the owner stating that if items are not picked up by tonight then the Town Board could dispose of these items. Blashka stated there is an ATV, riding lawn mowers, push lawn mowers, floor jacks, and lots of clothes, books and VCR tapes with no value. There is also a snowmobile, boat and truck still on site. The vehicles on site are not believed to be licensed. It was suggested that the Town obtain an estimate from Thomson Marine regarding the boat. Any items sold will be used to offset the cost to raze the property. Bauer stated the process would be to send a bill to the property owner and if the bill is not those charges should go on the tax bill. The Town does not have the actual titles for the vehicles. Blashka will contact the WDMV and the WDNR regarding titles. Atty. Bauer will ask the judge to approve all costs and then a letter will be sent to the property owner and if not paid they will be placed on the tax roll. VanDerPuy asked for Blashka to ID the vehicles and notify property owners to remove the items. Blashka will provide information to VanDerPuy and will check registrations. Neighbors thanked the Town Board, staff, attorney and constable. Neighbors asked about the taxes from last year not yet paid and what the process is. Bauer explained the Sheboygan County process that 3 years of unpaid taxes occur before the sale is initiated by the County. Three neighbors who were present thanked the Town Board for accomplishing this task and the effort and speed they worked on this project and they are pleased with how business is conducted.

9. Eisner Avenue Participation Agreement-Atty. Bauer reviewed the agreement with the City attorney and the two items the City wants to include are:

1) Payment is due to the City, but in any event not later than 1-21-2013 (this phrase would mean the first installment would be due by January 2013 regardless of whether the residents are assessed or not). The Town Board stated they will pay at the same time as City residents are required to pay or possibly the first payment by March 2013, not sooner, provided the complete project is finished.

2) Paragraph 6-The City agrees with this paragraph; however the City removed the hold harmless clause as they do not agree with this line as the State is responsible for this project, not the City. The Town Board felt this must be remain as it is not our project, we have no say so in the design or construction, and we are only a paying party. Atty. Bauer will notify the City of the above points. No action was taken by the Town Board. This item will be placed on the next agenda.

10. Ordinance Amendment to Section 5.12 re: Sexual Offender Residency-The change to the ordinance adds that a residence must be established 2 years prior to when the designated offender establishes residence at that location. Motion Gumm, second Wagner to approve the ordinance amendment to Section 5.12 (3)(e) Exceptions, of the Municipal Code of the Town of Sheboygan, Sheboygan County, establishing Sexual Offender Residency Restrictions. Motion carried.

11. Refinancing of Green Meadows Subdivision Development Loan-Atty. Bauer stated that he contacted Michael Schutte’s attorney but he has not responded. The Board felt this issue was now in Schutte’s hands and we do not have to place this on future agenda’s until we hear from him.

12. Ordinance amendment re: issuance of municipal issued permits for discharging dangerous weapons-Two amendments are proposed regarding enforcement authority of the Town Constable and the second amendment proposed regarding the regulation of firearms and bows & arrows and the issuance of permits. Forms to be completed by the hunters and for property owners to sign will be available at the Town Hall this week. The Constable (with assistance of the Sheriff’s Department) will issue warnings for the first violations. Motion Wagner, second Schwinn to approve the Ordinance Repealing and Recreating Section 5.10, Regulation of Firearms and Bows and Arrows of the Municipal Code of the Town of Sheboygan, Sheboygan County regarding issuance of permits, with the gun permits on fluorescent orange and the bow & arrow permits on fluorescent green cardstock. Motion carried. Motion Schwinn, second Wagner to approve an Ordinance amending Section 2.05(2)(b) of the Town of Sheboygan Municipal Code Regarding the Enforcement by the Town Constable(s). Motion carried.

The ordinance will be published in the newsletter, copies provided to constables for distribution and a copy sent to Jim Baumgart for possible publication in the next Shoreline Chronicle.

13. Status of paving, parking and driveways on properties in Town Business Park-Blashka stated that Butzen contacted him and informed him that he has contacted a landscaper and he will put the gravel driveway area back to grass. A letter was received from JJ Trucking regarding 3633 Enterprise Drive. Blashka stated this has come up before and most businesses in other communities also have parking lots paved where semi’s travel. The Board felt that the intent was to make sure that pavement was visible from the road and this is a corner property. The Board felt that the entire lot should be paved. Motion Gumm, second Wagner to have legal counsel send a letter indicating that the Town Board acknowledges the letter of September 14, 2009 from JJ Trucking, denying the waiver request and directing the property owner to bring the property into compliance. Motion carried. The building listed as Auto Magic is for sale/in foreclosure. A note will be placed in the file so when a title search is done they will be notified that this property is not in compliance and must be brought up to compliance with the requirements in the Business Park.

14. Ordinance amendment re: parking restrictions on Woodland Road-Motion Gumm, second Wagner to approve the Ordinance Amending Section 5.07 of the Town of Sheboygan Municipal Code Regulating Parking on Town Roads in reference to parking restrictions on the east side of Woodland Road, north of Superior Avenue and south of Woodland Meadows Drive. Motion carried.

15. Draft Department of Public Works Ordinance re: drainage/road improvements/sump pumps, etc.- The ordinance is still being worked on and this will be placed on the next agenda.

a) DPW Open House-This will be put on the agenda for February planning for a spring open house.

b) Country Meadows Drive drainage issues-Larry Gordon provided the only estimate. Blashka will get another price from Wagner Excavating and this will be put on next agenda.

c) Software quote from Eagle Technologies & inventory update-Blashka stated that if the Sanitary Districts do not participate then Eagle can eliminate 2 users which will reduce the price to $9,031 for the first year and year 2 and 3 would be $1,520 per year. Spreadsheets of information entered into Excel by Erin and Bill were reviewed. Blashka stated this will take work and commitment to get started but if the Town does it and the Sanitary Districts want to use it later they can buy into it at that time. Blashka stated he feels it would be a great tool; however the Town does not have the funds to purchase the program at this time. This will be placed on the next agenda to see if the budget will allow the possible purchase.

d) Resolution re: Final paving of Windward Court-Blashka stated that there is a concern about assessing the property owners as there are only 3 owners of record and one of the properties (Menards parcel) is a wetland and they would receive no benefit from having the road paved. Bauer stated that the Town must have a preliminary special assessment resolution and then send preliminary assessments to the property owners and have a public hearing at a Town Board meeting. The Town can use Town funds to pay for the project. Another option would be to assess the properties and require that they pay their portion in full by 1-31-2010 or pay the increase in estimate based on prevailing wage rates for 2010 work with the bill due by 1-31-2011. This assessment is for the topcoat of asphalt only. The Town Board felt that the Town should send a letter to the property owners indicating that the second coat is not done and will be done by next year and the current cost estimate so they can plan on these expenses. The Manitou Girl Scouts and Windward Cove will be put on notice with the letter; Menards will not be sent the letter because they will be exempt from the assessment due to the wetlands.

e) Crack filling & seal coating of Firehouse and Park parking lots-Blashka called several places for estimates and received only one reply from Fahrner Asphalt Sealing who submitted quote of $7,934 for crack filling, sealing and striping. Motion Schwinn, second Schneider to use Fahrner Asphalt Sealing for crack filling, sealing and striping of the Firehouse parking lot and Parks parking lots at a cost not to exceed $7,934. Motion carried. Hein stated that he talked to Gottsacker about lights in the old Country Kitchen parking lot that possibly could be used for additional lighting at the firehouse. Gottsacker will get back in touch with Hein.

f) Damaged storm sewer at 4422 White Oak Lane-Blashka stated that the resident stated that their driveway was damaged by a sanitary sewer. Blashka stated that upon investigation the pipe in the area of question is a storm sewer pipe. Blashka stated that all storm sewer and sanitary sewer pipes were installed in 1994, including all manholes. In December of 2000 a contractor took out permit to build the home and chose to put the driveway over the manholes (one sanitary sewer manhole and one storm sewer manhole). The manholes did not move, they are in the right-of-way and the concrete settled, not the manholes. Motion Wagner, second Schneider to contact the property owner by letter and phone call informing them that the manholes are in the right-of-way and that the contractor chose that location, but that the storm sewer and sanitary sewer manholes were in the right-of-way prior to construction of the home and driveway and the driveway was built around the manholes, and that the Town has no responsibility regarding driveway damage. Motion carried.

17. Status of sale of Town land on Vanguard Drive-One request for information was received and a parcel map was mailed to the requestor. This will be placed on the next agenda.

18. Contract for ordering new fire truck/update on donation drive & funding options-Atty. Bauer explained his contract review and recommended changes and Pierce agreed to the changes. Motion Wagner, second Schwinn to approve the contract for the new fire truck with Pierce Manufacturing, Inc. subject to the addition of “subject to customer approval” in paragraph 5, which was verbally agreed to by Pierce, and authorize the Town Chairman’s signature on the purchase agreement. Motion carried.

19. Resolution & documents re: State of WI Loan to purchase fire truck-Motion Schwinn, second Wagner to approve the resolution and loan documents authorizing the borrowing of up to $500,000 from the State of Wisconsin for the purchase of a new fire truck from Pierce Manufacturing, Inc. Motion carried.

20. Final Enterprise Drive Assessments (road, water, sewer)-Final assessments for Enterprise Drive involving Dr. Kellner, Sheboygan Flooring, Sheboygan Area Credit Union, and the Town were provided. The Town’s portion of the cost is $66,136 for the Town’s land. Motion Schneider, second Wagner to request that Sanitary District #2 & Sanitary District #3 defer the Town portion of the assessment until the Town land is sold. Motion carried.

21. Review of Utility Bills-The Clerk reported that review of the fire department phone bills from AT&T found that the regular and long distance accounts could be combined and a plan was available at a cost savings of $100 per month. The change has been made to the account. The Clerk suggested review of other utility bills, as some bills appear to be substantially higher than expected. The electric bill for firehouse alone was $778. It was suggested that copies of all utility bills related to the firehouse be send to Tim Ellis to review. It was recommended that the utility companies be contacted to request an energy audit on all Town buildings to see if there could be any cost savings.

22. Operator’s Licenses-Motion Wagner, second Gumm to approve the operator’s licenses for Jonathan E. Strader, Graham C. Lund, Crystal M. Downs & Katharine I. Jennermann for Texas Roadhouse and Joshua A. Miller, Charles J. Gierke and Dawn Levanduski for Town & Country. Motion carried.

23. Reports-Motion Schwinn, second Gumm to accept the reports as presented. Motion carried.

24. Communication & Correspondence-The communication and correspondence was read and filed.

25. The Town of Sheboygan Town Board may convene into Closed Session pursuant to Wis. Stat. Sec. 19.85(1)(e) for the purpose of developing collective bargaining strategies related to the negotiation of a successor DPW labor agreement and other Union demands.

It was discussed that a closed session Union negotiation meeting is scheduled for October 13, 2009 at 5:15 pm at the Town Hall and a meeting with Union representatives at 6:00 pm.

26. The Town of Sheboygan Town Board may convene into Closed Session pursuant to Wis. Stat. Sec. 19.85(1) (c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. The Town Board did not go into closed session for this item.

27. The Town of Sheboygan Town Board may convene into Closed Session pursuant to Wis. Stat. Sec.19.85(1)(g) for the purpose of conferring with legal counsel for the governmental bodies who are rendering oral or written advice concerning strategy to be adopted by the bodies with respect to pending WERC litigation and a prevailing wage inquiry by the WI Dept. of Workforce Development. The Town Board did not go into closed session for this item. Atty. Bauer provided information that there are still questions regarding the appeal and he is forwarding this information to Wal-Mart to make them aware of the status of the case.

31. Final Assessments for Fairway Estates (road water, sewer)-The final paving is estimated from Sheboygan County at $33,205.22 if it is done this year. If the project is not done this year the costs will be higher. Blashka was directed to get the County’s best estimate for next year’s paving costs and increase an additional 20%. These figures will be sent to Brantmeier informing him that the estimate is for next year’s paving and the Town Board will levy assessments next month to put on the tax roll based on the estimate and if the price comes in less then Brantmeier will be refunded. Atty. Bauer stated no motion was necessary and the Town can put these costs on this year’s tax roll based on these estimated figures.

32. Town Hall sign-Blashka informed the Board that they can get a 10% discount on the Highway Building sign and the Town Hall sign if both signs are ordered. There was question as to the location of the Town Hall sign. Blashka had the stakes placed showing the entire sign within Town property and showing the sign in the road right-of-way. Oostburg Concrete needs to know the location before they can quote an estimate due to the elevations. Motion Gumm, second Schneider to approve the Town Hall sign with concrete pillars, the same as the other Town signs, with placement to be determined after talking to the Sheboygan County Highway Commissioner. Motion carried.

33. Woodside Hills Drainage/N6994 Woodside Hills Drive-Blashka stated the property owner lives north of a public drainage area which was redesigned twice. The existing design is what Earth Tech and Gottsacker agreed to. The property owner met with their attorney, engineer and Terry Johnson to review the matter. Johnson went on site and reviewed the elevations and found that there is only .10’ difference and if a landscaper would landscape the area according to the site plan there would not be a problem. Motion Gumm, second Wagner to forward the AECom letter from Terry Johnson to the property owner and indicate that the Town Board concurs with his decision and any expenses to correct the landscaping will be at the property owner’s expense, not at the Town’s expense. Motion carried.

34. Paving & Assessment of Windward Court-This was addressed earlier on the agenda under item 16(d).

35. Update on Mueller Road Bike Lanes-Letters were mailed to homeowners on Mueller Road on September 11, 2009 by AECom inviting neighbors to an informational meeting scheduled for Thursday, October 8, 2009 from 4 pm-6 pm regarding design of the bike lane and to address any concerns they may have. Blashka will attend the meeting. Gumm will be present for a portion of the meeting. Schwinn or Schneider will also try to attend.

a) Encroachment by Revocable Occupancy Permit-The Rath barn is within the right-of-way by 6.7’ and the owner is being asked to remove or reach an agreement with the Town that states if the Town or State needs to have this area vacated the Rath’s would have to do so. Tim & Lori Rath are the owners of record and the Town will need to sign the permit. Blashka will contact Ken Wolf at AECom to finalize the document and then he and the Chairman will present this form to Rath’s and explain the document. This item will be placed on the next agenda.

36. Adjourn-Motion Schneider, second Schwinn to adjourn the meeting at 7:25 pm. Motion carried.

A Town of Sheboygan Town Board meeting was held on Tuesday, September 15, 2009 in open session at the Town of Sheboygan Town Hall, 1512 No. 40th Street, Sheboygan, Wisconsin 53081, Sheboygan County, Wisconsin.

A Town of Sheboygan Town Board meeting was held on Tuesday, September 15, 2009 in open session at the Town of Sheboygan Town Hall, 1512 No. 40^th Street, Sheboygan, Wisconsin 53081, Sheboygan County, Wisconsin.