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January 20, 2010 Town Board Minutes
TOWN OF LIBERTY GROVE. SECOND JANUARY BOARD MEETING. WEDNESDAY, JANUARY 20, 2010. At the Town Hall, the meeting was properly noticed.
Agenda:
1. Call to order
2. Declare quorum
3. Approve agenda
4. Approve minutes: 1/6 Board, 1/11 & 1/13 Sp Bd
5. Treasurer report
6. Public input
7. Committees/commissions—reports
8. Discuss/consider adoption of well abandonment and cross connection control ordinance
9. Town roads:
A. Pursuant to Wis. Stat. 82.10 (2), consider introduction and adoption of resolution rescinding highway order of August 13, 2008 to open and work Old Stage Lane
B. Pursuant to Wis. Stat. 82.10 (3), consider resolution to set time and place of meeting to consider resolution presented in agenda item 9A
10. US Post Office on Garrett Bay Road:
A. Report on lease and lease amendment
B. Consider next steps to begin remodeling of building
11. Consider loan for aerial fire truck
12. Correspondence
13. Future meetings
14. Payment of bills
15. Adjourn
Chairman Lowry called the meeting to order at 7:00. Also attending: Supervisors Miller, Goss, Tidball, Forkert, Clerk/Administrator Kalms, Treasurer Johnson and 12 citizens.
Forkert/Miller to adopt the agenda as published. Carried 5-0.
Lowry/Goss to approve the1/6 Board minutes as presented. Carried 5-0.
Lowry/Miller to approve the1/13 Board minutes as presented. Carried 5-0.
The 1/11 minutes will be clarified and presented at the next Board meeting.
Treasurer report:
Bay Lake Municipal Checking 1,151,207.64
Bond 303,717.39
Checking 204,047.62
Totals 12/31/09 1,658,972.65
Miller/Goss to approve the treasurer report as presented. Carried 5-0.
Public input: Citizens wished to speak on items 9 & 10.
Committee/Commission reports. Health Safety Welfare: Miller said this committee will meet on January 27 at 8 AM. She said the Scenic Byways group is progressing and will meet on January 26 at 9 AM in Jacksonport.
Well abandonment and utilities ordinance. The well abandonment ordinance should be ready for passage on February 3. Door County Soil & Water would like to provide input on the wellhead protection ordinance, so this one may take longer to implement.
Town roads-Old Stage Lane. Lowry summarized the events leading up to this date: the highway order of 8/13/08 to open the unworked portion of Old Stage Lane; resolution 1-09 (Board sets conditions for Wayne Lautenbach to access his land through Old Stage Lane ); Resolution 3-09 (suspending extension of Old Stage Lane and withdrawing applications to Wis. DNR and Army Corps of Engineers); Resolution 4-09(extending time to install a freeze down road); on January11 2010 the Town’s attorney advises to clarify by rescinding the highway order of 2008 and recording this with the register of deeds; the Kahr family has offered Wayne Lautenbach an easement across the Kahr land to access Lautenbach’s land to harvest his timber. Kalms summarized the requirements of Wis. Stat. 82.10, under which the proceedings to rescind will be conducted. Procedures listed: introduction of a resolution; notification to affected parties and governmental agencies of time and date the Board will consider the resolution; filing of a lis pendens. Wayne Lautenbach spoke: Town opening itself up for a lawsuit; this has been 8 years in the process; need media here to show how ridiculous this is; the Kahr offer will not work because of a wet area to cross—there is not water on the Town road; this is a federal plotted road. Lowry reminded all that the road right of way is not being vacated—the Board is not proceeding with making a road. Harold Sunstrom said DC Planning maps show the area on the end of the road as being all wetland.
Resolution 2-10 was read by Lowry:
PURSUANT TO STATE STATUTE 82.10 (2):
The Liberty Grove Town Board hereby resolves to rescind the highway order of August 13, 2008, which was recorded with the Door County Register of Deeds on August 21, 2008, document #720962, which ordered that Old Stage Lane be opened and worked in the Town right of way which roadway is hereby described as follows:
A tract of land located in Sections 15 & 16, all in T31N R28E, Town of Liberty Grove, Door County, Wisconsin and being a 66 foot wide right of way 33 feet on each side and symmetrical about the following described centerline:
Commencing at the southwest corner of said Section 15, thence N 03 degrees 21’09” W along the west line of said Section 15 to the southerly terminus of present Old Stage Lane. All in SWSW section 15 T31N R28E, SESE section 16 T31N R28E.
A scale map of the aforementioned roadway, the land which would be affected by this resolution, is attached and is a part of this resolution as if fully set forth herein.
Tidball moved, Lowry second to adopt resolution 2-10. Carried on a unanimous 5-0 vote.
Resolution 3-10 was read by Lowry:
RESOLUTION 3-10
SET DATE AND TIME FOR HEARING ON RESOLUTION TO RESCIND HIGHWAY ORDER AND FOR GIVING OF NOTICE PURSUANT TO SEC. 82.10, WIS. STATS.
BE IT HEREBY RESOLVED, the Liberty Grove Town Board shall hold a public hearing to
consider a resolution to rescind a highway order of August 13, 2008, which was recorded with the Door County Register of Deeds on August 21, 2008, document #720962, and which ordered that Old Stage Lane be opened to parcels 018-01-22312822 and 018-01-22312823A. Said hearing will be held on March 3, 2010, commencing at 6:00 PM at the Liberty Grove Town Hall, 11161 Old Stage Road, Sister Bay, Wisconsin, 54234.
BE IT FURTHER RESOLVED, notice of the time and place of hearing shall be given via certified mail to: owners of lands through which the highway may pass: owners of land abutting the proposed highway; Wisconsin DNR; Door County Land Conservation Committee; Wisconsin Secretary of Transportation.
BE IT FURTHER RESOLVED, pursuant to Wis. Stat. 82.10 (4) a class 3 notice under ch. 985, Wis. Stats. shall be published.
Lowry moved, Goss second to adopt resolution 3-10. Carried on a unanimous 5-0 vote.
Post office lease and remodeling. Kalms reported that we are awaiting return of the signed lease and a determination on environmental issues, after which construction should be able to commence.
Loan for aerial truck. Johnson presented a couple options for financing the approved aerial truck for the fire department. Goss moved, Tidball second to pursue a 3 year loan with maximum interest of 3.75 to 4% in order to pay cash for the aerial fire truck. Carried 4-1, Forkert nay.
Miller/Goss to pay bills as presented. Carried 5-0.
Lowry/Miller to adjourn. Carried 5-0. 7:50 PM.
Archive:
September 8, 2010 Special Town Meeting
September 1, 2010 Town Board Agenda
August 25, 2010 Special Board Minutes
August 25, 2010 Public Listening Session
August 18, 2010 Town Board Minutes
August 17, 2010 Public Notice-Gills Rock Informational sessions
August 4, 2010 Town Board Minutes
July 21, 2010 Town Board Mtg minutes
July 21, 2010 Special Board Mtg minutes
July 14, 2010 Special Board Meeting Minutes