Wednesday, December 7 2005
TIME: 7:00 p.m.
LOCATION: at the Town Hall
PLEASE TAKE NOTICE that the Taycheedah Town Board will conduct a public hearing on Wednesday, December 7th, 2005, at 7:00 p.m. for the purpose of considering a petition filed for the detachment of the following described properties from the Taycheedah Sanitary District No. 3-St. Peter Area Sanitary District:
• W4091 McCabe Road, T20-16-18-28-07-002-00, Section 28, a part of the SW 1/4 of the NW 1/4, T16N R18E, Lot 1 CSM#3923-22-2, owned by Wehner Revocable Trust.
• W4090 McCabe Road, T20-16-18-28-10-002-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, Lot 1 CSM#129-1-129, owned by Joseph L. Dixon.
• N7869 Fine View Road, T20-16-18-28-10-004-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, owned by Clarence M. Schaefer.
• N7837 Fine View Road, T20-16-18-28-10-007-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, CSM#3058-16-144, owned by Gerald J. Schmitz.
• N7791 Fine View Road, T20-16-18-28-11-003-00, Section 28, a part of the SW 1/4 of the SW 1/4, T16N R18E, Lot 2, CSM#2608-14-28, owned by Kenneth J. Feyen.
• N7812 Fine View Road, T20-16-18-29-13-004-00, Section 29, a part of the NE 1/4 of the SE 1/4, T16N R18E, Lot 2, CSM#1550-9-50, owned by Kenneth J. Sippel II.
• N7883 Fine View Road, T20-16-18-28-10-003-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, Lot 2, CSM#129-1-129, owned by Eugene J. Beck.
• W4144 McCabe Road, T20-16-18-29-13-006-00, Section 29, a part of the NE 1/4 of the SE 1/4, T16N R18E, Lot 1, CSM#3402-18-125, owned by Donald A. Whitby.
• N7855 Fine View Road, T20-16-18-28-10-005-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, owned by Gregory A. Smith.
• N7820 Fine View Road, T20-16-18-29-13-005-00, Section 29, a part of the NE 1/4 of the SE 1/4, T16N R18E, Lot 3, CSM#1550-9-50, owned by George M. Vermillion.
• T20-16-18-28-10-010-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, Lot 1, CSM#5489-34, owned by Richard J. Miller.
• W4069 Linden Drive, T20-16-18-28-10-062-00, Section 28, a part of the NW 1/4 of the SW 1/4, T16N R18E, Lot 23, CSM#6120-41-9, owned by Richard J. Miller.
• N7888 Fine View Road, T20-16-18-29-13-008-00, Section 29, a part of the NE 1/4 of the SE 1/4, T16N R18E, Lot 2, CSM#6632-46-28, owned by Brett A. Hunt.
Dated the 17th day of November, 2005.
Brenda A. Schneider
The Town Board of the Town of Taycheedah met for a public hearing on Wednesday, December 7th, 2005, at 7:00 p.m., at the Town Hall for the purpose of considering a petition filed for the detachment of 13 properties in the Fineview Road/McCabe Road area from the Taycheedah Sanitary District No. 3. Members present were Chairman Jerry Guelig, Supervisors Tim Simon, Mike Wirtz, John Abler and Jim Bertram. Clerk Brenda Schneider was also in attendance
Call to order. Chairman Guelig called the public hearing to order.
Wis Stats 60.71(6) requires the Town Board to issue its’ decision (with written findings) within 30 days of the public hearing. Wis. Stats. 60.71(6)(b) requires that the Board compile written findings that must include supporting evidence to the following statements: 1) The proposed work is not necessary, 2) the public health, safety, convenience or welfare will not be promoted and 3) the property in the district will not be benefited.
A detachment petition, pursuant to Wis. Stats. 60.785(1m), was filed by 12 property owners, representing 13 lots, in the Fineview Road/McCabe Road area. It was noted that a majority of the detachment petitioners were represented on the petition to form the District several years ago.
Petition Tom Wehner addressed the Board. Mr. Wehner is of the opinion that the petition area is an island that would be costly to sewer for such few homes. He wants the area to be treated as the other two areas that were removed by the Board in 2004. Mr. Wehner further commented that they are an island paying for equipment they can’t use.
Petitioner Don Whitby questions the fairness of charging an extra subsidy for someone elses’ services.
Chairman Guelig stated that everyone is subsidizing the project. He further commented that a group on Mengel Hill Road wanted out of Johnsburg Sanitary District; the Board said no. He believes that approving this request would set a precedent. Chairman Guelig suggested they approach the District for service.
Sanitary District President Bill Gius added that property owners will pay for extensions that may be considerably more than the Phase1 $11,000.00 assessment.
Board Member Tim Simon commented that 10 of the 13 parcels were represented on the petition to the form the District. Mr. Wehner claimed that the formation petition was misrepresented and that scrutinizing those petitions would be a can of worms.
President Gius commented that he questioned Attorney John St. Peter about Mr. Wehner’s claim that he (John) supported the detachment. Attorney St. Peter emphatically denied supporting the detachment.
Chairman Guelig commented that the pipe is across the road and that the District should be able to borrow the money to extend the pipe.
President Gius stated that the District is in the process of re-financing their loans. He added that they need to reduce their debt before extending the pipe. He further added that the District is at its’ borrowing capacity and that additional subdivisions are helping to reduce the debt.
Petitioner Wehner stated that everybody in the Town of Taycheedah should be supporting the District.
President Gius informed the group that engineering and infrastructure charges have been incurred for the entire District; which justifies support being paid by the tax levy.
Petitioner Wehner commented that there is no time or date established for service to the area and that they may never get the sewer. He made an accusation that the District wants larger lots to keep paying the taxes.
December 7th, 2005 Special Town Board Meeting 2.
Chairman Guelig believes the District should be able to increase their debt yearly and look at extending the sewer
Petitioner Wehner stated that they want the sewer now. They recognize that it will be more expensive in the future.
President Gius commented that the District would need a request for a quote to extend the sewer and the requester would have to pay for the analysis of the costs of the extension.
Petitioner Wehner believes that the District is only concerned about servicing new subdivisions instead of servicing the existing homes.
Chairman Guelig responded that the Town Board has been requiring new subdivisions to be sewered so that we don’t have more problems.
An attendee questioned whether or not there is enough capacity. Chairman Guelig responded yes. The attendee asked about the City’s problems. Chairman Guelig responded that the City must update the treatment plant. The attendee questioned future plant capacity issues. Chairman Guelig responded that the City is required to take our capacity.
Dennis Lefeber referred to a newsletter he received in 2001 that stated his area would cost over $30,000.00 each. He was also told that his area would need a lift station that his neighborhood would have to pay to build.
Kathy Diederich, District Auditor, commented that the District was engineered as one district. All properties receive a benefit. She and the engineering firm are in the process of calculating the cost of the benefits to the unsewered area.
Board Member Mike Wirtz commented that the sewer came on-line December 2003. Mr. Wirtz asked the petitioners if they expected the sewer in two years. He further commented that the petitioners are asking the Board to create an island in the middle of the sanitary district.
Petitioner Whitby commented that if the debt is increased; the tax will never go away.
Board Member Tim Simon responded that not everyone benefits directly from school tax but everyone pays it.
Chairman Guelig wants to research the issue further. He wants to know when the mil tax can be removed and how much it would cost to extend the sewer to the petition area. Chairman Guelig wants the answers within 30 days.
Petitioner Wehner commented that no one can give them a date for the extension.
Chairman Guelig responded that capacity for them could be allocated elsewhere and may not be there when it is needed.
Kathy Diederich informed the group that the actual cost of Phase 1 was approximately $23,000.00 each; not $11,000.00. She added that everyone pays the tax because everyone has received a benefit.
Chairman Guelig announced that the Board will re-meet in 30 days to decide whether or not to approve the detachment petition.
Petition Wehner reiterated that he has asked the Commission when the pipe will come to his neighborhood.
Board Member Tim Simon commented that he believes the area doesn’t want the sewer; they want the mil tax eliminated. The 2006 mil tax has been established at $1.425 per $1,000.00 of assessed value.
The Board will meet on Thursday, January 5th, 2006, at 6:00 p.m. to make their decision.
December 7th, 2005 Special Town Board Meeting 3.
Adjournment. Jerry Guelig motioned to adjourn the public hearing at 8:11 p.m., seconded Mike Wirtz. Motion carried (5-0).
Brenda A. Schneider
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