|
MINUTES OF THE MEETING OF THE TOWN OF SHEBOYGAN TOWN BOARD HELD ON MONDAY, JUNE 15, 2010 @ 5:15 pm
A Town of Sheboygan Town Board meeting was held on Tuesday, June 15, 2010 in open session at the Town of Sheboygan Town Hall, 1512 No. 40th Street, Sheboygan, Wisconsin 53081, Sheboygan County, Wisconsin. The meeting was called to order by Town Chairman, Daniel W. Hein. The following were also present at the meeting: Supervisors Ralph Schneider, Char Gumm, Jim Schwinn and John Wagner, Clerk Cathy Conrad, Town Attorney Crystal Fieber and those listed on the attached sign-in sheet. Notice of the meeting was given to the public at least 24 hours prior to the meeting by forwarding the complete agenda to the official Town newspaper, The Sheboygan Press, and to all news media who have requested the same, as well as posting in four (4) different places.
2. Agenda-Motion Wagner, second Gumm to approve the Town of Sheboygan Town Board agenda for June 15, 2010. Motion carried.
3. Minutes-Motion Gumm, second Wagner to approve the Town of Sheboygan Town Board minutes of May 18, 2010 as presented. Motion carried.
4. Conditional Use Permit & Fireworks Permit of Awesome Display LLC for Akum Citgo, Inc.- Motion Schneider, second Schwinn to approve the conditional use permit and fireworks permit for Awesome Display LLC to sell fireworks at the Akum Citgo Station, 4912 Vanguard Drive from June 23, 2010 to July 5, 2010 from a tent area in the parking lot from 9 am-9 pm daily, upon posting of Town placards. Motion carried.
5. Ordinance related to Wellhead Protection Regulations-Motion Schwinn, second Gumm to approve the Ordinance Amending Section 4.1 and repealing and recreating Section 5.15 of the Zoning Ordinance of the Town of Sheboygan to provide Wellhead Protection Regulations. Motion carried.
6. Sheboygan County Economic Development Corp-Jessica Potter, the Community Development and Research Specialist of the Sheboygan County Economic Development Corporation gave a brief presentation of the goals, services and responsibilities of the organization. The SCEDC was formed in 2009 as a comprehensive development corporation working towards a county effort for county development. Representation is from the entire Sheboygan County including government and private business. Discussed was the SCEDC taking over the County’s Economic Development Loan Fund and increasing the productiveness of funding. They will also post the Town’s Economic Development Loan Fund Application on the County’s website. Attraction efforts will be reviewed. The SCEDC website is up and running. They will assist existing companies as well as attracting new businesses. The SCEDC is looking for a financial commitment from the Town. The last request was $2 per capita. The group is trying to show that it will be worth the money. This is a non-profit organization that is separate from the County and not part of the Chamber or the County. The $2 per capita was based off Fond du Lac’s plan. Fond du Lac has a proven track record. Funds committed to date include Town of Wilson $600; City of Plymouth $5,000 and Plymouth industrial businesses $5,000; City of Sheboygan $100,000 committed but not yet received; and $100,000 from the County of Sheboygan. Town Board will talk about funding at a future meeting.
7. Tax Collection-Motion Schwinn, second Wagner to approve an expenditure of $2,397.00 for the purchase of a drop box cabinet, Model 650DOC from American Security Cabinets for the front of the Town Hall for tax payments, with Town staff doing the installation and contacting other smaller municipalities that the existing smaller box is for sale with the funds going towards the purchase of the larger box. Motion carried. Collateral Agreement with Community Bank-This will be put on the agenda. Electronic Check Processing Agreement with Wisconsin Business Bank-Atty. Bauer reviewed the agreement. Mark Mauer of Wisconsin Business Bank was present. Atty. Fieber reviewed Atty. Bauer’s key points of concern with those being page 3-bank liability is limited; page 4-liability limited to fees so total liability is limited to -0- dollars on the banks part. Mark Mauer stated this is pretty much standard language. Motion Schwinn, second Gumm to adopt the agreement with Wisconsin Business Bank for electronic check processing as presented. Motion carried.
8. Status of brush chipping program & drop off site with Scotty Landscape-Scott Schaefer was present and reviewed that they have had 705 people at their site to date (in 14 days)-391 people came on Wed. and Sat. and 314 came on other days. There have been a few complaints, and Schaefer stated that he underestimated two things and the power of the weather, and he would have probably had a better working product had the weather cooperated as they couldn’t pour concrete. Schaefer stated that he also underestimated the rudeness of people. He stated of the 700 people there were 7-8 people who were extremely rude to staff and swore. Schaefer stated he tried to explain to people why there was a change and that it was a savings though some still felt the Town was mislead. The Town Hall has not received any complaints. The Chairman received one complaint about someone waiting a long time. Schaefer stated they reviewed the surveillance cameras from that time period and proved this to be wrong. Schaefer stated he will rectify warranted complaints. People are complaining that they need to come into his building to sign-in and they did not have to sign-in at the Town site and they could come after hours. Schaefer stated that he wants people to sign in to have control of the program and know they are dumping in the right places and they are Town residents. The have received 24 appliances in 14 days that the Town never took; 250 gallons of oil recycled in 14 days; and 31 loads of concrete that the Town never accepted. They are separating wood waste and turning it over to a processor to turn into woodchips. Compost also being made and they are recycling more and more products. On paper the program works well, in theory the program works, but the number one complaint is that they have to come into the building to get a slip. The Town also required customers to sign-in, and this is not a change. The signage issue was a miscommunication and Schaefer has hung a sign at both places. The newsletters were not read by many people. The staff is being courteous to all residents as they are customers, though a small amount of individuals are hard to please. Wagner stated his wife’s experience was good. Schaefer stated it is a good program and is working; it is good for the Town and good for the environment. Schaefer stated he has $62,000 invested-$29,000 in concrete and $33,000 in dumpster truck equipment. Chipping has been going well and there was some comment that the Town stayed to chip until the pile was done. Schaefer is having staff take pictures of larger piles so they can document time. A few people have come in with drywall and construction debris and he asked for direction from the Town. Some have trailers full of drywall and carpeting. It was noted that construction debris was also a problem for the Town and the Town would refuse these items as large remodeling or if operating as a contractor and if doing a large project the property owner should get a dumpster. Schaefer stated he would like to take the excessive amounts for a fee. Blashka stated that the Town also refused large amounts. Schaefer stated he has benefited from customers refilling their trailers with product and purchasing plantings, etc. Schaefer stated he feels he should have the right, within reason, to refuse construction materials. Schaefer will post signage regarding construction materials and this will also be noted in the newsletter. Blashka was directed to put more permanent signage at the old site. Schaefer noted that there was an attempted theft at his property and the theft of a trailer at Grand Rental Station, but surveillance cameras assisted the Sheriff’s Department with a description.
9. Constable Issues-
a) 1919 Playbird Road-Constable VanDerPuy stated that Mr. Billmeyer is in compliance with his vehicles and needs to coordinate a visit from the Town Chairman and Town Constable to view the interior of the home.
b) 4124 No. 50th Street-A letter from Atty. Bauer to the bank’s foreclosure attorney was mailed May 24, 2010. There was no action taken by the bank. Town Chairman Hein authorized the mowing of the lawn by Scotty Landscape, which was done. Blashka will call Scotty’s regarding mowing the ditch. The constable will contact the Sheriff’s Department regarding concerns of a fox roaming the area and will report back for the next meeting.
c) No. 40th Street Speed Control Issue-The Constable was contacted about the speed limit on No. 40th Street. This is a County Road and the Constable will bring the issue up to the Sheriff’s Department. Residents also commented on the speed of vehicles near Lincoln Erdmann School and requested 15 mph speed limit signs and Children at Play signs. Blashka stated that Children at Play signs are not enforceable. Hein stated that the Town wanted to have walking paths in this area and they would have solved the safety issue of a place to walk, but people in the area were adamant about not wanting walking paths. Motion Schwinn, second Gumm to post a 15 mph sign on No. 50th across from Lincoln Erdmann School. Motion carried.
d) Jan-June Constable VanDerPuy Report-The constable report was read and filed.
10. Business being operated at 4620 West Reineking Drive-Constable VanDerPuy will report back for the next meeting.
11. Boll request to allow cross bow discharge-Jerry Boll asked that the discharge of cross bows be allowed in the Town. Hein has not talked to the WDNR officials about this issue. Boll stated he has a legal issue at the current time and is restricted from using firearms but is allowed to use a cross bow. Boll feels he is getting the run around from the Town. Hein stated the ordinance was drafted by the Town Board for the entire Town not just for Mr. Boll. Schneider stated that the WDNR cannot tell the Town how to draft an ordinance. Cross bows were felt by the Town Board to be more dangerous. The Board has to approve of an ordinance that will fill the needs of all the residents. The Board will have to talk about whether or not they want to change the ordinance. Boll stated he has used his cross bow for the past 2 years. Hein stated that the residents gave the Board the direction they wanted to go, and the ordinance would not be for Boll, but for everybody. Boll stated he turned in 31 names to the Sheriff’s Department since last Wednesday of people who did not stop at the stop sign on Woodland Road. The Sheriff’s Department has contacted Hein regarding asking if the stop sign could be removed to stop the calls coming from Boll. Hein will set up a meeting with Boll and the Sheriff’s Department. This issue of a cross bow will be on the next agenda along with the issue of the stop sign.
12. Replacement of Town Hall Doors-An estimate was received from Falls Glass Service, Inc. for either hollow metal doors or aluminum doors at a cost of $3,500. Blashka stated he contacted C&R Siding and they provided a verbal estimate of $8,300 for both doors. The Finance Committee recommended the Town contacting Falls Glass regarding painting the doors in wood grain and contacting Damrow Construction to get an estimate. This will be placed on the next agenda.
13. Ordinance related to Transient Merchants-This Ordinance was introduced and related to the PGA to discourage and regulate people opening their doors to selling items on the route of the PGA. An ordinance and registration forms were reviewed. Motion Schneider, second Wagner to approve the Ordinance creating Section 4.08 of the Town of Sheboygan regulating Transient Merchants including a background check fee charge of $10. Motion carried. Ordinance 11.05 will be amended for the next meeting to include the background check fee charge of $10.
14. Commercial Fire Inspections-This item will be placed on the next agenda.
15. Paving of parking area for JJ Trucking-Review was done of the parking area for JJ Trucking, 3633 Enterprise Drive. The area was not yet paved. In October 2009 the Town gave a deadline of June 1, 2010 to complete the paving. Legal counsel will send a letter with a citation and this will be put on the next agenda.
16. Pay increases for Bruce Schneider & Tom Lawrence-Blashka asked for this to be placed on the agenda since Lawrence’s last raise was in 2008 and he is working at the Town Hall, mowing and doing park work. Ken Gumm and Burnell Dewald had an increase in 2009. Schneider should also have an increase, though it was recommended by Finance that this be referred to the utility districts. The Finance Committee also recommended Burnell Dewald and Ken Gumm should also get a raise. Nick Flasher and Erin Holfeltz are not working this year. Blashka was going to recommend .25 increase per hour. Bruce Schneider does hydrant repair, along with snowplowing and hydrant flushing. Motion Schwinn, second Wagner to increase the hourly pay rate for Tom Lawrence, Ken Gumm and Burnell Dewald to $11.00 per hour and increase the hourly pay rate for Bruce Schneider to $11.50 per hour with the limitation of 600 hours annually for all part time staff, effective 6-21-2010. Ayes-Schwinn, Wagner, Schneider, Hein. Abstain-Gumm. Motion carried.
17. Draft Department of Public Works Ordinance re: drainage/road improvement/sump pumps-This will be placed on the next agenda.
18. Proposal from Larry’s Sewer & Water-A proposal from Larry’s Sewer & Water to remove and replace a concrete slab at the firehouse park shelter was reviewed. Blashka asked for discussion on this item as when the conduit was run into the park shelter for the camera system three slabs were found to be hollow underneath. Motion Schneider, second Schwinn to approve to remove and replace a concrete slab at the firehouse park shelter for a cost not to exceed $1,725 with completion by July 10, 2010. Motion carried.
19. Mueller Road Project-Information from Sheboygan County has been obtained indicating that the bids came in from the Department of Transportation at $391,664.58 over the estimated total. The cost portion for the County came in at an additional $354,249.63 and the Town’s portion at an additional $37,414.95. The County has made a decision not to go ahead with the project and possibly re-bid the project in November/December for completion next year. The project could be also be rebid in August though there may not be much change in the cost as there would be if it was re-bid in November/December for work next year, as the contractors already are booked for this year. Action is required by the Town Board. The cost to go ahead with the project would cost the Town the additional costs of $391,664.58 if the Town proceeded. A motion is needed to deny the bid otherwise the Town will be responsible for the additional costs as the County has denied accepting the project. Motion Schwinn, second Gumm to deny the bid submitted and re-bid the Mueller Road project through the State in August. Motion carried.
20. Status of sale of Town land on Vanguard Drive-There was nothing new to report. Blashka will keep the land mowed every 2 weeks.
21. Grunewald request to cross park land-This was discussed and approved at the last meeting and now a letter was received from Grunewald. Motion Gumm, second Schneider to allow Grunewald or his contractor to cross Town park land for the garage construction provided the land be restored to its original condition per the May 19, 2010 letter. Motion carried.
22. Remnants from past annexation-This item will be placed on the next agenda.
23. Home at 5027 Lakeshore Road-Chairman Hein updated the Town Board on the status of the temporary mobile home placed on the property due to a structure fire. This temporary placement is for 120 days which can be extended by the Town Board at the property owner’s request. This item will be kept on future agendas.
24. Temporary One Day Class B License-Motion Gumm, second Wagner to approve the Temporary One Day Class B License for the Town of Sheboygan Lion’s Club for July 10, 2010 and waive the fees. Motion carried.
25. Background check process & 2010 Liquor Licenses-The Clerk currently uses WCCAP for background checks for liquor licenses. The Wisconsin Town’s Association has recommended using the Dept. of Justice and not WCCAP, however there is a $7 cost per check through the Dept. of Justice. Finance Committee recommended using the Dept. of Justice for background checks for all new license applications. Motion Gumm, second Schwinn to authorize the Clerk to use the Department of Justice for background checks related to liquor, operator licenses and transient merchant licenses and to approve the 2010-2011 liquor licenses for Akum Citgo, Bushwood, Farmer’s & Sportsmans Conservation Club, Harry’s Diner, J Bees Silver Dollar, Kiku of Tokyo, Larry’s Distributing, Miesfeld’s Triangle Market, Inc., Petro Center, Primary Interstate Plaza, Inc., Sheb. Country Club, Sheb. Town & Country Club, Shuff’s Last Resort, Superior Discount Liquors, Inc., Texas Roadhouse, UAW Local 833 and Wal-Mart Stores East, LP, as attached. Motion carried.
26. 2010-2011 Cigarette Licenses-Motion Schwinn, second Gumm to approve the 2010-2011 Cigarette Licenses as attached. Motion carried.
27. 2010 Operator’s Licenses-Finance Committee recommended all operators’ licenses be issued for 1 year in the future and increase the fee of a 1 year license to $50 and that will cover background check fees. Motion Schwinn, second Gumm to approve the Operator’s Licenses as attached. Motion carried. The Ordinance amendment will be placed on the next agenda for an amendment to address 1 year licenses for operators at a cost of $50.00 including the Department of Justice background check.
28. Unkempt properties, unmowed grass, neighbor complaints-Complaints are coming in quite regularly from residents who have unkempt property in their neighborhood, mostly unmowed grass, not necessarily noxious weeds. Many complaints are due to foreclosed properties, though not all are foreclosed. The Clerk asked how the Board wanted to handle these complaints as the Town typically did not mow properties unless there were noxious weeds. All complaints also included rodents occupying the weeded property. The Board recommended that property owners be issued letters from Town legal counsel requiring mowing to be done within 7 days, only if complaints are received as this constitutes a public nuisance. Motion Gumm, second Wagner to have legal counsel send letters requesting that mowing be done within 7 days, with a copy to the Constable, and no action by the property owner will trigger the hiring of someone to mow the property with the charges being billed to the property owner. Motion carried.
29. AECom General Engineering Services Agreement-The Board asked to have Terry Johnson come to the next meeting and explain the increase and also update the contract language with the Town as the Sanitary Districts have.
30. Building Permit Approval/Inspection process-The Clerk explained that building inspector Jack VanDerWeele has provided the attached list of which inspections are required for each type of project, so the office staff can issue permits and the inspector doesn’t have to stop in to review plans. Office staff is concerned that they are issuing permits and when an inspection is done the project may have been constructed not meeting code and the additional expense to the property owner could become an issue. Should Town staff who is not knowledgeable on State Building Codes be issuing permits? Can a resident come back to the Town and sue because the project was not reviewed by the inspector first? Office staff does not want to be responsible for approving a permit that eventually gets constructed incorrectly. The Town Board expressed concerns with the procedure and directed the Clerk to contact Chuck Mayer to see if he is interested in doing these inspections as new home building is down. This item will be placed on the next agenda.
31. Sheboygan County Rural Addressing Ordinance-A letter was received from Sheboygan County Sheriff’s Department/Sheboygan County Planning regarding address sign color, size, and lettering which need to be determined as soon as possible. Discussion included choosing the color blue w/white letters/numbers; a sign size of 18” x 6” and letters/numbers of 1.5” and 3”. Also discussed was not having the town name on the sign, and the street name being placed on the lower portion of the sign. The Board also discussed cautioning the County not to order all the signs for the Town as they are in the process of reviewing possible exempt properties. No action was taken on this item and it was held until the next meeting.
32. Reports-Motion Gumm, second Schwinn to file the reports as presented. Motion carried.
33. Communications & Correspondence-The communications and correspondence were read and filed. Windward Cove-Atty. Fieber reported that they have heard back from Ms. Robarge and she is fine with the document though her bank is not and there is some additional language that will be added to the final agreement to allow her to prepay without penalty. The waiver of notice and public hearing will be amended. Motion Schneider, second Schwinn to approve the amendment of the waiver of notice and public hearing for Windward Cove/Robarge with the additional language. Motion carried.
34. Adjourn-Motion Schwinn, second Schneider to adjourn the meeting at 7:55 pm. Motion carried.
Minutes recorded by Cathy Conrad, Clerk
|
