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January 14, 2008
Town Board Minutes
Call Town Board meeting to order at
5:30 p.m.
Present: Randy Leiker, Andy
Peters, Tom Becher, Mike Woods. Mark
Strobel was excused.
Approval
of agenda.
Tom
Becher made a motion to approve the agenda.
Andy Peters seconded the motion and it was carried.
Has
the agenda been properly posted? Yes
Sheriff’s Dept. Liaison officer.
Sergeant
Gary Shortess – Outagamie County Sheriff’s Department.
This
is informational only. A sex
offender registry is kept with Department of Corrections.
Tom Smith is from WI Dept of Corrections.
Purpose of being here is to make people aware that on January 15th,
Jesse Rassmussen will be released in the community.
Jesse is convicted of sexual assault of a child.
He was in prison for 8 ½ years and is being released with no
extended supervision. He served
the maximum time. He will be a
citizen of the Town of Greenville and have full access as everyone else.
We have to respect that. He
had a prior conviction. He will
have a GPS and be monitored by Dept. of Corrections.
It is a passive device. It
collects data and stores it. It
cannot be watched on a computer. This
is a good tool. He will have to
pay a monthly fee to use this GPS. He
will be living with relatives in Greenville which is a good support system.
At the time of offense he was 19 years old.
He had an acquaintance with a 13 & 15 year old and had consensual
sexual relations. Officer
Shortness stated we cannot keep him out.
He has every right to live here.
He served his maximum time and is not eligible for a half-way house.
He chose to serve his entire sentence.
His father (Tony Rassmussen) was present.
He does not believe he will have any problem with him.
He got his GED in prison and a degree in horticulture.
He admits to his full mistakes. Mr.
Rassmussen feels he will be a productive person in society.
He is 27 now. He knows he
messed up. They also have a
thirteen year old daughter.
Reports
–
Fire
Department/First Responders reports – accept minutes
Mike
Woods added that in November the Town Board approved $20 per run.
The Fire Department would like to keep it at $17.50 per run.
They are not in it for the money.
Mike Woods made a motion to accept the meeting
minutes. Tom Becher seconded the motion and it was carried.
Park
Commission - accept minutes.
No
minutes were submitted.
Park
Department (Tony) report – accept
The
Parks Department is posting internally for a park and maintenance part time
worker. After it is posted
internally, it will be advertised in the newspaper.
Andy Peters made a motion to accept the report.
Tom Becher seconded the motion and it was carried.
Policy
on vandalism regarding Town owned property – Park Commission recommends
approval.
We came up with a recommendation policy
in conjunction with Sheriff’s Department and a judge.
We will be printing this policy in the newspaper and newsletter.
It is written as “must appear in court.”
It will not have an option of paying a fine.
Under age 16, it will have a hand written apology, restitution and
community service. Over
age 16, the person must appear in court, present a hand written letter of
apology which will be published in Town newsletter, community service will
be determined and restitution or a fine.
Over 18 requires that a letter be published in the Town newsletter
and the local newspaper. The
name will be included. Community
service will be determined, and restitution or a fine.
They will have to appear at annual Town meeting to apologize for
damages done.
Andy Peters made a motion to approve this policy.
Tom Becher seconded the motion and it was carried.
Urban Forestry Board – accept minutes.
No minutes submitted.
Public hearing – Proposed revisions to the
Conservation Subdivision Ordinance.
The hearing was
called to order at 5:49 p.m.
Resident
Dave Schlimm would like this tabled until 7:30 p.m. next month so people in
the agricultural business can attend and speak their mind.
Randy Leiker stated Dave’s suggestion will be taken under
consideration.
Jim
Ecker, a member of the Planning Commission, spoke.
Jim helped create the ordinance with the Land Use Group.
Jim encourages the Board to approve this change now.
It has been a 2 ½ year process with much input from the agricultural
owners and large property owners in the past.
There was plenty of time for input.
In looking at the current version versus the revised version, there
is one small error under section 4. It
speaks to the ability to have individual wells and septic.
It says does not allow, but there is still capability to have water
and septic. They can have shared
wells and septic systems.
Dan Garber of N794 North Road stated he has seen growth.
The biggest concern is we need to do a better job of managing our
resources. As density increases,
it puts a greater restraint on our resources.
Jennifer Sundstrom is from the Realtor’s Association and is the
Government Affairs Director. Jennifer
feels there are very important improvements to this ordinance and
appreciates the effort. She does
have a few concerns. Density
issue – unless you have both water and septic, you will lose a number of
lots. Unless you have an
environmentally sensitive area, you cannot use that.
Put this to rest. Make sure the community gets a 40% set aside.
Guarantee that the property owner is still allowed the same density
as the current ordinance. She
does not want to depreciate the current value of the property.
Jennifer feels it is an easy fix and urges us to adopt the correct
language. She will be willing to
help us with this. Randy Leiker
stated as for density, we had the same issue inside Sanitary District.
It is not unique just because it is a Conservation Subdivision.
Dave
Cyr, a resident and developer, agrees with Jennifer to amplify in terms of
it not being a unique issue. What
is unique is the setbacks and counting them as undevelopable area.
The backs of the lots can be included as value to the lot.
It may not be built on but can be counted.
The marketability problem is prevalent.
He is seeing what the market is asking for, especially larger lots,
because of his development inside the Sanitary District.
He feels people will not want the smaller lots.
Dave feels that outside of the district, with no real attributes, 40
acres of prairie is really not added value for 4 to 5 years until it is
developed. If people cannot see
it, touch, and feel it, they will not believe it.
He is having troubles with his development now because everything is
not in. It will be beautiful
when it is done. Dave
appreciates the time put in by the group.
“Don’t take my comments as diminishing that value, but it needs
to go further.” If you take
the pond and move it outside out of 37 acres, you would have 7, 9 or 14 lots
under this new ordinance revision with 31% building and 69% open space area.
He would like to see the calculations for unbuildable area removed.
Sharon
Tornes has been following this issue and is on the Land Use Committee.
Sharon stated that Eric Fowle is present and is an expert in this
area and she would like to hear from him to get a broader perspective of
what is being done and get away from personal agendas.
Adam Delakowski from Valley Home Builders spoke. VHBA works for affordable
housing and promotes green initiatives.
He commends the Town for their environmental concerns.
The Ordinance is simpler but it places more burdens on developers.
The Town made several changes recommended by East Central.
The ordinance lacks language for natural vegetation and open space
enhancements. Conservation
Subdivisions are more expensive. Costs
are paid by potential residents. Costs
are higher per person which creates a marketability problem.
It creates a limited audience. With
no Land Use Plan in place we can hinder the planning process with this
ordinance. Complete the Land Use Plan first.
Greenville is the next growth area to west.
Do we skip over Greenville or accept and temper growth to create
quality environments?
Eric
Fowle from East Central gave some comments. Eric has been doing work for the
Town with the Smart Growth Plan. Implementing
a Conservation Ordinance will remain in the plan.
Eric feels the concerns are in the details.
Step back to the Land Use Plan. How
do we use Conservation Subdivisions more effectively?
The way the ordinance is does not say only certain pieces of land can
be developed. There are
different options available. Eric
understands Mr. Cyr’s position. The
Town does not have to make sure everyone becomes rich by selling their land.
There have been past concerns about property rights.
The new proposal will not regulate any more than any traditional
ordinance. The traditional
ordinance is just about as thick if not thicker.
You see impacts on wetlands and landscape.
A Conservation Subdivision is a more sustainable development.
There are very few ordinances in place.
The Town took the time to look and hammer out details.
The longer this is debated, the more chance there is for bad things
to start happening. There will
always be something you don’t foresee.
The flexibility is good.
Randy
Leiker stated during this process, the Realtors Association and VHBA were
invited to participate. We took
into account what they brought to table.
The original intention of ordinance was just a revision of current
ordinance. We already have one
in place. The main part of the
revision is to watch our ground water and drinking water for future
generations which is why community water systems were put into it so you do
not have 80 wells drilled into the ground and affecting other wells.
The public water system would be a deep well system with water from a
different aquifer. Experts came
in and talked about the fact that the more holes that are drilled, the
greater your chance of arsenic happening.
We currently have septic systems in the community that are failing
and contaminating well water. With
community systems, it eliminates that from happening.
Andy
Peters made a motion to close the public hearing.
Tom Becher seconded the motion and it was closed at 6:11 p.m.
Andy Peters stated we received an email from a farmer who could not attend
until later and would like to see this held later in the evening. We
had various groups put years of time into this.
It is a very important decision to make.
We should address this one more time within this month.
We will not make this ordinance perfect.
One concern was about growth skipping over Greenville.
That is the least of our problems.
We could put it on later next month and get everyone involved again
to see what we are missed. We
should table this for now. Tom
Becher agrees with Andy. A few things have come up.
Tom likes the idea of having it later and favors tabling.
Mike Woods stated the farmers should take the ordinance home and
study it with what you like or dislike and get your comments to Dave Tebo
ahead of time. Andy Peters
stated we are getting very close. Have
to make this as right as we can. Randy
Leiker stated we have gone out of our way to notify land owners of meetings
not trying to push anything through. Randy
asks that the Land Use Committee stick with this for us.
Andy Peters made a motion to table and set up date for a work session prior
to next meeting. Mike
Woods seconded the motion and it was carried.
Jim Ecker, from the Land Use Committee, feels that the Board has a precedent
of tabling things. You step on
the respect of the people who come to the meeting many times.
If things are important, they take time to come here.
At some point you respect the rights of a few only.
When you come to meetings and nothing gets done, people stop coming
to meetings.
Shall
the Town Board approve the proposed revisions to the Conservation
Subdivision Ordinance?
Tabled with the
above issue.
Public hearing – Ordinance for depositing of snow on public-right-of-ways.
The
public hearing was called to order at 6:25 p.m.
The snow plowing portion of the ordinance will be done first and the
sidewalks second.
Depositing snow on public
right-of-ways – Dean Schiller.
Dean stated there are statutes that prohibit some of this stuff.
This ordinance deals with people pushing snow across the street or
blowing snow into the road after the plow has gone through.
It gives the Public Works Department the power to control this.
It prohibits businesses from removing their snow from parking lots
and pushing into ditchers. Without
the recent melt, our ditches would be full.
When shoving snow across the road, it leaves wind rows in the road.
It could create a car to go into a spin. It
is a hazardous situation. Snow
should be put on both sides of your driveway.
At end of driveway, you cannot create a visual hazard.
The Town can come in and remove it after you have been notified.
If passed, this year will be mostly an information campaign.
Jeff Steinacker questioned, if you do a good job, is it ok to push
the snow across the road? Jeff
does a good job of cleaning the road. Dean
Schiller questioned how do you define a good job?
Greenville has to start growing with some of these ordinances.
Greenville is just starting to catch up.
Todd Minten lives on a cul-de-sac. We
have a problem with where to put snow. Dean
stated they can put snow in the ditch in front of their house as long as
they are not creating a visual hazard. This
is a unique cul-de-sac with five driveways.
Some of the homes have no ditch.
Dean Schiller stated that this is a special circumstance.
It is the property owner’s responsibility to remove the snow and
not the Towns. The ordinance
does not address this property. Mr.
Minten stated he keeps getting a citation because his neighbor keeps calling
the Sheriff’s Department. Mr.
Minten cleans the entire cul-de-sac. Dean
stated he should not be cleaning out the cul-de-sac and taking the liability
on any issue that would happen. Where
can he go with his snow? There
is room in two locations. It was
no problem until now. The
ordinance is great without a cul-de-sac.
Captain Jobe from the Sheriff’s Department stated the officers have
to be issuing a citation under the state statutes.
It is the officer’s digression to issue a citation.
As the ordinance is written, the officer would try to interpret
ordinance. If the State Statute
was violated, the officer would issue the citation based on the Statute.
Minten stated there is no lawn on one side of their property and a
fire hydrant on the other side. Minten
is just asking for a quick time out. He
wants some language for a cul-de-sac environment added.
The language should reflect if this, then that.
Mrs. Savka lives on cul-de-sac and has problem with that.
They go onto my side of the property and I have a flooding problem.
They should not plow the snow on my property but on their own.
Minten stated that this week the snow was put there by plows not by
them.
Captain Jobe stated that as law enforcement officials they do not like being
used by one neighbor against another in a situation like this.
The solution lies between themselves and Town government.
If you have a local ordinance in place, it will prevent the
Department from coming in. They
do not want to be put into this situation. Dean
Schiller stated we can go out there and look at this again.
Start with the ordinance and go from there.
Tom Becher made a motion to close this portion of the public hearing.
Mike Woods seconded the motion and it was closed at 6:54 p.m.
The second part of
the hearing was called to order at 6:54 p.m. for clearing of sidewalks
Any
sidewalk is to be kept clean and also fire hydrants.
Clem Reimer of N1751 & 45 Municipal Drive has a problem on the
sidewalk issue. He first learned
30 days ago that it had to be kept clean.
He was opposed at first to a sidewalk.
Now he finds out it has to be maintained.
The Town needs to handle this differently.
The plow throws snow onto sidewalk.
This was supposed to be a three season trail.
His personal opinion is that he would like to see this tabled for
more research. Randy agrees and
this is why we split the hearing up to come up with a solution.
Randy stated that it is a State Statute that it needs to be plowed.
Tom Becher made a motion to close the public hearing.
Andy Peters seconded the motion and it was carried and closed at 7:06
p.m.
Shall the Town
Board approve the Ordinance for depositing snow on public right-of-ways?
Snow on roads – Tom Becher stated this is
why we have them separate. We
should just go with the snow in right-of-way, 15.06 items 1 & 2 & 4
and skip 3 for now. Mike Woods
would like to table to take care of the problem on the cul-de-sac and deal
with Clem on the sidewalk and bring that back next month.
We should send out a letter to everyone on sidewalk side and have
them come in for discussion. Dean
will investigate. If someone
wants to push the snow responsibly, they will have to submit a plan with
what they are planning on doing. Tom
Becher stated that because of a few, we have to do this.
Most do not do it responsibly. Tom
stated we can work on it. Items
1, 2 & 4 could be done. Otherwise,
do the whole thing at once.
Tom
Becher made a motion to table until next month and hold a neighborhood
meeting before next Board meeting. Mike
Woods seconded the motion and it was carried.
Public hearing – Ordinance for parking, stopping and
standing of commercial vehicles.
The hearing was
called to order at 7:13 p.m.
Randy
Leiker stated this was brought about by people abusing it.
It deals with commercial vehicles and construction equipment between
the hours of 10 p.m. and 7 a.m. and also during November to March for snow
plowing purposes. No commercial
vehicles will be allowed to park on roads overnight.
One person parks his truck on the dead-end on Design Drive.
He keeps the road cleaned. Dean
Schiller stated you may do a good job, but others do cause a problem.
We may possibly do a special permit in certain circumstances.
Dean stated it is an option we can look at.
We have trucks in the parks overnight, construction equipment in the
roads for periods of time. One person would like to see the times changed
especially if having people over for parties.
Tom Becher made a motion to close the public hearing. Andy Peters seconded
the motion and it was carried and closed at 7:18 p.m.
Randy questioned the speed limit. Would
35 mph make more sense than 30 mph?
Dean Schiller stated that 25 mph is the typical speed limit in a
residential area. It can be
changed. Randy agrees with
changing the times.
Shall the Town Board approve the Ordinance for parking, stopping and
standing?
Mike
Woods would like to change the hours to 12 midnight to 6 a.m. People
could apply for a hardship or special permit.
Tom Becher questioned what happens when the road goes through?
When we make an exception for one, we open the flood gates up. Dave
Tebo stated we can set some criteria for the permit.
Randy stated that is why we have these public hearings so this can be
changed and adjusted. Dave Tebo
stated we can come back with this next month.
Mike Woods made a motion to table and bring it back next month. Tom
Becher seconded the motion and it was carried.
Review of amendment to the Town of Greenville Zoning Ordinance for the
Gateway Overlay District and the Heritage Overlay District.
We
already had public hearing on this. This
should be sent back to the Planning Commission because of the suggested
changes. It will change enough
that is should be reviewed by the Commission.
Mike Woods made a motion to table agenda items until next month. They all
deal with this issue. Andy
Peters agreed the Planning Commission should have some say in this.
Tom Becher seconded the motion and it was carried.
Shall the Town Board approve the Zoning Ordinance Amendments listed above?
Public
hearing - review of the amendment to the Zoning Ordinance for nonconforming
structures.
Shall the Town Board approve the amendment to the Zoning Ordinance for
nonconforming structures?
Planning Commission recommendations. All
approvals are contingent on staff review comments.
None
Public Participation and/or questions.
Dan
Hoff was present. He is running
for judge of branch II. Two
spots were open because of vacancies.
Sign in sheet – Sue Behm would like to see them at meetings.
Recess Town Board
meeting.
Tom
Becher made a motion to recess the Town Board meeting.
Mike Woods seconded the motion and it was carried and recessed at
7:35 p.m.
Reconvene Town Board meeting.
Review and approve the December Town meeting minutes.
Mike
Woods made a motion to approve the December meeting minutes. Tom Becher
seconded the motion and it was carried.
Review
and approve the January Town vouchers.
Mike
Woods made a motion to approve except the Wittenberg bill for a question on
the park containers. Andy
Peters seconded the motion and it was carried.
Constable report – accept.
Vicki
is having an issue with two horses and two goats on Julius Drive and
continues to work with this situation.
Tom Becher made a motion to accept the report.
Mike Woods seconded the motion and it was carried.
Update
on Humane Officer Position
Dave
Tebo met with Rich Carlson. Rich would do an ordinance for us.
Randy Leiker stated we need to meet on this and decide what to have
in it and leave out. Vicki
stated there are three or four things that should be allowed:
Issue an abatement order
Execute an inspection warrant
Request a subpoena
Issue citations
Randy questioned in terms of time, how much more time would this be and the
cost. Vicki stated to issue an
abatement order takes no more time than it does to pick up a stay and take
it to the Humane Association. An
abatement order is basically explaining what needs to be done.
The Sheriff’s Department, Humane Society and other groups would get
involved if need be. Any
expenses incurred are reimbursable with prosecution.
Vicki’s goal is more for educating of the people.
Randy asked Vicki to put together a budget of costs.
Seeing a Constable is an elected position, what becomes of the
position of the Humane Officer? Vicki
stated it is a 40 hour initial training and 40 hours in a two year period
for education for re-certification. She
has the certification already.
In the Town of Dale, the constable is elected.
Humane Officer is appointed. There
are not many cases for a Humane Officer.
This is being driven at the Federal level going down to a State level
because of the issues with animals. It
costs a lot more to have a law enforcement officer being a Humane Officer
than having a local Humane Officer.
Public
Works Supervisor report
Town
drop-off site
The
Board will review and it will go on another agenda.
Fee Schedule for Utility permits
Dean
restructured this so the gas, electric, telephone and cable all come in.
Fees are based more on review time.
Possible
purchase of tool cat attachments
Tool
cat attachments purchase was approved in the budget.
The broom is priced is high. The
Board would like clarification for the broom.
Dean got prices for the snow blower attachment.
The price is $5,099, and $4,922 for the salt spreader attachments.
These were not budgeted for. Dean
just got the prices for these
Mike Woods made a motion to accept Dean’s report.
Tom Becher seconded the motion and it was carried.
Bob
Hofacker – building proposal for site owned adjacent to Town Hall.
Two
years ago Bob approached the Town for the property next door at N1724
Municipal Drive. It was voted
down at that time by the people. Now
Mr. Hofacker has a few parties that are interested in the property.
He added a high efficiency furnace, insulation and the curb and
gutter was added. He updated the
bathrooms. The fair market value
is $242,184 as shown on the tax roll. He
is looking to see if the Town would like to re-look at the property again.
Bob would still honor the same price as two years ago of $245,000
with the improvements included. Bob
feels if we come up with some future need for it, it would help to sell it
to the public. The Board
will review it.
Town
Administrator Report
Upcoming
meetings:
Jan
23rd at 5:30 County informational meeting for construction of CTH
JJ between 76 and 15
Jan 28th at 5:30 Planning Commission
Jan 29th at 6:30 Park Board, Comprehensive Steering Committee
meeting.
Feb 20th 5:30 by time is not finalized yet – Jim
Resick for sustainibily concepts in the planning process for the steering
committee.
Clerk/Treasurer
Report
None
Announcements.
None
Adjourn Town Board meeting.
Tom
Becher made a motion to adjourn the Town Board meeting. Mike Woods seconded
the motion and it was carried and adjourned at 8:28 p.m.
Deborah Wagner,
Town Clerk
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