TOWN OF ANGELICA

Monthly Meeting

October 10, 2005

Town Officials Present: Chairman, Richard Smith, Supervisors, Clifford Powers and Wilbert Lewis, Treasurer Lisa Matuszak and Clerk, Janet Powers

Town Officials Absent: None

Others Present: Joel & Diana Stark, Rick Raatz of R & R Assessing, Robert Tease of Onyx Waste Services, Jim Hartleben of Wittenberg Disposal, Steve Effert, Grant Wery, James & Nancy Rowell, Robert Banaszynski , John Kielar, Ronald Banaszynski and Bill Muck

Call to Order/Roll Call/Verification of Meeting Notice: Chairman Smith called the meeting to order at 6:30 p.m. followed by the Pledge of Allegiance. All officers were present for Roll Call. Smith verified with Clerk Powers that proper posting of the meeting had been done.

Approval of Prior Town Board Minutes: MOTION (Powers/Lewis/PASSED) to accept the minutes of the regular town board meeting of September 12, 2005, and the informational meeting held on September 27, 2005 in regard to drainage problems on West Town Road as presented by the Clerk.

Approval of Treasurer’s Monthly Report: The Treasurer’s report was presented to the board by Treasurer Matuszak showing balances as of September 30, 2005 of $19,912.68 at the Citizens Bank in Pulaski, $121,336.64 at the Premier Bank in Pulaski. MOTION (Lewis/Powers/PASSED) to approve the Treasurer’s report as presented.

Correspondence: Correspondence reviewed was (1) notices from the D.O.T. and D.O.R. that our 2006 transportation aids estimate is $112,111.02 and the D.O.R.’s estimate of the final shared revenue payment to be made in November is $78,037.00. (2) notice from the Wisconsin Department Commerce on receipt of plans from Graf Creamery for a storage warehouse addition (3) letter from the Wisconsin Towns Association regarding the state convention to be held in Stevens Point in late October (4) copy of Citizens Bank account balance for the Angelica Hillside Cemetery Association as of 8/31/05 (5) copies of land use permits issued by Shawano County for property in the town (6) notices of meetings of the Shawano County PD&Z, Land Conservation committees and the Board of Adjustment, and (7) newsletters from the Krakow Sanitary District and Pulaski Area Historical Society.

Reports from Town Officers: Supervisor Powers reported on two Shawano County issues in regard to operation of the County Park on Shawano Lake and the Capital Improvements Committee working on prioritizing needed capital expenditures by the County. Chairman Smith reported (1) the first binder coat of blacktop has been done on Willow Road and Town Hall Drive and driveways are now being done (2) a survey was done of the ditch on Town Line Road and the county will be cleaning out the ditch starting at the northwest corner of the Egnarski property and there should be enough drop to get the water to flow to the waterway to the south (3) a County Land Use Enforcement person has written a letter to the property owner who recently did excavating work on Green Valley Road informing him that after-the-fact permits will have to be obtained from the Town of Angelica, Shawano County and the D.N.R. or the pond that was dug will have to be filled in (4) he had received the budget from the Tri-County Fire Department which shows an increase of $22,050.00 over last year mainly because of increased cost of fuel, payment for meetings and initiating the payment of fire department officers, and (5) N.E.W. Para-Medic Rescue had provided seven-month financial figures shwing they are in the red by approximately $90,000.00 mainly because of double-staffing from March 1^st through June 30^th of this year, which double-staffing was not in the budget.

Clerk Powers reported on notice received from the State Elections Board that all items listed on a prior handicap accessibility survey as being in non-compliance would have to be corrected and a new survey completed confirming this provided to the State Elections Board prior to the receipt of the required handicap accessible voting equipment that will be provided by the State. Application can be made for a grant of up to $1,500.00 to do the work necessary to correct areas in non-compliance.

Report from Planning Committee Chairman: Town of Angelica Planning Committee Chairman Richard Ferfecki was not able to attend the meeting and Chairman Smith reported that the Planning Committee Chairman had approved CSM’s for property on County C and for 3 lots on County Road F.

Public Comments: John Kielar asked if the town had any way of imposing a fine for the washing out of cement trucks and leaving material in the town ditches. Steve Effert asked if any progress is being made in having “no passing” signs placed on State Highway 32 in the Krakow area.

Specific Matters for Discussion and Possible Action by Town Board in Open Session:

a. A petition to vacate a portion of Tony Street in Krakow had been presented to the town board and this was an agenda item for the September 12, 2005 town board meeting at which time the matter was tabled until the October 10, 2005 town board meeting. A draft of a resolution for discontinuance of a portion of Tony Street and a Quit Claim Deed were reviewed. The Quit Claim Deed had a provision that the existing ditch lying within the property to be conveyed may not be altered by the Grantee, their successors, heirs and/or assigns. Because the owner of the property on the west side of this area had agreed to have her portion of the discontinued area deeded to Joel and Diana Stark who own the property to the east, a provision was in the Quit Claim Deed stating that an existing fence which would then encroach onto the parcel being conveyed to the Starks could not be removed or altered at any time. The Starks had a question regarding who would take care of upkeep of the fence and its appearance if maintaining the fence was not being done by the property owner to their west. MOTION (Powers/Lewis/PASSED) to table this agenda item until the November town board meeting at which time a Quit Claim Deed should be brought to the town board for approval that is agreed upon by both the Starks and Debbie Holewinski.

b. Rick Raatz of R & R Assessing Services, presented the town board with three proposals for 2006 assessment work. Raatz informed the board that he expects the fair market value to be around 80 per cent this year and could be near 70 per cent next year. The town will have to bring its assessed values up to compliance by an absolute deadline of 2007. Proposal #1, with an annual cost of $11,400.00 is for maintenance only with the adjustment of assessments in the Lake Sandia area to more closely reflect sales in that area. Proposal #2, with an annual cost of $30,000.000, would revalue all real estate in the town to more closely reflect the fair market value based on market data and physical inspections would only be made on new construction and where there were questions about a property. Proposal #3, with an annual cost of $46,080.00 would revalue all real estate in the town and all improved real estate would be visited with the checking of measurements and new photos taken to update the computer data base. Proposals #2 and #3 would bring the town into compliance as mandated by the state but Proposal #1 would not. The last full revaluation of the town was done in 1998. A decision on acceptance of a proposal will be an agenda item for the November meeting.

c. Robert Tease, representing Onyx Waste Services presented the board with a proposal for pickup of waste and recyclables and informed the board that Onyx does provide for a fall and spring cleanup and disposal of used tires. Tease also indicated that there would be a fuel surcharge.

d. Jim Hartleben of Wittenberg Disposal presented the board with a proposal for pickup of waste and recyclables and explained the fuel surcharge. Wittenberg Disposal would also pick up furniture once a month at no cost, would provide for pickup of appliances for a fee of $10.00 and provide for disposal of used tires at rates of $3.00 for a car, $5.00 for a truck and $10.00 for tractor tires.

e. There was discussion regarding the price of garbage stickers. Presently the sale of garbage stickers and money received from a recycling grant pays for just under fifty per cent of the cost of garbage and recycling service to town residents. This will be an agenda item for the November town board meeting.

f. Steve Effert and Grant Wery of the Krakow Advancement Association brought the board up to date regarding improvements they have been working on at the Krakow Park. They said they would like to remove the soccer goals from the park as they interfere with the use of the ball diamond and asked if the board would be willing to sell the goals to the Advancement Association for $75.00 each and they in turn would then donate the two soccer goals to the Fairview School. It was also requested that something be put in the town’s budget to allow for improvements to the park over and above the cost of maintenance.

g. A bill of $145.00 for a fire call to the Jim Rowell property in Krakow was sent to Jim and Nancy Rowell. The Rowells were present and informed the board that they did not make a call to the fire department but rather a call from a passerby with a cell phone called the sheriff’s department and dispatch then called the fire department to respond. There was discussion about the problem of passerbys calling in about fires and having the fire department respond unnecessarily. MOTION (Powers/Smith/PASSED) to not charge Jim and Nancy Rowell the $145.00 for the fire call.

h. There was discussion and Chairman Smith explained the situation in regard to the added expense of over $10,000.00 to place tiling in the town road ditch from the intersection of Willow Road and Deer Drive to the north for over 1,600 feet because of a tile outlet from John Kieler’s property being in the town ditch at a depth of over six feet. According to state statutes, the town cannot block this outlet. Kieler did not come to the informational meeting for property owners in April nor did he respond to a letter written to him on July 7, 2005 asking him to contact the town chairman if he had any concerns about the Willow Road reconstruction project. The town was first aware of this tile when the contractor started working on Willow Road and Kieler pointed out the tile outlet. Then a decision had to be if there would be a ditch over six-foot deep or if a tile would be put in the ditch to allow drainage from Kieler’s tile outlet and provide a 4 to 1 slope as per specs. It was decided to lay a tile in the ditch because of the safety factor in having a ditch being over six feet deep. There was a question as to why the town board in 1985 would have allowed a tile outlet in the town road ditch that deep. Nothing could be found in the town board minutes referring to permission being given Kieler to have the tile outlet in the ditch. Kieler informed the board that back in 1985 when the tiling work was done it was done on a cost share basis with the town paying one-third of the cost, Kieler paying one-third and a neighboring property owner one-third.

i. There was discussion as to what roads should be reconstructed in 2006. Supervisor Lewis recommended doing reconstruction of Green Valley Road from Middle Drive north to Cuba Drive. Chairman Smith indicated he would like to see Beech Drive done two miles east from its intersection with County Road F. Supervisor Powers said the worst road in the town was Maple Road followed by the north end of Cedar Road, Beech Drive and portions of Green Valley Road. Paver patching of some of these roads was discussed and Chairman Smith indicated that the paving equipment is in our town right now doing driveways. Smith and Powers had measured portions of Maple, Green Valley and Main Street in Zachow that possibly could be paver patched. MOTION (Lewis/Powers/PASSED) to contact the County and arrange for paver patching on Maple Road, Green Valley Road and Main Street in Zachow and make a decision on where and how much reconstruction work to do in 2006 after more information on the 2006 budget is available.

j. There was discussion in regard to the cost of preparing, recording, obtaining and paying for road easements when reconstructing roads from a 3-rod road to a 4-rod road. Chairman Smith informed the board that according to state statutes a road is presumed to be 66 feet wide or 4-rods. MOTION (Smith/Powers/PASSED UNANIMOUSLY) to no longer pay for easements in reconstruction of roads from three to four rods as state statutes provide that a road is presumed to be a four-rod road unless a recorded Highway Order would provide for a different width.

k. Applications for three operator’s licenses from Cheryl K. Breitrick, William Graf and Matthew C. Hert were reviewed. MOTION (Smith/Lewis/PASSED) to grant Operator’s Licenses to the three people applying.

l. There was discussion regarding the drainage problem on the Roger Perret property on Green Valley Road because of a newly constructed driveway blocking water flowing in an existing drainage ditch and a concern that this pooling of water would create wetlands on the Perret property or neighboring property and also could cause damage to the town road. MOTION (Powers/Lewis/PASSED) to send a letter to Perret asking that he provide a culvert or tube under his driveway to allow the water to flow, inform him that according to State Statute 88.90 he could not obstruct the flow of water, and that the town would not issue any further building permits until a culvert or tube is installed under this driveway.

Specific Town Board Notice and Agenda for Upcoming Town Board Meeting: The next town board meeting will be held on the Monday, November 14, 2005. Items for the agenda would be (1) the approval of Resolution and Quit Claim Deed regarding the discontinuing a portion of Tony Street in Krakow (2) deciding on which proposal to accept regarding 2006 assessing services (3) deciding on a service contract for garbage and recycling pickup, the price of garbage stickers and putting a special charge on tax statements for these services, and (4) 2006 road reconstruction work and (5) bringing the town hall up to State Election Board requirements for handicap accessibility

Voucher Listing/Payment of Bills: MOTION (Lewis/Smith/PASSED) to approve vouchers No. 2897 through No.2926 as presented. A bill from a property owner on Hillside Drive was mailed to the town chairman in the amount of $290.13 for leveling, seeding, fertilizing and installing mulch rolls in the town road right-of way in front of the property. The general consensus of the board was to deny payment of this bill because it would set a precedent for future reconstruction work and the town did provide black dirt and seed for right-of-way areas in front of properties on Hillside Drive that were in grass before reconstruction work started.

Adjournment: MOTION (Powers/Lewis/PASSED) to adjourn the meeting. The meeting was adjourned at 11:05 p.m.

MINUTES TAKEN BY____________________________________________ Date_________________________

Janet Powers, Town of Angelica Clerk

The foregoing minutes were presented to and approved by the Town of Angelica Board of Supervisors on 11-14-05.

They were approved without correction approved with correction

ATTEST: ________________________________________________ Date _______________________

Town of Angelica Chairman