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May 28, 2008 Special Town Meeting

MINUTES
PUBLIC HEARING AND SPECIAL TOWN BOARD MEETING
ON THE PROPOSED DISCONTINUANCE OF FIVE TOWN ROADS
May 28, 2008
LAMARTINE MUNICIPAL BUILDING MEETING ROOM
6:30 PM


Town Chairman Frank Bartzen called the meeting to order. Also present at this meeting were Supervisors Mike Suprenand and Bruce Rhode, Treasurer Greg Michels and Clerk Jill Randall. Please see the attached Attendance sheet for a list of those who attended this meeting.

Frank stated that the purpose of this meeting was to consider the discontinuance of five existing Town highways; Giebel Drive, Hagemann Road, Marggi Road, Orvis Drive and Pucker Road. The statue requires the town to conduct a separate public hearing for each road. After conducting the public hearings on all of the roads, the Town Board will then take action, road by road, in the same order as the public hearing.

The legal documents have been prepared by the Town attorney, John St. Peter. The Town Board began this process by adopting a Resolution on April 14, 2008. Since, with the assistance of Attorney St. Peter notices were sent to the parties involved. The Town filed a Notice of Intent to vacate each road with the Register of Deeds. This process continues now with the public hearings and the board taking final action. Wisconsin Statues 82.10 through 82.20 is the sections dealing with Town Highways. The word “highway” includes a road or drive. The Town is given almost unlimited discretion in making its decision. The standard is whether the Town Board believes that the public good will be promoted.

Frank then announced that the pubic hearing would begin on the proposed discontinuances of Giebel Drive. He asked if anyone wished to address the Board on the proposed discontinuance of this road. Frances Giebel spoke in opposition of Giebel Drive being returned to him.

Frank then announced that the pubic hearing would begin on the proposed discontinuances of Hagemann Road. He asked if anyone wished to address the Board on the proposed discontinuance of this road. No one spoke regarding the discontinuance of Hageman Road.

Frank then announced that the pubic hearing would begin on the proposed discontinuances of Marggi Road. He asked if anyone wished to address the Board on the proposed discontinuance of this road. Frank read aloud a letter the Town received from Gilbert VanderGalien of W8551 Preipke Road. In the letter dated May 24, 2008 Mr. VanderGalien stated that he was responding to the proposed discontinuance of Marggi Road and other town roads. He asked that his letter be read at the hearing. Mr. VanderGalien was opposed to this road being returned to him.

Frank explained that notices were mailed via certified mail to all landowners. The Department of Transportation, the Dept. of Natural Resources all were notified of these proposed five road discontinuances. The Town has not received any other written responses or phone calls from anyone.

Frank then announced that the pubic hearing would begin on the proposed discontinuances of Orvis Drive. He asked if anyone wished to address the Board on the proposed discontinuance of this road. Roger Orvis spoke in opposition of Orvis Drive being discontinued as a Town Road. Mr. Orvis inquired if the Town would offer plowing of these roads. Frank responded stating that State Statue says that towns cannot do private work. The Town is currently receiving road aides for these roads and will continue to take care of these roads until January 1, 2009. He further stated that this is a very difficult decision. The Town has been looking into this since 2006, and the research indicated that the Town is losing $6,000 to $7,000 on these gravel roads, so financially it is hurting the Town. These roads have never been deeded to the Town; the Town does not own them.

Frank then announced that the pubic hearing would begin on the proposed discontinuances of Pucker Road. He asked if anyone wished to address the Board on the proposed discontinuance of this road. No one spoke regarding Pucker Road discontinuance.

Frank then thanked everyone for their comments and declared the public hearings closed.

Frank announced that the decision to discontinue these roads was now before the Town Board. Giebel Drive would be the first road to be considered, Attorney St. Peter has prepared a proposed Resolution and a proposed Highway Order. What action would the Board like to take? Mike Suprenand seconded by Frank Bartzen moved to discontinue Giebel Drive. Let the record show that three votes were cast with the following results: Frank Bartzen—YES, Mike Suprenand—YES and Bruce Rhode—YES. The Town Board voted 3-0 to discontinue Giebel Drive.

Bruce made a motion that Frank check with the attorney and see if the town can find a way to offer grading and plowing as needed at the owners request for the next two years. Motion failed due to lack of a second.

Frank asked the Town Board to now consider Hagemann Drive. Attorney St. Peter has prepared a proposed Resolution and a proposed Highway Order. What action would the Board like to take? Mike Suprenand seconded by Bruce Rhode moved to discontinue Hagemann Drive. Let the record show that three votes were cast with the following results: Frank Bartzen—YES, Mike Suprenand—YES and Bruce Rhode—YES. The Town Board voted 3-0 to discontinue Hagemann Drive.

Frank asked the Town Board to now consider Marggi Road. Attorney St. Peter has prepared a proposed Resolution and a proposed Highway Order. What action would the Board like to take? Frank Bartzen seconded by Mike Suprenand moved to discontinue Marggi Road. Let the record show that three votes were cast with the following results: Frank Bartzen—YES, Mike Suprenand—YES and Bruce Rhode—YES. The Town Board voted 3-0 to discontinue Marggi Road.

Frank asked the Town Board to now consider Orvis Drive. Attorney St. Peter has prepared a proposed Resolution and a proposed Highway Order. What action would the Board like to take? Mike Suprenand seconded by Bruce Rhode moved to discontinue Orvis Drive. Let the record show that three votes were cast with the following results: Frank Bartzen—YES, Mike Suprenand—YES and Bruce Rhode—YES. The Town Board voted 3-0 to discontinue Orvis Drive.

Frank asked the Town Board to now consider Pucker Road. Attorney St. Peter has prepared a proposed Resolution and a proposed Highway Order. What action would the Board like to take? Frank Bartzen seconded by Mike Suprenand moved to discontinue Pucker Road. Let the record show that three votes were cast with the following results: Frank Bartzen—YES, Mike Suprenand—YES and Bruce Rhode—YES. The Town Board voted 3-0 to discontinue Pucker Road.

Frank thanked everyone for their participation. With no further business to discuss, Bruce Rhode made a motion to adjourn the meeting. Mike seconded the motion. Motion carried 3-0 and the meeting adjourned at 7:35 Pm.



Respectfully submitted,

Town of Lamartine




Jill Randall

Municipal Clerk


Archive:

December 11, 2017 December Town Board Meeting Minutes
November 25, 2017 Special Town Board Meeting - Road Supervisor - Candidates
November 13, 2017 Special Town Board Meeting - Candidate Selection
November 13, 2017 November Town Board, Budget Hearing & Special Town Meeting Agenda
October 30, 2017 Special Town Board Meeting - Road Supervisor - Candidates
October 2, 2017 October Town Board Meeting MInutes
September 19, 2017 Special Town Board Meeting - Town Highway Dept. Positions
September 12, 2017 September Town Board Meeting Minutes
August 14, 2017 August Town Board Meeting Minutes
July 20, 2017 Special Town Board Meeting - Board Action on Zabel Family Trust Rezoing Request


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Town of Lamartine, Fond du Lac County, Wisconsin
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