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2005 March 3/14/2005

REGULAR TOWN BOARD MEETING
MARCH 14, 2005
7:30 P.M.
LAKEWOOD TOWN HALL

This meeting was posted in the three usual places those being the Lakewood Town Hall, Lakewood Super Valu and the Timberwood Bank.

PRESENT: Tom Gryboski, Chairman. Don Bartels Jr. and Lee Spletter Supervisors. Virginia Nelson, Treasurer.

ABSENT: Joanne Roy, Clerk

VISITORS: Marlene Sauriol, Rose Kiefer, Joe Kiefer, Don Jackson, Robert Landwehr, Jerry Lowery, Jack Jeranek, Greg Weyers and Ted Schuurmans.

This meeting was called to order at 7:30 p.m. by Chairman Gryboski.

Tom stated he would like to move item #13 Pay Vouchers on the agenda to #8 and respectively move the remaining items down. With this change, a motion to approve the agenda was made by Lee, seconded by Don, all ayes motion carried.

Motion to approve the minutes of the February 10 and February 26, 2005 Special meetings, by Don, seconded by Lee, all ayes motion carried. Motion to approve the minutes of the February 14, 2005 regular meeting by Don, seconded by Lee, all ayes motion carried.

Treasurer�s Report: Given by Treasurer Nelson and summarized in these minutes.

Checking Account Beginning Balance: $ 21,797.08
Receipts: $ 30,238.31
Transfer in from Tax Account: $1,350,000.00
Total in Checking $1,380,238.31
Less Expenses: $1,233,341.36
Balance in Checking $ 168,694.03

Tax Account Beginning Balance: $1,291,124.20
Receipts: $ 222,463.19
Total in Tax Account: $1,513,587.39
Less transfer to Checking Account: $1,350,000.00
Balance in Ta Account $ 163,587.39

Cemetery Account: $500.00

Motion to approve the Treasurer�s report as presented by Don, seconded by Lee, all ayes motion carried.

Land Use and Zoning: Lee reported to approve a CSM for Doug Bergman on Munger Lake Lane. Motion by Lee, seconded by Don, all ayes motion carried. A recommendation for Linda Oshefsky from Edge Water Resort for a rezone from R1 to commercial, apparently this has never been changed along with this there is an out lot that is also recommended for approval. Lee moves that the rezone be approved from R1 to Commercial for Linda Oshefsky, seconded by Don, all ayes motion carried. A land use permit application for Gary Meyer and Mike Van Lannen was reviewed in the Twin Pines subdivision one for a retail space, for possibly a dollar store, with that dollar store there will be another unit. Lee moves that the conditional use permit for Mike Van Lannen and Gary Meyer retail space in the Twin Pines subdivision be approved, seconded by Don, all ayes motion carried. The second land use permit is for a fast food service located in the other unit in the Twin Pines subdivision. Lee moves that the land use permit for Gary Meyer and Mike Van Lannen for a fast food service located in the Twin Pines subdivision be approved, seconded by Tom, all ayes motion carried. From the committee Ted Schuurmans has an update for the Town of Lakewood Comprehensive plan. The County was working on funding to upgrade the Plan, he is not sure of the status of this. It is requested to notify the County that the Town of Lakewood is ready to go with this. The clerk is to write the county concerning this. The Land Use computer study is to be presented by Greg Weyers, objective is to get a computer with DSL and wireless internet capabilities for the Committee�s use with the SOLO system. Specifications were gone over with a project price of $3385.90.

Nine Town Meeting from March 11, 2005: Tom, Lee, Ted and Greg attended. The nine Towns agreed to investigate further a municipal judge position for this area. Lee will service on a committee to look into this further. Marinette does not have countywide zoning, compliance with State laws fall onto each Township that is why they are different from us. Also, discussed was the advertising of road limits all at one time. Further discussion on a Municipal Judge system. Ted and Greg are working on a letter limiting the development on small lakes that will be presented to the nine towns. Gigi stated that loading zones are to be established on Hwy 32 in front of Firelite and P.B.�s. The state will have to put up the signs. They will be in the no parking areas.

Land John 40 Plat: Fawn Lane approval will wait until after spring for approval.

A possible problem on Brook lane was mentioned.

Motion to pay vouchers by Don, seconded by Lee, all ayes motion carried.

No action on the municipal judge.

Employee job descriptions, etc, moved by Lee to table until the next meeting, seconded by Don, all ayes motion carried.

Appoint a Library Board member, Barb Konopacky of Lakewood would like to fill the position. She is a well-qualified former teacher, with a degree in reading. Motion by Don to appoint Barb Konopacky to the Library Board, seconded by Lee, all ayes motion carried.

Public Comment: Peter Liptack stated he would like to bring the Board up to date on where the revaluation was. On July 22, 2004 an expert assessment resolution was passed. What that resolution stated was that expert help would be employed by the Town to aid the assessor in the 2005 assessment process under the provisions of the WI stats. Based upon that resolution he proceeded to work on the 2005 assessment. The stats have specific duties in connection with the expert help. Responsibilities of the local assessor according to the statues an assessment board was created the expert help is R&R and me the local assessor. For the term of the contract, the expert help has the same powers and duties as the local assessor however, the local assessor is not relieved of any responsibilities. Sect 70.55 states when so appointed such expert help together with the assessor shall act as an assessment board and will act on any necessary items requiring action. For a reason the local assessor is encouraged to participate in every step of the revaluation process however, this may not be possible to do on a daily basis. The local assessor shall meet with expert help regularly to monitor the work. Peter meet with Mel Ratz and they agreed on specific duties one of these duties was to inspect all new construction, photograph and measure incomplete buildings. Therefore, he has gone out and done this work Statues state other duties during this process. Every step of the way Peter is looking over what is being done. If there are, any problems or error found Mr. Ratz and himself will have to work it out. The assessors responsibility during a revaluation has not been lessened therefore the municipality still needs a local assessor even though the �expert help� will be performing much of the assessment work. The municipality may not hire expert help to serve in a dual capacity as assessor and expert help. It is necessary for the governing body to meet with the expert help and the assessor to ensure progress and accountability. Under 70.55, the assessor is responsible for the assessment. In November a resolution was passed to appoint an assessor on June the 1st, Peter stated that he did not know about it. He continued to work in good faith. He filled candidacy papers, four days after he filled he papers he received notice that the elected position was eliminated. If it was your intent not to have a local assessor you should have not signed the expert help resolution. I have done this for over half of my life. I am a very firm believer that if the people wanted me out of this office they could do that, I do not feel good about how this has happened. Tom stated that the reason we did this is at the annual meeting it was unanimous that the position be moved to appointed. I am not accusing you of acting in bad faith. I am asking that you reconsider that November motion and allow me to fill out the term that starts April the 5th after the election. Nobody asked me to come in and explain anything that has to go on. There are Municipal responsibilities also, but you don�t know what they are do you? Lee, is the inspection of new construction in addition to anything that you would normally be doing? No for 2005, I would do them, but if I knew that as of June 1, 2005, it would be an appointed position I would not have done them. Lee, as the assessor your term of office does not expire until May 31, 2005 so it is you duty to this. Lee as an assessor your term of office runs to May 31, Peter that is correct. Lee During that time if you are the assessor, which you are you are responsible for these duties, you are not doing additional work as you make it sound. Peter I am making it sound like that because that is what I am doing by inspecting the new construction. Discussion on getting the expert help. You will have to work with the expert help until the end of your term. Peter is asking that the Board reconsider the motion that was passed in November. I am running for the office. The Town Clerk went to the County and stated that no information was to be given to me. Maybe that was an honest mistake to, which needs to be rectified. Don, nothing personal but at the annual meeting they voted to go to an appointed position, then you had a special meeting and they reversed that, how do we know what they really want. The one that was passed on Saturday can be changed according to the Statutes. People have a right to vote and by going back and rescinding the motion from the annual meeting would be taking away those people�s right to vote. Gerry asked how many people voted at the annual meeting. Lee stated that he did not know. Peter said there were 15 according to the record the clerk provided me with, but what I don�t have is an agenda to see if it was listed. Lee stated that at an annual meeting the people can bring up any issue within their power according to the State statutes. Peter that is correct but the assessor�s position can only be eliminated in two ways by referendum and by a Town Meeting. The annual meeting was not the place to bring that up. The only one that could ever determine that would be a municipal judge. Tom, we did ask our attorney and he stated that everything was done according to the law. ? asked why it was not posted on the November agenda, Tom stated it was. Peter did not know it because he did not see the agenda; he believes someone should have told him. Don in our own defense when the petition was served you must have known there were some unhappy people. Peter, no I felt that the people supported me. Tom stated that you are in the best position to negotiate a contract with the Town. Tom does not believe that the board should go against either meeting. If you�re not going to keep me on board the expert assessment resolution is in trouble. Peter believes he should not be in this position right now. It was a bad year. Is there any difference between an appointed assessor and an elected assessor, only on how you get there, statutory authority lies with an elected official, not an appointed assessor. Discussion.

Motion to adjourn by Lee, seconded by Don, all ayes motion carried, adjourned.

Respectfully Submitted,



Joanne Roy, Clerk


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