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 October 20, 2009.  Motion carried.

3.   Minutes-Motion Schneider, second Wagner to approve the Town of Sheboygan Town Board minutes of September 15, 2009 as presented.  Motion carried.

4.  Jeffrey & Jennifer Madson damaged storm sewer-Schneider and Hein stated they both viewed the property.  Blashka stated the storm sewer manhole and sanitary manhole are both located in the right-of-way and in the driveway.  The concrete moves but the manhole doesn’t.  The cracks go across the driveway.  The owners obtained estimates and were told that the cracks were caused by the manholes and they are afraid of someone falling and getting hurt.  The sanitary manhole area is not cracked.  The concrete around the storm sewer manhole has cracks.  Blashka stated that the manholes are in the driveway area in the right-of-way and he is not aware of any other issues of storm sewer and manholes in a driveway. The manholes were in place prior to the contractor building this home and placing the driveway over the manholes.  The owner obtained a quote of $875 to repair the top concrete piece. Atty. Bauer stated that he looks at it as a private improvement in the right-of-way and if the homeowner wants an improvement they pay for it as the Town is not responsible for fixing this now.  If someone trips on the manhole and injures themselves the Town would be responsible.  Schneider commented that he didn’t want to set a precedent, and stated if the Town chooses to repair, it would be for one time only and not on a continual basis.  Wagner stated he didn’t want to pay for repairs.  The owners said there was a crack visible when they purchased the home 1 year ago, though it has gotten worse.  Wagner questioned what would keep the cracks from happening next year.  Blashka commented that the manholes do not shift, however the concrete does move. Motion Schneider, second Hein to pay up to $875 for one time only driveway repairs for 4442 White Oak Lane.  Motion carried. 

5.      Rezoning application of Timothy & Virginia Bramstedt for a portion of W1809 CTH J-Atty. Bauer was present and explained that a public hearing was held at the Plan Commission meeting and was recommended for approval. Atty. Bauer explained that the Conservancy zoning takes 300’ on either side of a waterway.  The Plan Commission recommended approval of the rezoning. Motion Gumm, second Schwinn to approve rezoning the east 110’ of the parcel located at of W1809 CTH J from C-1 (conservancy) to R-1 (single family residential).  Motion carried.

6.   Conditional Use Permit application of Timothy & Virginia Bramstedt re: W1809 CTH J-Atty. Bauer explained that a public hearing was held at the Plan Commission meeting and the Plan Commission recommended approving the Conditional Use Permit with conditions.  Bramstedt’s were present and explained that if the garage is moved the garage will be very close to the well.  Aerial photos were shown and the location was reviewed.   Motion Schneider, second Gumm to approve the conditional use permit of Timothy & Virginia Bramstedt for W1809 CTH J to allow the operation of a dog grooming business in a size 24’ x 28’ sq. ft. detached garage with the following conditions:     

a)  that a solid or picket PVC fence be installed on the Rahn/Bramstedt property line;     

b)  that the proposed garage be behind the existing garage;      

c)  that the sign be no larger than 4’ x 4’;     

d)  that the hours of operation be from Monday-Friday 8 am - 5 pm with no employees;  Motion Schneider, second Gumm to amend the motion (remove item b) to allow the garage where it was originally intended so as to not have to move the tree or have potential well issues.  Motion carried. 

7.   Constable Issues-     

a) Status of property at 4338 White Oak Lane-Neighbors complained about property not having garage doors closed, junk visible, etc. however the constable had a discussion with the property owner and there is nothing more the Town can do.      

b)  Noxious weed notices-No action taken as the season is taking care of the issue.     

c)  Status of property at 4225 Superior Avenue, dogs, unlicensed vehicles & unkempt.  A letter was sent out and no response has been received.  VanDerPuy stated the property is unkempt; there is lots of junk kept at the site.  VanDerPuy stated he has talked to the property owner.  There are no unlicensed vehicles on the property.       

d)  Unpaid parking tickets-VanDerPuy stated that he has one unpaid parking ticket at 4338 White Oak Lane and Blashka will talk with legal counsel regarding the process.     

e)  Clarification of Ordinance related to hunting-VanDerPuy asked for clarification of the ordinance related to hunting regarding parcel size.  Item 2(b) was questioned as the definition talks about parcel-what about multiple parcels.  Atty. Bauer stated that in order for someone to be able to use property to hunt with gun or bow and arrow but they must have 15 acres.  A resident in the audience commented that he lived on his land for 30 years and always hunted on his 4 acres. He then asked when and why the ordinance changed.Atty. Bauer stated that there may be some interpretation about several parcels owned by family when it equals 15 acres, such as the French property.  Atty. Bauer stated the permit process was added in the hopes of regulating and control hunting in the Town.  A property owner or member of his family does not need permit.  Neighbors felt that this is more confusing and is making it hard for the residents.  The Minster’s stated they are continuing to have problems with hunters.  Constable VanDerPuy stated that the Sheriff’s Department was dispatched to the Minster property but there is no case file.  The applications for permits are on file in the Town with driver’s license and vehicle information.  The Minster’s stated that they have numerous hunters who wear camouflage and get within vision of their bedroom window.  Hunters are parking in driveways and residents have to wait for the hunters to move their vehicles before they can get in or out of their property.  Minster’s stated their property borders the Frank Brotz property and he does not allow hunters on his land.  Minster’s stated they find arrows on their property and deer are being dragged across their property and the Sheriff has been called.  Boll stated that he has not had a complaint and he has been hunting on his 4 acres for 30 years.  Minster’s stated their property is posted “No Trespassing” and they own 2 acres.  VanDerPuy stated that he is not able to follow-up if there is no case/complaint number.  Minster’s stated that they talked to Mr. Brotz and he told them he does not allow hunting.  Minster’s stated that they are not opposed to hunters but are opposed to hunters who are breaking rules.  VanDerPuy stated he would like to have someone from the Sheriff’s Department come to the next meeting to discuss the process.  VanDerPuy asked if there was a colored chart to show where hunting is legal in the Town.  Minster stated that there is another property owner who owns several acres and his son owns other acreage that is not contiguous, and stated this could be an issue with the language in the ordinance.  Minster’s stated the French parcel is split by a road.  Atty. Bauer will look at tightening up the ordinance a little.  This will be put on the next agenda.   

8.   Status of Property at 1115 Greendale Road-Atty. Bauer stated the Building Inspector needs to re-inspect the property and issue a raze order.  This item will be put on the next agenda.

9.   Status of property at 924 Eisner Avenue-Atty. Bauer stated that the Town needs to determine what they are going to do with the items in the storage unit, boat, truck snowmobile, ATV, etc. and how to dispose of these items.  Blashka will get a quote on fixing the 4-wheeler. Blashka will make a list of what is used and has value.  Hein and Blashka will go through the items next week. This item will be put on the next agenda. 

10.  Eisner Avenue Participation Agreement-Atty. Bauer stated that he has not heard back from the City on this issue.  

11.  Status of paving at JJ Trucking, 3633 Enterprise Drive- Hein suggested extending the deadline for paving until June 1, 2010.  Motion Gumm, second Wagner to extend the deadline for JJ Trucking until June 1, 2010 to allow additional time to get the paving completed.  Motion carried.  Atty. Bauer will send a letter to JJ Trucking informing them that the deadline has been extended.  It was noted that any title checks on this property will note the property is in noncompliance.     

12. City bus service-Wagner asked that this be placed on the agenda and he has been asked by residents to bring bus service to the Wal-Mart and Menards area.  Hein explained that there was a request for service to Mapledale and there is now bus service to this complex.  Hein explained that the next request came from Wal-Mart and discussions were held with Wal-Mart and the Town, however the Town could not provide money for bus service.  Wal-Mart did a review and did not feel it was cost effective at this time.  Menards was not interested in sharing in costs.

13.  Status of sale of Town land on Vanguard Drive-There was nothing new to report.

14.  Appointment to Park Committee vacancy-Gumm reported that member Dan Olson resigned.  The Park committee recommended that Ray Price be appointed to fill Dan Olson’s term.  Motion Gumm, second Wagner to appoint Ray Price to the Park Committee to complete Dan Olson’s term through May 2011.  Motion carried.

15.    CDBG Revolving Loan Fund Semi-annual Report Certification-Motion Gumm, second Schneider to accept the CDBG Revolving Loan Fund Semi-annual Report and Certification and authorize filing of documents.  Motion carried. 

16.  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. 

17.  Department of Public Works Issues-

a) Mueller Road Bike Lane Public Information meeting update-The memorandum of the meeting was read and reviewed.  Blashka stated that most residents want something in writing that assures them that they won’t be responsible for any costs related to this project as an assessment.

b) Installation of parking lights- Boeldt Electric asked for their bid to be withdrawn.  Sixel and Schwinn and Faith Technologies submitted prices.  The parking lot lights are 1,000 watt white halogen lights.  DPW staff is cleaning them up and repainting them.  The suggestion was that only one light be installed on each pole rather than two due to the size of the bulbs.  The lights will be set up with dusk to dawn controls or a photocell with a 24-hour timer to allow them on for only a few hours.  There was no cost for the purchase of the lights as they were all donated.  Motion Schneider, second Gumm to have Sixel & Schwinn put in 6 light poles at the firehouse parking lot for a cost of $10,875.  Motion carried.  The firehouse electric bill will be on the next meeting agenda.

c) Software quote from Eagle Technologies & inventory update-It was felt the software was a great idea, but there are no funds available at this time. 

d)  Woodland Road intersection at Meadowbrook stop sign-Jerry Boll was present regarding installing a stop sign at this intersection.  Traffic is not stopping and is continuing through the existing stop sign.  The Sheriff’s Department is asking the Town to do one of several things-1) remove the existing stop sign and put up a yield sign; 2) put up right turn no stop or stop sign with solar flashing lights-there is a warning stop sign ahead sign; and a blind person area is also signed.  Boll commented that there are 40-100 violations in a 24-hour period.  Boll reported that County trucks also run the stop sign and tear up the gravel.  Motion Schwinn, second Gumm to approve the purchase of a $1,565 solar stop sign and installation of the sign at Woodland Road intersection at Meadowbrook.  Motion carried.

18.  Final assessment for Enterprise Drive (road, sewer, water)-Atty. Bauer stated the last action was to refer this to the Sewer and Water Commission to see if they would defer this.  Both Sanitary Districts will spread the costs over the next 10 years to they can recoup the money.  There is no interest.  Motion Gumm, second Schneider to accept the annual installment proposal with no interest to keep the peace.  Ayes-Gumm, Schneider, Hein, Wagner.  Nays-Schwinn.  Motion carried.  Motion Schwinn, second Schneider to have the binder coat on Enterprise Drive completed this year, if at all possible.  Motion carried.

19.   Fairway Estates road & assessment update-The road work is complete however the bill is not in yet and calculations will be completed as soon as available.    

20.   Clarification of term of Clerk appointment-Cathy Conrad was appointed to the Clerk position in temporarily in January 2009 and then appointed in April 2009 to complete the term of Carol Holfeltz.  It is unclear in the records what the term was for Carol Holfeltz and Cathy Conrad asked for clarification of this issue.  Motion Schwinn, second Wagner to appoint Cathy Conrad as Clerk for a three year term, from December 2009 to December 2012, with renewal appointments to be held review at budget time in future years.  Motion carried.  

21.   Draft Fall 2009 Newsletter, printing & distribution and advertising rates-Motion Schwinn, second Schneider to approve Hoppmann Group for the printing of the November newsletter.  Motion carried. Motion Gumm, second Schwinn to change the advertising rate for business card size ads in the “Talk of the Town” newsletter to $100 for advertising in two issues and the advertising rate for a business card size ad on the back page of one issue at $100.  Motion carried.

22.   2010 Draft Budget review-Changes included reducing the NR216 budget, increasing the landfill monitoring budget, increasing the park utilities budget, increasing the fire department utilities.  The Clerk was directed to make these changes and post the budget hearing.   

23.   Update on purchase of new fire truck-The check from the State Loan has not yet arrived, nor has   the bond.  The check to Pierce will be released upon receipt of the State Loan monies and the bond. 

24.   Reports-Motion Schneider, second Schwinn to accept the reports as presented.  Motion carried.  Gumm reported the Town of Sheboygan Lions Club donated funds to purchase a swing set.  The installation and bark will be paid for from Park funds and the equipment will be installed this year.  Cement curbing will be put in at all entrances to the Park and the Carol Holfeltz Memorial Fund will possibly cover these expenses.  A brick walking path will be installed into the butterfly garden and residents will be able to purchase bricks, details of which will be determined later.  Signs will also be placed on the walking path that was installed in 2006, indicating where the funding came from and the signs will be mounted on rocks that will be installed at each end of the path.  These projects will be finished this year and paid for with current funds.

25.   Communication & Correspondence-The communication and correspondence was read and filed.  A letter from the Sheboygan County Economic Development Corporation Task Force asking for $14,426 on an annual basis was received.  This fee is over and above the Chamber of Commerce room tax.  Motion Schwinn, second Gumm to table this item and request that Dave Sachse attend a future meeting to discuss the Sheboygan County Economic Development Corporation Task Force.  Motion carried.  Dan Hein will contact Mr. Sachse requesting his presence at an upcoming meeting.  Blashka stated that the request for “Children at Play” signs installation is typically provided by the Town, with the costs of the signs paid for by the residents, however there is no enforcement action on the Town’s part.  Hein recommended that signs be installed in this area.  Motion Gumm, second Wagner to approve the installation of 2 or 3 “Children at Play” signs for this area with all costs to be paid by the Town.  Motion carried.

26.   Memorandum of Understanding re: Inclusion of 4 newly added employees to bargaining unit-Motion Schwinn, second Schneider to approve the Memorandum of Understanding re: the inclusion of 4 newly added employees to the bargaining unit by the Town of Sheboygan, Sanitary District #2, Sanitary District #3 and the Union.  Motion carried.

 27.   Adjourn-Motion Wagner, second Schneider to adjourn the meeting at 7:45 pm.  Motion carried.                                                                   

Minutes recorded by Cathy Conrad, Clerk