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February 8, 2016 February Town Board Meeting Minutes

Board Meeting Minutes
February 8, 2016

With all notices having been properly posted, Frank Bartzen, Chairman called the February meeting to order at the Lamartine Municipal Building Meeting Room (LMBMR) at 7:00 pm. Also present at this meeting were Supervisors; Bruce Rhode and Roger Grade, Treasurer, Greg Michels and Clerk; Jill Randall. Please see meeting sign in sheet for other attendees.

Pledge of allegiance was recited.

Approval of Minutes from Previous Meeting(s)
a. January Board Meeting Minutes (1/11/16)—Bruce seconded by Roger moved to approve the January minutes as presented. Motion carried 3-0.

Treasurer’s Report—Greg read the treasurer’s report aloud with an ending balance of $1,252,202.71. Roger moved to approve the treasurer’s report as presented. Bruce seconded the motion. Motion carried 3-0.

Public Comment:
Sarah Everson, Fond du Lac County Supervisor who represents the Town introduced herself.

Connell Rezoning Decision: Board Action on the Plan Commission’s recommendation from the Public Hearing held Monday, February 1, 2016 at 6:30 PM—Frank explained that the Town Plan Commission held a Public Hearing on a request from Ben Connell to rezone (+/-) 20 acres of land, from Moderate Farmland Preservation District to Residential. The property is described as follows: Parcel I.D. No. T12-15-16-27-16-001-00 described as the East ½ of the SE ¼ of the SE ¼ of Section 27, Town 15 North, Range 16 East, Town of Lamartine, Fond du Lac County, Wisconsin. This property is located at N5308 Hillcrest Road in the Town of Lamartine and is owned by Bennett Connell. Mr. Connell wishes to have the property divided into four residential parcels. Lot #1 – 4.043 AC with a residential home currently situated on this parcel; Lot #2—5.010 AC (land only); Lot #3—5.003 AC (land only); and Lot #4—5.034 AC (land only). There is a 10-foot utility easement between each lot. The Clerk read the recommendation from the Plan Commission as follows; the Plan Commission recommend to the Town Board that this rezoning request be granted and (+/-) 20 acres of land be zoned residential with the condition that the semi-trailer currently stored on this property be removed when the weather permits. The motion passed unanimously 5-0 by the Plan Commission. Board discussion took place. Frank read a letter the Town received from Fond du Lac County Planner, Sam Tobias dated 1/26/2016. In summary the letter stated that the land to the east and the south of the Connell property is predominantly in residential use. Land to the west is an agriculture use and land to the North is wooded and residential use. Zoning on the surrounding property is consistent with land use. The Connell property is mapped as an area of non-agricultural development in the county farmland preservation plan in the area of the Connell property. Based on the current use of the property, surrounding residential uses and the property being located near the center of the unincorporated village, Tobias recommended a rezoning of the Connell property to allow for residential use. Bruce moved to go forward with the plan commission’s recommendation and rezone the Connell property 20-acres from moderate farmland preservation to residential with the condition that the semi-trailer is removed from the property as soon as weather permits. Frank seconded the motion. Let the record show the voice vote; Frank—YES, Roger—YES & Bruce—YES. Motion carried 3-0. The Board offered the following as reasons to rezone; Sam Tobias’ opinion, the Plan Commission’s recommendation and they felt it was a good fit for the surrounding land use.

a. Road Report— Frank reported that Rich is doing an excellent job with the roads this winter.
i. Culvert Permit Report—NONE this month.
b. Set date for Special Town Board Meeting to review & clarify all Town fees & Procedures—Possible Meeting Date the first Monday of March—This meeting will be held Monday, March 7, 2016 at 6:00 PM.
c. ELECTION – Spring & Presidential Preference – Tuesday, February 16, 2016 – Polls Open at 7:00 Am to 8:00 PM

a. Board Action – on Town Gravel Road Discontinuation(s)—(Public Hearing was held 2/8/16 @ 6:00 PM). Frank explained that the Town began the process of discontinuing five town roads last November. The roads are gravel and are essentially long driveways that are costly to the town to continue to maintain. One of the final steps in this process was to hold a public hearing to receive public comment on the matter. This public hearing was held this same evening at 6:00 PM. (for further details on the public hearing please see the Minutes; “Public Hearing on Road Discontinuation” dated 2/8/2016). Frank stated that at the public hearing it was announced that the town was withdrawing Waldson Road from the list of roads to be discontinued. Board action on the discontinuation:
i. Resolution Discontinuing Ballwanz Road. Roger seconded by Bruce moved to adopt the “Resolution to Discontinue Public Way” for Ballwanz Road. The voice vote is as follows; Frank—YES, Bruce—YES & Roger—YES. Motion carried 3-0.
ii. Resolution discontinuing Darling Road. Frank seconded by Roger moved to adopt the “Resolution to Discontinue Public Way” for Darling Road. The voice vote is as follows; Frank—YES, Bruce—YES & Roger—YES. Motion carried 3-0.
iii. Resolution discontinuing Giebel Road also known as Sunnyview (Brian Michel’s property). Bruce seconded by Roger moved to adopt the “Resolution to Discontinue Public Way” for Giebel Road. The voice vote is as follows; Frank—YES, Bruce—YES & Roger—YES. Motion carried 3-0.
iv. Resolution discontinuing Sunnyside Drive. Frank seconded by Bruce moved to adopt the “Resolution to Discontinue Public Way” for Sunnyside Drive. The voice vote is as follows; Frank—YES, Bruce—YES & Roger—YES. Motion carried 3-0.
v. Resolution discontinuing Waldson Drive—Waldson Road will not be discontinued as stated earlier.

a. Board Action – Approval / Signing Outdoor Sign – Bill Board Permit Verifying / Proving “Commercial” or “Business” Zoning of Property—Submitted by Fondy Sports Complex Regarding Former Anderson Gas Station Property located at W7407 Honold Road, Town of Lamartine—Roger moved seconded by Bruce to approve the Sign Permit Application form submitted by Fondy Sports Complex and sign the permit and supply information necessary to convey to the state that this property is in fact zoned business. Motion carried 3-0.
b. Board Action – Greg Michels Certified Survey Map (CSM) Prepared by David Jacobs—Greg explained that he was in the process of doing some estate planning; as part of this process he had land surveyed to split off the buildings with 5.358 Acres of land. An orphan lot was discovered during the survey and was labeled outlot #1. This “outlot” will be quit claimed to Greg’s daughter who owns the land abutting the outlot, to clear up the matter. The 1-20 rule does not apply as there is no classification change. Bruce moved to approve the CSM as presented. Roger seconded the motion. Motion carried 3-0.
c. Board Action – Request by Town Resident(s) to be on this agenda to discuss a Shining Ordinance—Bernard Giebel presented a petition to the town board. The petition stated, “Due to the high volume of nuisance deer shining into resident’s windows and yards…We, the under-signed residents, hereby petition the Lamartine Board to pass an ordinance banning all shining of deer in the Township of Lamartine. There were 90 signatures on the petition. The town roads that are the most affected by high volume shining are Johnson Road, Giebel Road, Crescent Road, Forest Avenue Road, Triple Kay and County Road C. Frank explained that he had spoken with Matt Parmentier, town attorney, regarding a sample shining ordinance. Matt responded to the town with a letter dated January 29, 2016. In summary the letter stated that there is a State statute imposing certain restrictions on the shining of animals. Among other things the statute prohibits shining animals while hunting or possessing weapons, with certain exceptions. It also regulates the time of day that shining can occur from September 15 to December 31 of each year. The statute gives the authority to adopt additional regulations to counties, not towns. Matt was unaware of any Fond du Lac County ordinance. He further stated that if there are violations of the State standards, they can be enforced by the DNR. The County would have to adopt an ordinance to regulate shining more strictly. Fond du Lac County Board Supervisor Sarah Everson was in attendance at this meeting and offered to check out who the town would go to, to discuss Fond du Lac County’s position on a countywide shining ordinance. Ms. Everson will get back to the town on this matter.
d. Board Action—Posting Town Road Weight Limits During Spring Thaw—Bruce moved to approve the posting weight limits on any town roads as necessary this spring; leaving the when and where of the weight limit posting(s) up to Frank and Rich’s discretion. Roger seconded the motion. Motion carried
e. Set meeting date for Special Town Board Meeting; Purpose of meeting -- Presentation by Fire Department for purchase of new fire truck—Chief Joe Birschbach explained that the fire department has come across a good deal to purchase a chassis to build a new fire truck. They would like to set a meeting date to present their plan to the Town Board and discuss funding for the truck. A meeting date was set for Wednesday, February 17, 2016 at 5:30 Pm at the Lamartine Municipal Building Meeting Room.

Approval of Monthly Vouchers & Checks—Bruce moved seconded by Roger to approve vouchers presented for payment and give permission to the clerk and treasurer to pay; Attorney St. Peter, Farmers Elevator, Gannett Newspaper and Tax Settlement payments due to the state, county, schools and MPTC for the February tax settlement and the PILT tax settlement. Motion carried 3-0.

Adjournment—Roger seconded by Bruce moved to adjourn the meeting. Motion carried 3-0 and the meeting adjourned at 8:10 Pm.

Respectfully Submitted,
Town of Lamartine

Jill Randall
Municipal Clerk

Included with these minutes: Attendance Sign in Sheet


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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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