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August 10, 2015 Town Board Meeting Minutes
TOWN OF LAMARTINE DRAFT
Board Meeting Minutes
August 10, 2015
With all notices having been properly posted, Chairman Frank Bartzen called the August meeting to order at the Lamartine Municipal Building Meeting Room (LMBMR) at 7:00 pm. Also present at this meeting was Supervisors; Bruce Rhode and Roger Grade; Clerk; Jill Randall and Treasurer, Greg Michels. Please see meeting sign in sheet for other attendees.
Pledge of allegiance was recited.
Approval of Minutes from Previous Meeting(s)
a. July Board Meeting Minutes (7/13/15) Bruce moved seconded by Roger to approve the July Board Meeting Minutes. Motion carried 3-0.
Treasurer’s Report-Greg read the Treasurer’s report aloud. The ending balance 7/31/2015 is $542,988.62 Greg noted this balance included the Shared Revenue and Quarterly Road Aide state payments. Roger moved seconded by Bruce to approve the Treasurer’s report as read. Motion carried 3-0.
REPORTS & COMMUNICATIONS:
a. Road Report—Rich has been mowing ditches.
i. Culvert Permit Report— NONE this month.
ii. Vehicle Maintenance—Frank reported that the International Truck is rusting in places and needs to be taken care of. A quote was gotten from Futureworks, Inc. to do the necessary work, in the amount of $ 4860.00. Bruce moved to accept the quote from Futureworks and move forward with the work that needs to be done on the International truck. Roger seconded the motion. Motion carried 3-0.
a. Update on Letters mailed out to junk ordinance violators—Frank reported that all town residents that were contacted via a second letter have responded and will be taking care of the matter as requested by the Town.
b. Town Board response to requests received regarding W7744 Forest Avenue Ditch matter—Frank stated that this matter appeared to be the same ditch issue the Board had acted on at the March 2015 Town Board meeting. Frank then read aloud a statement he had prepared for this meeting which included the Board Statement originally read at the March 9, 2015 Town Board meeting regarding this same ditch matter. Please see ATTACHMENT “A” for this statement in its entirety. Frank also noted that on July 29, 2015 clay material was dumped in the ditch at the Woodley property at W7744 Forest Avenue Road and must be removed. Attorney Vander loop representing Larry and Deb Conger (adjacent property owners) commented that the Conger’s were looking for the town to make sure the obstruction was removed. Chairman Bartzen reported that he has been in touch with the Town Attorney regarding this matter and the statement he had just read was the only response the town board had at this time and there would be no further discussion at this meeting on the matter.
a. Board Action—Tom Coyne CSM—David Jacob presented a Certified Survey Map (CSM) for the Tom Coyne Jr. property on County Highway I. (Part of the NE ¼ of the NW ¼ of Section 1, T15N. – R 16E, Town of Lamartine, Fond du Lac County, Wisconsin). The CSM represents three lots: Lot 1 – 1.000 Acres,
Lot 2 – 1.500 Acres, and Lot 3 –1.577 Acres. Bruce moved seconded by Frank to approve the Thomas Coyne Jr. CSM as presented. Motion carried 3-0.
b. Board Action—Rhode Farm CSM—Let the record show that Supervisor Bruce Rhode stepped down for this item explaining that this CSM was for his family and he felt it would be a conflict of interest. David Jacob presented a layout of the Rhode property CSM. Mr. Jacob stated that he was looking for conditional approval of this CSM of the Don Rhode farm division. Frank moved seconded by Roger to approve the Rhode property CSM and the Chairman and Clerk would sign the CSM when it was completed. Motion carried 2-0.
Approval of Monthly Vouchers & Checks—Roger made a motion seconded by Bruce to approve the vouchers as presented. Motion carried 3-0.
Adjournment—with no further business to discuss, Bruce seconded by Frank moved to adjourn the meeting. Motion carried 3-0 and the meeting adjourned at 7:50 Pm.
Town of Lamartine
Included with these minutes: Attendance Sign in Sheet
Attachment “A” – Town Board Statement Read at 8/10/2015 Town Board Meeting
To the 8/10/2015 Town Board Meeting Minutes
August 10, 2015 Town Board Meeting
The Following Statement(s) was read aloud by Chairman Frank Bartzen at the August Town Board Meeting
The next item on the agenda is in regards to a request to the town for the ditch on Forest Ave Road at W7744. This request appears to be part of the earlier issues of the drainage dispute at this location. At the March 2015 board meeting a statement was read and approved by the town board.
I would like to read this statement again at this time.
STATEMENT REGARDING DRAINAGE DISPUTE (Originally read to Township 3/9/2015)
As many of you are aware, the Town Board has had discussions at many of its recent meetings about the drainage dispute involving Mr. Larry Conger and Mr. Edward Woodley. Although it is fundamentally a private dispute between neighbors, the Board has attempted to help facilitate a resolution for several months, devoting considerable time and money to trying to fix the problem. Unfortunately, a resolution has not yet occurred.
Last month, the Board held a closed session meeting to discuss the options it has to address the issue. The meeting was held in closed session due to threats of litigation against the Town and in order to preserve the confidentiality of the Town’s strategy. At the conclusion of the closed session, the Board decided to take no further action on the matter. Therefore, as you can see, the issue is not on tonight’s agenda, and we do not intend to include it on future agendas.
Because the meeting was held in closed session, I am unable to discuss the specific alternatives the Board explored or reveal the content of our discussion. I hope that Mr. Conger and Mr. Woodley are able to come to a solution that is acceptable to both of them. The issue is now exclusively in their hands.
END of 3/9/15 Statement
The request received by the town appears to be a continuation of this dispute. This dispute is a civil matter between two adjoining land owners need to get together and hopefully settle this issue or problem. It may be in their best interest to involve either a mediator or disinterested third party to help take care of this matter.
As per the statement, the board will not proceed with this request - any agreement must be approved by the Town. Along with this dispute it should be noted that on the morning of July 27, 2015 between 8:00 AM and Noon a load of dirt was dumped in the ditch on Forest Ave Road in the area of W7744. This dumping is in violation of state statue 88.91(1) and 88.91(2).
This material should be removed immediately by person or persons responsible for the dumping.
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