MINUTES TOWN OF PLOVER BOARD MEETING MAY 2, 2017

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1 MINUTES TOWN OF PLOVER BOARD MEETING MAY 2, CALL TO ORDER: Chairman Karcheski called the meeting of the Town Board to order at 6:00 PM with the Pledge of Allegiance; also present were supervisors Firkus, Garbe and Rowe, (Langlois absence not approved), and Clerk/Treasurer Scheider; also in attendance - resident Marlene Rowe, Auditor Amber Danielski, CVB Executive Director Sara Brish accompanied by Susan Schlicht, Jim Hopp of Best Excavating and guest, Paul Cieslewicz, Chair of Portage County Drainage District Commission. 2. CORRESPONDENCE AND COMMUNICATIONS: Karcheski noted communication with Lonnie Firkus regarding conditions and use needs of the dirt portion of Kennedy Avenue. Karcheski reported a request from Richard Graham, Hydrogeologist with the Bureau of Agrichemical Management/Division of Agricultural Resource Management of DATCAP, for authorization to place another monitoring well in the road right-of-way on the southeast corner of the Birch Drive and Hoover Avenue-South intersection. Karcheski indicated he had requested and has since received a letter acknowledging the town s right to impact the right-of-way in the future. Karcheski reported the Town of Stockton had published a bid request for work to be done in two segments on Kennedy Avenue; discussion that the option regarding the intersection of County B and Kennedy Avenue did not involve the Town of Plover but, rather, Portage County. There being no further correspondence at the board table, Clerk/Treasurer Scheider reported lack of response from a follow-up contact with Mike Haas, Wisconsin Elections Committee, regarding the lack of reliable information from electronic proof of residence, Katrina Shankland communications of reasons for the cancellation of the Listening Session that had been scheduled for 5/1, delinquent personal property tax bills have again been sent to the Elizabeth Inn as well as Roto Rooter, the PILT (payment in lieu of tax) has been received from the State, the County Board will consider the proposed Wireless Telecommunications Ordinance amendment on May 16 th, background from Planning and Zoning regarding the Plummer property as well as the Clendenning property has been received for filing in the town s property files, and the county has initiated a query regarding the Frank Koziol limousine business being conducted in residential zoning. 3. PUBLIC COMMENTS: Chairman Karcheski read the public notice; CVB - Sara Brish indicated she would like to inquire about the progress of the Tourism Commission in the Town of Plover. Karcheski relinquished the floor. Brish reiterated her efforts over the past couple years in attempting to impress the Town of Plover by describing the significant assistance the CVB has provided to the hotels in the Town of Plover, that she has not had a response to the several suggestions she has made to the Town for how the Town might contribute room tax dollars to the CVB, that the Town was illegally defining tourism development in 1

2 their manner of distribution of room tax dollars to Town hoteliers according to her legal advisor, her frustration with the persistent requests for detailed information from Town of Plover Clerk/Treasurer Scheider to define how the CVB helped Town of Plover businesses, and indicated she was unsure of just who the Town s Tourism Commission members were since she was confused by minutes she had read and what was recorded in the DOR Report. Clerk/Treasurer Scheider indicated the DOR Report would be the proper source. Brish indicated that May 19 th was the deadline for when the CVB must have a response from the Town of Plover regarding the town s recognition of the CVB as their tourism entity; if no word is received by the 19 th, CVB support for the hotels in the Town of Plover will cease. She indicated that from earlier discussion she assumed the next Town Board meeting would be held on May 17 th ; the date was confirmed MINUTES OF APRIL 18 TH AND 19 TH, AND ANY OTHER TOWN BOARD MINUTES TO BE PRESENTED: Garbe moved to approve April 18, 2017 minutes of the Town Board meeting, which had immediately followed the April 18 th Annual Meeting, as provided; with a second by Rowe, the clerk was directed to call the question and the motion carried unanimously. Garbe made a motion seconded by Rowe to approve minutes of the April 19 th Public Hearing as provided; the clerk was directed to call the question and the motion carried unanimously. Garbe made a motion to approve the April 19 th minutes of the Town Board meeting that immediately followed the public hearing; on a second by Rowe, the clerk was directed to call the question and the motion carried unanimously. Chairman Karcheski indicated he was changing the order of the agenda AUDIT UPDATE: Auditor Amber Danielski discussed aspects of the December 31, 2016 Annual Financial Report noting the difference in the assets between 2015 and 2016 was caused by the timing of when tax collections had been received; she pointed out graphs in the Summary of Financial Information identified the Town s consistent practices in setting aside funds for specific future needs and highlighted how this practice had eased the town s need to purchase two trucks in previous years. Garbe referenced questions and answers he had asked in a previous year for comparison with the 2016 audit. There being no further questions, Amber reminded everyone she was available by phone or anytime there was a need. 8. PORTAGE COUNTY DRAINAGE DISTRICT - THE AFFECT ON TOWN OF PLOVER PROPERTY OWNERS DUE TO TREE DEBRIS BLOCKING ISHERWOOD LATERAL: Paul Cieslewicz introduced himself and explained his role as Chair of the Portage County Drainage District Commission. He described how the laws held him and the commission accountable, how the laws defined corrective action when drainage regulations were ignored and that when DNR direction to discontinue efforts were ignored, it was defined as civil disobedience. He made the comparison that techniques applicable in a small river were inappropriate in a drainage ditch since, by law, the ditch has been dredged to drain land and water was expected to flow more freely than a meandering river which does not have a similar purpose. He described the various impacts that would be experienced over time if blockage of the drainage ditch 2

3 were to continue he noted detrimental impacts would be experienced on the part of individual land owners upstream and downstream as well as town and county infrastructures he related one instance where a blocked culvert had taken out a section of South I39. Cieslewicz described the significant engineering efforts that had been put forth to establish the proper flow of the drainage ditch system when re-dredging work was addressed several years ago. He provided maps which defined profiles, which had to be adhered to, which determined the volume flow of water that could be expected and controlled to provide proper drainage. He noted the law directed what the flow of water should be and directed that silt could not be pushed downstream to the detriment of another property. Cieslewicz explained the Drainage District was supported by assessing benefiting land owners with a levy of $1.75 per benefiting acre with a minimum parcel assessment of $10; he noted the commission s adherence to the DNR Memorandum of Understanding (MOU) directive that no work could be done prior to 7/1 or later than 9/30. Chairman Karcheski made a motion to support the action of the Portage County Drainage District efforts to uphold the law and ensure that proper procedures be followed to allow the project, to clean the ditch, move forward; Firkus made the second and Karcheski called for discussion. DISCUSSION: Garbe noted that while he embraces what the landowner is doing he also finds fault with how it was done; he has listened to the land owner and tonight listened to the Drainage Commissioner; that he has physically walked the ditch last winter and again today. He noted he had no opinion on negative impacts, and it was his opinion the town board shouldn t get involved in taking sides since it hasn t heard from the land owner and hasn t walked the ditch. Firkus and Karcheski pointed out that there were roughly 7,000 acres in the Town of Plover that were affected by drainage; Garbe indicated that the land owner s actions would only influence his own land and maybe his neighbors land upstream because of blocking the drainage as defined by the DD profiling; and made a comparison with the impact of natural disasters such as the recent sand storm. Firkus noted this was done illegally; Karcheski pointed out there was no effort to inform landowners who might be affected - this affects land in the Town of Plover, owners have had nothing to say - it has just been done to them; without the drainage ditches, roads will not last, land values will diminish. A letter of support is taking the side of the law; the errant landowner knows he has broken the law. Garbe also noted Portage County hasn t taken sides and that the Drainage Ditch had expected the county to cover their legal fees thru use of Corporate Counsel. Cieslewicz explained the Drainage District, being an independent government body organized in Portage County, by law, is to receive legal assistance from Corporate Counsel. He explained this issue is multi-jurisdictional and complicated, and that due to circumstances regarding Corporate Counsel staffing, the Drainage District has hired legal counsel on their own; to date, the Drainage District has incurred engineering and legal fees of about $30,000. 3

4 Rowe explained why he had asked this subject be a topic at the board meeting; he didn t think the town s letter will be of any importance and asked what will it accomplish? Cieslewicz responded he knew the drainage ditches were helping the Town of Plover s infrastructure save money. Karcheski responded that the drainage ditches help our tax base, our land owners, our infrastructure; we have skin in the game; effective drainage is in the best interest of our township to keep our roads dry. Chairman Karcheski directed the clerk to take the roll - names were called: Garbe nay, Rowe aye, Firkus aye and Karcheski aye; the motion carried. The letter is to be directed to the Portage County Drainage Commission; Karcheski indicated the town s minutes would be attached to the letter. 5. HAYES AVENUE DISASTER DECLARATION UPDATE ON CLEAN UP: Karcheski reported that the County Emergency Management staff had requested an update; Hopp and Karcheski both noted that due to weather restraints, it was their intention to begin the clean-up effort on Thursday, May 4 th. 6. TOWN OF PLOVER /TOWN OF STOCKTON SHARED ROAD PROJECT TO CHIP SEAL KENNEDY AVENUE: Karcheski noted the ad lacked product specifications; discussion that due to rumored changes to be made in business activity along this road, the importance of addressing this road may be diminished. Garbe noted he would be unable to attend the meeting in Stockton and asked if anyone intended to do so. 7. FREE LITTLE LIBRARY PLACEMENT IN TOWNSHIP: Karcheski noted this subject would move to the next meeting s agenda ROAD PROJECTS: Karcheski noted this subject would also move to the next meeting s agenda. 12. OPEN BOOK, BOARD OF REVIEW AND BOARD OF REVIEW TRAINING: Clerk/Treasurer Scheider reported Open Book would be held on Wednesday, May 31 st from 5 to 7PM and Board of Review would be held on Tuesday, June 6 th from 5 to 7PM; training will be scheduled as soon as the 2017 DVD and hard-copy materials have been received; she noted that all previous training materials are to be discarded. 13. COMMITTEE REPORTS: SPACVB: Karcheski noted various planned projects and events. ROAD REPORT: work on Jackson North and South is underway; south Jackson has been widened to 24 due to use of the retriever. Cleveland has been improved as well; the farmer has hauled in 5 loads of road material on Buchanan; otherwise, it s been too wet to grade. 9. BUDGET ADJUSTMENTS COVERING SPECIFIC ROAD PROJECTS: Clerk/Treasurer Scheider presented, on the overhead, budget adjustments, as directed in the April 19 th minutes, which transferred $19, from the Highway Equipment Capital Outlay ( ) to Specific Roads 4

5 Projects ( ) to reestablish the budget of $25,700 and which transferred $637.01, again, from Highway Equipment Capital Outlay to Highway Salt & Salt/Sand ( ) to reestablish that budget to $35,000. While this action had been directed on April 19 th, Scheider asked for supporting action at this time. A motion by Karcheski and second by Firkus approved the budget adjustments as presented, the question was called and the motion carried unanimously. 14. RECONCILED BANK STATEMENTS, BUDGET COMPARISON AND ADJUSTMENTS, CASH SUMMARY: RECONCILED BANK STATEMENTS The banks have not yet issued 4/30/17 bank statements. BUDGET COMPARISON AND ADJUSTMENTS A budget comparison in the evening s meeting packet reflected the changes made to support agenda item 9; there were no further adjustments needed. CASH SUMMARY: A summary of the town s cash status as of 8:26AM reflected: Committed Funds at LGIP totaling $250, as follows: Park Equipment Replacement $ 4, Road Equipment Replacement $147, Office Equipment Replacement $ 4, Building Improvements Town Hall $ 11, Building Improvements Garage $ 5, Bridge Repairs/Replacement $ 25, Town Hall Furnishings $ 1, Street Restoration $ 30, Utilities $ 20, Uncommitted Funds totaling $615, the result of deposits at LGIP - $149,974.71, Associated Bank Money Market - $241,829.45, Portage County Bank Money Market - $220, and the General Fund Checking Account - $4, The Town of Plover Total Cash Balance stood at $866, DISCUSSION ONLY: OLD BUSINESS: Sterling Snow Plow with careful use should last another winter; other than the electronics, the truck is ok. Discussion whether converting the truck from electronic controls to hydraulics could be done in house. NEW BUSINESS: None. 16. FUTURE AGENDA ITEMS: Karcheski listed the SPACVB agreement, road projects, and the Little Library project. 17. TRANSFER FUNDS, PAY BILLS, & SIGN VOUCHER LIST: A motion by Rowe authorized transfer of $8, to cover checks #22324 thru 22349; with a second by Garbe, the question was called and the motion carried unanimously. 5

6 18. NEXT REGULAR TOWN BOARD MEETING DTE AND TIME: A motion by Rowe and second by Garbe set the next meeting for Wednesday, May 17, at 6PM; the question was called and the motion carried unanimously. 19. ADJOURNMENT: A motion by Karcheski called for adjournment at 8:25PM; with a second by Rowe and the meeting stood unanimously adjourned. Respectfully Submitted by: Joan Scheider Clerk/Treasurer Approved: MAY 17,