Thursday, June 29 2017
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
Special Town Board Meeting
Call to order
Discuss Citation Authority
Discuss Zoning Administrator
Revisit Road Improvements
Approve Liquor Licenses
Kristin A. Marcoe, Clerk
SPECIAL MEETING BOARD MEETING
June 29, 2017
TAYCHEEDAH TOWN HALL
Member present: Chairman Joe Thome, Supervisors John Abler, Bill Gius and Tim Simon. Also present: Clerk Kristin Marcoe and Road Maintenance Manager Randy Rieder. Absent: Jim Rosenthal II.
Call to order:
Chairman Thome called the meeting to order at 7:00pm.
Approval of liquor licenses:
Motioned by Chairman Thome, second by Bill Gius to approve the following licenses:
- Pamela’s Bar & Grille
- Three Sheets
- East Shore Conservation Club
- The Welsch Restaurant & Ale House, LLC.
Motion carried (4-0).
Review & Revisit Road Improvements:
Chairman Thome stated during the June 12, 2017 monthly Town Board meeting that the numbers presented for road improvement costs were not totaled correctly. The total stated at the June 12, 2017 Board Meeting was $346,000 and should have been reported at $361,000. $350,000.00 is the budget for road maintenance. Due to the error in addition Chairman Thome and Randy Rieder discussed dropping the road work for Church Road ($34,000). The revised road improvement totals minus Church Road is $325,773.00. Chairman Thome advised keeping the road improvements below the budgeted amount even with extra work on the culverts. Motioned by Bill Gius, second by John Abler with the amendment to remove Church Road roadwork. Motion carried (4-0).
Citation Authority Discussion:
Chairman Thome informed everyone that this is a discussion to gather information, look at various options and obtain legal advice.
John Abler feels the constable should be allowed to write citations and briefly explained:
Prior to being part of the Lakeside Municipal Court the following procedures were in place
- A Citation is written
- Towns attorney involved
- Goes to circuit court
- Guilty: County disburses the money
Lakeside Municipal Court procedures:
- A citation is written
- Goes to Municipal Court (no attorney required, therefore no attorney fees)
- Fines are less
- If guilty; the towns receive a higher percentage of the fine disbursed if guilty
- Not guilty; goes to circuit court. The Towns attorney would be involved.
Examples of possible citations:
- Disorderly conduct (squealing tires, fights)
- Overnight parking
- Fire in the park, overnight in the park
- Garbage on personal property
Suggested the local police authorities take care of citations. Residents felt historically citations were biased, malicious and pinpointed certain individuals. Attorney fees were excessive in past years with violations regarding election signage. Noted that spring 2017 election signs were not within the town ordinance and nothing was communicated to the candidates. Similar historical concerns with dog citations were briefly discussed. Inconsistencies when some dogs were taken to the kennel and others were taken to their owners. The standard operating procedures were not followed and were revised based on who was issued the dog citation.
Citation Authority Discussion continued:
Chairman Thome suggested the procedure of when a citation is written it may be approved by the Chairman or Town Board. Chairman Thome reiterated we are here to collect information, examples, and scenarios and present it to the attorney for advice.
Jeff Burg shared the following procedures he currently follows for issuing citations:
- A citation is written
- Forward to the chief for review
- Chief will either dismiss or proceed to court, reviews reports and information provided
- Jeff is required to write a report and provide any evidence/information
- If proceeding to court and pleads not guilty, a meeting (pre-trial) is held right after court to negotiate an agreement/settlement.
Jeff mentioned if citations had to be approved by the chairman or Town Board the following scenario and related issues:
- An agenda item of ordinance violations is discussed a the monthly town board meeting
- A new citation is written a day or two after the monthly Town Board meeting.
- What date would be noted for the Municipal Court date?
- Court dates are generally two weeks out.
- Should the date be set a month later after the Town Board reviews?
- QUESTION: What added expenses would there be if the Town issued citations.
- A past email from Attorney John St. Peter was mentioned. Chairman Thome indicated a copy of the email was distributed to all Board Members.
Citation Authority Discussion continued:
John Abler added the Fond du Lac County Sheriff’s Department cannot keep Town ordinances enforced.
- Citations would be for town ordinances broken.
- Example: Lighting issues with the storage unit.
- Chairman Thome will research the Lakeside Municipal Court
- Tim Simon feels the Town Board should review the citations to determine if they move forward into court.
- John Abler felt with his law enforcement experience he would be the best candidate to review the citations instead of waiting for the monthly town meeting.
Constable Jeff Burg stated the Lakeside Municipal Courts schedule two court dates per month and prefers cases be reviewed within 3 weeks. In isolated instances, involving rare cases they can be extended more than two weeks (judge/jury on vacation).
Bill Gius reiterated there are rules to be followed (town ordinances). Citations would be issued if all other avenues are exhausted (letters, face to face visits, meetings, etc.).
- Example of a recent Burn Barrel Issue:
- A visit is required to try and resolve. If unable to resolve a citation would be issued.
- Issues will try to be resolved before citations are issued.
Past ordinances broken that needed citations:
- Bill Gius shared the following past citation:
- Disorderly conduct – went to municipal court, pled not-guilty, during inquiry phase the judge determined the plaintiff inadvertently admitted guilt resulting in a guilty verdict.
- Animal issues
- Past citations written by the constable were approximately one per month with the majority being animals running at large, repeat offenders.
- Municipal courts take some of the burden off the circuit court
Chairman Thome would like to talk to the town attorney about enforcing town ordinances.
Bill Gius recommends Chairman Thome meet with Attorney Parmentier to review the meetings discussions and address at the August meeting.
- Suggested giving a verbal warning which would be followed up with a letter from the clerk’s office instead of involving the attorney which would create additional expenses.
- Liability insurance should be reviewed and make sure coverage is adequate
- Paul Birschbach stated the Town of Taycheedah’s Ordinance Chapter 1, General Penalties (Section 1-1- 6) explains about penalties, number of offensives and fees. Chapter 2, Issuance of Citations (Section 1-2-1) states law enforcement and town officials are authorized to issue citations. Chapter 2 (Section 1-2-5) indicates the town constable, building inspector and zoning administrator can also issue citations. He stated he works with attorneys frequently. The attorneys have a statute stating a response is needed within a specified time frame for an inspection. Paul felt citation power for the building inspector was not needed.
Chairman Thome has been in contact with both Jeff Sanders and Paul Birschbach.
Both submitted proposals to Chairman Thome
Zoning Administration has changed over the years and is very complex. Zoning Administrators have to be able to comprehend the following:
- Zoning code Section 13
- Subdivision code Section 14
- Building code Section 15
- Appropriate forms and duties and responsibilities per code
- Overall administration and affirmation codes
- Assesses the general public, the applicant, the developers, and representatives with zoning inquiries, proposals and applications
- Review all building permit applications and site plans
- Determine compliance with the provisions and affirmation codes, compliance includes but not limited to
- land use, structure set-backs, minimum/maximum square footage, and limitations on structures
- Direct individuals to agencies or proper agencies for other needed permits
- Notifies applicant if project not in compliance with town standards
- Assists with appropriate alternative procedure of appeals or any other administrative remedies necessary to gain compliance
- Maintains a complete file of permits and site plans approved
- Communicates with town board, plan commission, board of appeals, in reference to rezoning, CUP’s and variances
- Communicates and advises with the town board of all certified survey maps, preliminary maps, final plat and compliance with the affirmation codes
- Responds to requests for information
- Reports to town board zoning issues relative to the administration of the affirmation codes
- Develops recommendations regarding amendments to the codes
Paul Birschbach has expressed the following:
- Rezoning, Preservation zonings and CUPs can be handled by Jeff Sanders
- Day to day permits and questions he would like to continue assisting the town.
Town of Taycheedah currently has $5,000 in the budget for a zoning administrator.
Chairman Thome shared the Town of Empire’s current procedures for a new structure:
- Obtain building permit
- Town sends plans to an engineering consulting firm (Gremmer & Associates) for review of:
- Foot prints, setbacks, if subdivision - looks at grades, height of house, shore land zoning, etc.
- Charges for this review are incorporated in the permit to the owner
Bill Gius inquired about compensation when a call is received by Paul (for example garage permit)
- Paul explained is compensated based on completed job. His rate is 1/10 of 1% with a minimum charge of $45.00.
- Currently a 250k home, made few phone calls with the chairman accumulating a few hours of research between them. Continues to charge $45.
Jeff Sanders charges by the hour ($85/hr.).
Tim Simon inquired about time taken to answer questions and the project doesn’t move forward, therefore how would we collect the money to pay Jeff Sanders hourly rate
The possibility of giving Paul Birschbach a flat rate of $5000 per year
- Paul not opposed to this and suggested a flat fee be added. A percentage of this fee would go back to the town to offset his rate of 1/10 of 1%.
- Tim asked if the town has to show back up information that the fees collected were used to cover the costs of the permit.
- Paul has seen excessive fees charged and feels a couple hundred would suffice in place of the current $25
- If Paul is required to attend a plan commission meeting he would charge a flat rate fee to attend these meetings in addition to the 1/10 of 1%. If the Town prefers flat fees meetings would be included and he would redefine his proposal. Paul prefers not to do an hourly rate.
John Abler agrees with Tim Simon about the projects that don’t move forward but time was spent answering questions, therefore no compensation collected. The possibility of off-setting this would be to receive additional compensation for the ones moving forward to make up for the time spent on the ones that did not.
Bill Gius feels the combination of the two would work well. The flat rate of $5000 to Paul Birschbach as a contractor to the Town with a “rebate” (flat fee discussed above) for each project moving forward. Paul will continue to charge the 1/10 of 1% with a portion going back to the Town up to $5000. Anything over goes back to the regular split.
- Paul not opposed to a flat fee
- Chairman Thome agreed with the rates above and would like to try this for one year and see how it works
- Jeff Sanders to remain in the loop for farmland preservation, training for plan board, board of appeals and the town board. Chairman Thome also suggested having Jeff help with rezoning.
- For example assisting with the legality of rezoning properties and CSM approvals. A fee ($85/hr.) would be charged to the resident before moving forward.
- Base farm tracks would be another area for Jeff Sanders
Paul Birschbach will provide the Town with a new proposal incorporating the suggestions above with a fee structure and cap.
Chairman Thome will talk to Jeff Sanders about his proposal.
Motion to adjourn by John Abler, second by Bill Gius. Motion carried (4-0). Meeting adjourned at 8:45pm.
Kristin A. Marcoe