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February 8, 2010 Town Board Meeting Minutes

Monthly Town Board Meeting
Minutes Dated: February 8, 2010

With all notices having been properly posted, Frank Bartzen, Chairman called the February meeting to order at the Lamartine Municipal Building Meeting Room at 7:30 Pm.

Supervisors Mike Suprenand and Bruce Rhode, Clerk Jill Randall and Treasurer Greg Michels were also in attendance at this meeting.

The Pledge of Allegiance was recited.

Frank then called for any corrections or additions in the January Board Meeting minutes. Mike asked for an addition to the January meeting minutes. He asked that the reasons he sited during the discussion of the rezoning be listed in the minutes. The reasons Mike stated that he felt the rezoning should be granted are as follows: From the Town of Lamartine Zoning Ordinance, Dated June 8, 1998, Pages 27 and 28.
70.6 Standards for Rezoning (These Standards for Rezoning are listed in their entirety. The highlighted items are those given by Mike as reasons he felt the rezoning should be granted) #1, #2, #3, #4, #5, #7, #8 and #9.
70.6 Standards for Rezoning
1. Adequate public facilities to serve the development are present or will be provided.
2. Provision of these facilities will not be unreasonable burden to local government.
3. The land is suitable for development.
4. Development will not cause unreasonable air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas.
5. The potential for conflict with remaining agricultural uses in the area.
6. The need of the proposed development location in an agricultural area.
7. The availability of alternative locations
8. The productivity of the agricultural lands involved.
9. The location of the proposed development to minimize the amount of agricultural land converted.
Bruce made a motion to accept the January Board meeting minutes with the requested addition. Mike seconded the motion. Motion carried 3-0.

Approving of the Minutes from the Special Town Board Meeting held January 19, 2010 @ 5:30 Pm—Frank asked for a motion to approve the Special Town Board meeting held on Jan. 19th. The purpose of this meeting was to review and approve the increase (change order) in charges for Martenson and Eisele to complete the Town Zoning Ordinance updates. The increase is due to the multiple unforeseen changes that need to be made in the ordinance relating to farmland preservation and new state regulations. At this meeting the board did approve the increase. For more information please see the minutes from this meeting. Frank made a motion seconded by Mike to approve the minutes as presented. Motion carried 3-0.

Frank asked Greg to give the January Treasurer’s report. The ending balance as of 1-31-10 is $1,121,085.42. Mike seconded by Bruce moved to approve the Treasurer’s report as given. Motion carried 3-0.

Citizen Concerns:
Henry Schneider asked when the agenda is posted for the Town Board Meeting. The Clerk stated that they are usually posted on the Friday before the Monday meeting, but this month due to a family emergency the minutes were posted on Sunday afternoon, which meets the 24 hour posting requirement. Henry also asked how much it cost the town to hold the last Zoning Ordinance update meeting with Warren Utecht from Martenson & Eisele. The Town Plan Commission did not have enough members attend the meeting to have a quorum so no decisions could be made at this meeting and another will have to be scheduled. Mike answered that it cost the town about $400.00. Concerns were addressed about the PC members not remembering these meetings. Some felt that some type of reprimand was in order. The town board stated that they felt these were valid concerns and Frank would speak to the Plan Commission regarding this issue.

A. Road Report-Frank reported that there have been a couple of mechanical problems with the town equipment. Rich has it all patched back together. Due to the winter weather some of the town roads are getting bumps and dips in them. Frank has received some complaints. Rich will fill in these areas with screening, etc. Frank received information from Centurylink about some line work they will be doing in the township.
a. Discussion / decision on posting spring (frost) weight limits on town roads—Discussion took place regarding the posting of the weight limits on the town roads. Mike made a motion to post spring frost weight limits on the town roads. Bruce seconded this motion. Motion carried 3-0.
Greg Michels stated a concern about the town garage roof gutter damage and how the water is now dripping on the sidewalk creating a dangerous situation. Ron Rymer is looking for some heavy duty gutter hangers to temporarily fix the problem. The building committee will meet and decide what can be done to fix this problem permanently.
B. Status of the Zoning Ordinance Update—Frank received a letter from Keith Foye, DATCP. The state has received the town’s application and has found it to be complete. The state has 90-days to review it and approve it. He recommends that the town look at any lands that may be built on in the next 15 years and make sure they are out of the farmland preservation areas.
C. Update on DOT Meeting—STH 151 Focus Group held January 20, 2010—The DOT held meetings at the town hall on January 20th. The DOT met with the County Highway Commission, the town farmers, and the County EMS and police. The state will be back in August of 2010 with Plan A and Plan B, putting restrictions on the town and farmers/landowners as to what can be built on the 151 corridor. The state is just lining every thing up now so they are ready to upgrade when and if STH 151 is no longer safe.
D. Primary Election will be held on Tuesday, February 16, 2010—Oakfield School District School Board is the only race on the ballot. ONLY town residents in the Oakfield School District can vote at this Primary Election—Polls will be opened at the Lamartine Municipal Building Meeting Room from 7:00 Am to 8:00 Pm
E. Discussion / decision—Regarding New Hall Usage Agreement—Frank reported that he had Attorney St. Peter review the Hall Usage Agreement and he found it to be satisfactory. Bruce made a motion seconded by Mike to approve the new Municipal Building Hall Usage Agreement. Motion carried 3-0. Please note that the new agreement requires a $50.00 per use donation from town residents and a $100.00 per use donation from non town residents using the hall.

A. St. Stephen’s Church drainage concerns—Meeting date with Town, Church, adjacent property owners was set for February 20, 2010 at 10:00 Am at St Stephens’ Church—The time of this meeting has been changed to 8:00 Am—The date (2/20/10) and the place of the meeting remain the same—Frank announced the above meeting. The public is welcome to attend.
B. Appointing Community Day Committee Members—The Town Board will attend the Veteran Memorial Committee meeting on Monday, February 22, 2010 at 7:30 PM at the Municipal Building Meeting Room. At this meeting members to serve on the committee for Community Day will be discussed.
C. Discussion / decision—Town Highway Restoration Ordinance—Frank explained that the Town Highway Restoration Ordinance remains basically the same as the one the Town adopted a while back but never got the final draft back from the former attorney for the Board to sign. Attorney St Peter made a few minor changes. The Town needs to approve this ordinance. Discussion took place regarding how the Town was going to prove who did the road damage. This may be difficult at times but the Town needs to start somewhere and having something in place. This ordinance can be amended when needed. Mike moved seconded by Bruce that the Town Highway Restoration Ordinance be sent to Attorney St. Peter for finalization. Motion carried 3-0.
D. Discussion / decision—UDC Building Inspector for 1 – 2 Family Homes in the Town of Lamartine—Frank explained that the Town received a letter from the State acknowledging that the Town of Lamartine will be handling the UDC inspection of new 1 – 2 family homes in the township. Discussion took place regarding hiring an inspector to do these inspections. Mike seconded by Bruce moved to hire J & B Inspections as the Town Building Inspector for new construction of 1 and 2 family homes. Motion carried 3-0.

A. Discussion / decision—Pine Drive Dairy—Conditional Use Permit Letter Agreement—The Town of Lamartine, the town attorney, Lawrence Ford and Ford’s attorney have been working on settling the issue of an acceptable Conditional Use Permit Letter Agreement for the Ford’s dairy operation expansion. St. Peter (town attorney) put together another letter agreement and the Ford’s do not feel comfortable with it. Mr. Ford who was in attendance at this meeting stated that he is not signing or accepting this agreement because he has found through his research that the town has no jurisdiction over his expanding operation. The town had until November of 2006 to complete and adopt an ordinance to be able to regulate livestock in the township. The Town of Lamartine failed to complete an ordinance by the date so Mr. Ford believes that the Town cannot legally regulate livestock. Mr. Ford had documentation with him explaining the timeline and procedures to accomplish this back in 2006. The clerk made a copy of this information and Frank will take it to Attorney St. Peter for his review. The clerk and chairman will review the Town Board Meeting Minutes from 2006 to see exactly what the Town did do during this time. Mike will contact the Wisconsin Towns Association for their opinion. The first thing that needs to done is to find out if the town has jurisdiction or not.
B. Approval to issue an operators license for Burgundy Bodart—A motion was made by Mike, seconded by Bruce to approve the issuance of an operator’s license to Burgundy Bodart. Motion carried 3-0.

Approving the monthly vouchers and checks—Bruce moved seconded by Mike to approve the monthly checks and vouchers and approve the Clerk and Treasurer to pay the February Settlement payments due February 20th, pay the refuse reimbursement due to Cory Towne and to pay the annual Veolia Garbage & Recycling bill when Greg finds out how the bill is broken down. Motion carried 3-0.

Adjournment—Mike seconded by Bruce made a motion to adjourn. Motion carried 3-0 and the board meeting adjourned at 9:12 PM.

Respectfully Submitted:

Jill Randall
Municipal Clerk

Attendance List is attached to these minutes.


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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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