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December 16, 2014 Special Town Board Mettings --Forest Ave Rd Ditching-w/Town Atty

Town of Lamartine
Special Town Board Meeting
December 16, 2014
6:00 PM at the Lamartine Municipal Building Meeting Room

Town Chairman Frank Bartzen called the Special Town Board Meeting to order at 6:00 PM at the Lamartine Municipal Building Meeting Room (LMBMR). Also, present at this meeting were Supervisors Mike Suprenand and Bruce Rhode, Treasurer, Greg Michels and Clerk, Jill Randall. Town Attorney Matt Parmentier was also in attendance. For other attendees please see attendance sign in sheet.

Frank stated that the purpose of this meeting was to discussion and possible decision by the Board on how to proceed with Wis. Stat 88.90 Complaint filed with the township requesting the town to view and issue a recommendation to the property owner regarding an obstructive culvert located at W7744 Forest Avenue Road.

Discussion took place regarding the need for all parties to work together and decide how to best move forward and resolve this matter. Mr. Conger’s Attorney (Vanderloop) recounted that their resolve remains the same; the Town Board has viewed the ditch and they are asking that state statute be followed. Attorney Vanderloop read the Stated Statute aloud. He further stated that they were asking that the proper course of action be taken to remove the obstruction by installing a culvert at the height described by David Jacob. His client (Conger) is unwilling to pay for this culvert. Attorney Vanderloop submitted text message correspondence between the two parties (Conger and Woodley).

Mr. Ed Woodley presented his views on the matter stating that he had offered to pay $500.00 toward the project and this has been refused so there is nothing he can do. He feels that Mr. Conger dug the ditch too deep and therefore he needs to lower the culvert or fill in the ditch. Mr. Woodley stated that he will not make another offer to pay anything toward this project.

Discussion took place regarding this matter and how to proceed.

Town Attorney Matt Parmentier offered three options to the Town Board:
1. Town bears responsibility for cost.
2. Continue with state statute process and issue a remediation order, if Mr. Woodley doesn’t remove obstruction town does work and places a special charge for the work on Mr. Woodley’s property taxes.
3. Complete the state statute process and not issue a remediation order.

Mr. Woodley stated that he would cooperate with the town whatever they decided, but he will not participate financially in this project.

Attorney Parmentier instructed the town board to be careful not to disclose legal strategy in open session. Closed session is appropriate at this time.

Mike moved that the town board meet in closed session with town attorney present and shoot the six (6) points Harold Haney suggested prior to meeting in closed session. The points to be shot by the county. Bruce seconded the motion. Motion carried 3-0.
For the record the six points to be shot are:
Conger’s driveway, Woodley’s driveway, Nelson Road double culvert, Nelson Road south of Forest Avenue, Haney’s culvert & shoot level of the culvert by the river. Mike also stated that everyone gets copies of the grades prior to the closed session meeting.

With no further business to discuss a motion was made by Mike and seconded by Bruce to adjourn the meeting.
Motion carried 3-0. The meeting adjourned at 7:35 PM.

Respectfully Submitted,
Town of Lamartine

Jill Randall
Municipal Clerk


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Town of Lamartine, Fond du Lac County, Wisconsin
N5367 Hillcrest Rd, Fond du Lac, WI 54937-9430
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