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TOWN BOARD MEETING TOWN OF NEWTON MAY 9, 2017
Our May meeting was held on May 9, 2017 pursuant to posted notices. Said meeting was called to order at 6:00 pm by Chairman Roger Busse. A verification of posting as well as an affidavit is on record with the clerk. The notice was also posted on our Town of Newton web site.
Present were: Roger Busse, Denise Thomas, Mark Knorr, Paulette Vogt, Barbara Pankratz, Mike Slattery, Dave Mueller, Charlie Bauer, Kim Tindall, Jeff Vogt, and Jason Gamble.
The meeting was opened with the Pledge of Allegiance recited by everyone present. Supervisor Denise Thomas made a motion to approve the previously submitted April Board Meeting minutes and the April Annual Meeting minutes. Supervisor Mark Knorr seconded the motion which carried.
Since there were no questions about the treasurer’s report, Supervisor Mark Knorr made a motion to accept the submitted treasurer’s report. Supervisor Denise Thomas seconded the motion which carried.
Public in-put was opened. Jason Gamble appeared before the Board to complain about the water accumulating on his property at 8316 Gass Lake Road. He believes the tile is crushed but does not know what is causing the water accumulation. Road Superintendent, Dave Mueller indicated that he talked to the County about moving ground so it will drain off of the yard and when it dries out Dave intends to dig the tile open at the property line and will get a truck with 600 feet of hose and will find the bad spots and repair accordingly. Jason indicated there are two bad spots now. Dave asked Jason when he would be home so that he could come over and look it over with him. The ground is very wet presently but the matter will be rectified.
There being no further public input said agenda item was closed.
Road Superintendent, Dave Mueller also indicated that he had received a certified mail notice from the State that the apron at the salt shed is cracked and needs repair. This item will be included in the road bids that will be discussed at this meeting. Also the concrete slab is finished at the Recycling Center. He also stated that he contacted Lakeshore Pests and they will spray twice this year for flys and spiders around the building.
Supervisor Denise Thomas mentioned to Road Superintendent Dave Mueller about the Amber Rupp trash situation and suggested that a certified letter be sent to her indicating she has five days to get rid of her garbage and if it is not done then just issue her a citation via certified mail which will alleviate her considering harassment issues with the town. Atty. Reynolds was contacted by Road Supervisor Dave Mueller and was told that unless varmints, critters and odor are present there is nothing to be done about the matter at this time. The Nuisance Ordinance was looked at by the Board to see whether or not this matter could be covered under that and it was addressed in the Ordinance.
There was a discussion about the TRIP Program between Road Superintendent Dave Mueller, Supervisor Denise Thomas and Supervisor Mark about the deadlines for road work and sealed bids for the same.
Road Superintendent Dave Mueller stated that the sign at the Recycling Center has the hours but not the word “Saturday”. Supervisor Denise Thomas told him that she would contact Jacob Holschbach to put Saturday on the sign. Superintendent Dave Mueller is waiting for the speed limit sign for Union Road which will be installed as soon as it comes in.
Law Enforcement Officer Dave Mueller also stated that he had issued a citation for a dog mauling chickens. The owner of the dog has the dog chained now and Dave that he has not heard any further complaints but he did receive a complaint about the dog barking which the Board indicated is a neighbor problem and nothing the Town has to deal with.
Water at 4701 Harley Road at the house which was purchased in December, 2016 was the next item to be discussed. The owners of the home called the Fire Department in April about water in the basement which was one inch deep which there was nothing the department could do about that. The water comes from the other side of CR and goes into a retention pond. Building Inspector Mike Slattery indicated that when it was a farm field it was like a lake. He stated that six inch tiles were put it and there is really no reason it should flood but obviously it is. The buyers were not informed about the water from the previous owners. Water comes up through the drains and through the walls. It was decided by the Board that it was not a town matter. The ditches are kept clean and no elevation of the ditch is different so there is nothing the Town can do about the matter.
Mike Slattery, Zoning Administrator submitted his report on his building permits for the month of April, 2017. He also submitted two zone changes that were approved by the Plan Commission at their meetings in May. One was for Peter Nass, 3298 Newtonburg Road, Manitowoc, WI request for a zone change from A-3 Farmland Preservation District to A-1 Agricultural/Rural Residential District on property he owns in the NE1/4 of the SW1/4 in Section 4, T18N, R.23E in the Town of Newton, Manitowoc County, WI.
The reason for the zone change request is to build a new house. Motion was made, seconded and passed by the Plan Commission on May 1, 2017 and approved by the Town Board by motion made by Supervisor Mark Knorr and seconded by Supervisor Denise Thomas at the May 9, 2017 board meeting. Motion carried.
The second zone change was for Leroy Waack, 6102 Waack Lane, Manitowoc, WI for a zone change from A-3 Farmland Preservation District to A-1 Agricultural/Rural Residential District on property located in the SW1/4 of the SW1/4 Section 16, T18N, R23E in the Town of Newton, Manitowoc County, WI. The reason for the zone change request is to build a new house. Motion was made, seconded and passed by the Plan Commission on May 8, 2017 and approved by the Town Board by motion made by Supervisor Denise Thomas and seconded by Supervisor Mark Knorr at the May 9, 2017 board meeting. Motion carried.
Treasurer Paulette Vogt turned over six dog collections to the law enforcement officer.
Supervisor Denise Thomas submitted an informational sheet on disposal of oil for town residents. The information was given to the clerk who will put the sheet under “Recycling” on the Town of Newton web site. Supervisor Denise Thomas also indicated that the recycling attendant, Jennifer Mundstock, had requested whether or not Ray Ross could help out at the Recycling Center as needed. The Board indicated that Ray Ross could help out as needed and he will be paid $13.75/hour.
The Emergency Plan update will be tabled until another meeting as it will take some time to review since the previous one is dated 2002
Supervisor Denise Thomas indicated that the clerk should send for a 2017 Board of Review DVD that Chairman Roger Busse will have to look at and take a test which has to be sent to the State so that he is certified to chair the Board of Review meeting for the Town of Newton which will be held on May 25, 2017.
Supervisor Denise Thomas said as far as the permits for the manure pipes and underground on the roads she has to get together with Road Supervisor Dave Mueller and Ed Downing to see whether the utility policy is first and bring that to the next meeting and have that as a follow-up. Then they can come up with a plan of attack.
Supervisor Denise Thomas informed Chairman Roger Busse that he should get the letters out about sanding and plowing private parking lots which should go to any parking lot that was plowed before since according to State Statute the town cannot plow any private parking lots.
There was a discussion as to who would receive the letters. Supervisor Denise Thomas suggested mailing the letters out now so that anyone that has to budget for this can do so. There was a discussion as to whether or not private driveways can be done or if they have to be charged . Treasurer Paulette Vogt said that this should not be taking away income from other people that do plowing. The matter was undecided about whether or not the town could do sanding. Treasurer Paulette Vogt indicated what properties were plowed and/or sanded. Chairman Roger Busse felt that the churches were public parking lots. Chairman Roger Busse will be attending a seminar on May 16th and he will verify the ruling with the attorney at the meeting and report back next month.
Supervisor Mark Knorr indicated that the new fire truck has arrived but it is not done. Supervisor Mark Knorr felt that money should be returned to the Town. Men went out to pick up the truck and spent eight hours but it was not finished when they drove it home. The sale of the old truck will be held up for now.
ATV and UTV matter is a go according to Supervisor Mark Knorr. At the Annual Meeting there was only one negative vote for the use of ATV and UTV’s in the Town of Newton. Supervisor Mark Knorr made a motion that the Town start the process of allowing ATV and UTV’s on the Town of Newton roads. Supervisor Denise Thomas seconded the motion which carried. Supervisor Mark Knorr also mentioned that signs and posts have to be installed on the roads which are costly. Supervisor Mark Knorr then mentioned that he received an anonymous call from a person who indicated that the statement for the signs and posts will be paid for. Supervisor Mark Knorr has received copies of ordinances from towns that do have ATV and UTV’s but he felt that our attorney, Kate Reynolds should draw up the ordinance.
The next item of business was the Ordinance appointing the Appointed Clerk to be a member of the Board of Review. Chairman Roger Busse made a motion to this effect. Said motion was seconded by Supervisor Denise Thomas and passed. The clerk Barbara Pankratz gave the Road Superintendent Dave Mueller three copies to be posted on the posting places. She will also post the ordinance on the web site for the Town of Newton.
Chairman Roger Busse will retain his cell phone provider since it is less expensive than changing from his provider to Cellcom. The clerk will reimburse Chairman Roger Busse for his cell phone upon receipt of the statement.
Chairman Roger Busse talked to Road Superintendent Dave Mueller about a tree on Carstens Road that should be taken down. The Road Superintendent talked to Ed Downing and they will take care of it. Chairman Roger Busse also mentioned about the pile of dirt South of the salt shed should be rounded off so that it looks decent. Road Superintendent Dave Mueller will take care of leveling it off. Chairman Roger Busse also mentioned about rumble strips to be installed on English Lake Road by Pine River Dairy. No decision was made at this time.
Road bids were discussed but after a long discussion about the same it was decided that nothing could be decided upon since the bids that were submitted were not complete and the bidders would have to re-bid. As a result the matter was tabled for now.
The Town Clerk Barbara Pankratz indicated that a statement from Stock Mfg. in the amount of $1,625. was received with a balance due of $0.00. She informed the board that a thank you card was sent out for this generous donation to the town.
Supervisor Mark Knorr made a motion to pay the previously approved statements submitted by the clerk. Supervisor Denise Thomas seconded the motion which carried.
There being no further business to come before the meeting we adjourned by motion made by Chairman Roger Busse and seconded by Supervisor Mark Knorr.
Barbara Pankratz, Clerk
BOARD OF REVIEW
MAY 25, 2017 - 5:00 pm - 7:00 PM
The Town of Newton Board of Review was opened by Chairman Roger Busse pursuant to notices posted on the Town of Newton web site, posted in the three official posting places as well as published in the Manitowoc Herald Times newspaper.
Motion was made by Supervisor Denise Thomas to appoint Roger Busse as chairman of the Board of Review. Said motion was seconded by Supervisor Mark Knorr and passed.
It was confirmed that at least one board member had received Board of Review training during the last two years.
Assessor Joe Denor of Fair Market Assessment was sworn in by the clerk. Immediately following the swearing in of the assessor, Laura Stecker of CNC Links as well as her representative, Attorney Robert Lange were sworn in by the clerk.
Objection forms were submitted in reference to two different properties owned by CNC Links which property has been assessed as two parcels but placed on one tax bill. Parcel numbers are 014-026-005-002.00 and 014-026-006-003.00. Attorney Lange indicated they had no problem with the value of improvements but felt that the land value is overstated.
1) Attorney Lange presented exhibits and stated that he felt that the land value is overstated in comparison with current assessments. His first exhibit stated that Section 70.32 of Wis. Stats. states that “real property shall be valued by the assessor in the manner specified in the Wisconsin property assessment manual provided under section 73.03(2a) from actual view or from the best information that the assessor can practicably obtain, at the full value which could ordinarily be obtained therefor at private sale. In determining the value, the assessor shall consider recent arm’s length sales of the property to be assessed if according to professionally acceptable appraisal practices those sales conform to recent arm’s length sales of reasonably comparable property; recent arm’s length sales of reasonably comparable property; and all factors that, according to professionally acceptable appraisal practices, affect the value of the property to be assessed.”
2) Attorney Lange also submitted Exhibit 2 which was a Real Property Valuation - Rules of Best Evidence - Wisconsin.
3) Exhibit 3 was also submitted which was a copy of order from the Wisconsin Department of Revenue dated October 29, 2015 explaining the value for the property based upon an appearance CNC Links made before the Department in Green Bay, WI. for the two parcels which objection forms were submitted to the Board of Review. This showed that the Department valued these parcels at $705,400. The valuation of agricultural land was addressed which is the issue for this meeting. Their determination of total assessed value for land and improvements was $705,400.
4) Exhibit 4 was from the Wisconsin Department of Agricultural Statistics which is information about land values in the State of Wisconsin from 2007-2016.
Assessor Joe Denor indicated his reasoning for assessing the land as he did and elaborated how swamp land, forests, tillable and non-tillable land are assessed and the comparables that he had for 2015 and 2016. In 2016 the price per acre averaged $9,679. including non-tillable land and he based his assessment on sales within ten miles of the CNC property. He questioned Attorney Lange about the comparisons he submitted being that aerial photos showed a small amount of tillable acreage. Joe Denor answered all questions posed by Attorney Lange after which he concluded his comments.
At this point the matter was submitted to the Board of Review to make their decision on the objections. The Chairman and Supervisors discussed the objections and Supervisor Denise Thomas questioned Assessor Joe Denor about valuations of property and land assessments and indicated that Laura Stecker’s values were low . Supervisor Denise Thomas discussed the average price per acre and indicated that she felt the Assessor’s appraisal was high and that valuation should come down using the 2016 values were more fair than the 2015 values and the Board should use the figure of $7,748. per acre. As a result the Board of Review determination was as follows:
1) Parcel number: 014-026-005-002.00 - 2017 Original Assessment:
Before determination: Land $210,200.; Improvements $440,400. Total: $650.600.
Parcel number: 014-026-005-002.00 - 2017 Final Assessment:
After determination: Land $166,400.; Improvements $440,400. Total: $606,800.
2) Parcel number: 014-026-006-003.00 - 2017 Original Assessment:
Before determination: Land $141,500.; Improvements $32,000. Total: $173,500.
Parcel number 014-026-006-003.00 - 2017 Final Assessment:
After determination: Land $108,900.; Improvements $32,000. Total: $140,900.
The Notice of Board of Review Determination on both of these parcels will be sent to CNC Links, 4925 County Road C, Manitowoc, WI 54220 by the clerk.
Motion was made by Supervisor Denise Thomas to adjourn the 2017 Board of Review. Said motion was seconded by Supervisor Mark Knorr and passed.
Barbara Pankratz, Clerk
COPIES OF PLAN COMMISSION MEETING MINUTES CAN BE OBTAINED BY CONTACTING LEE GLAESER (920) 726-4533.
Plan Commission Meeting:
March 6, 2017 K.Behnke L.Glaeser M.Knorr D.Reis M.Slattery E.Downing C.Bauer R.Sieben
The meeting was called to order by Chairman K.Behnke . Verification was noted and posted as required .
The agenda was distributed . A motion by D.Reis and a second by E.Downing to approve the minutes from the previous meeting was made . Motion carried unanimously. No public input was given.
Item # 5 The zone change issue of the I – 1 to R -2 at the 26 th Street area was discussed . K.Behnke stated that he received notification from one resident in the area that stated they were in favor of the change . Discussion occurred . A motion by D.Reis and a second by E. Downing was made to recommend the Zone change request for the following reasons: 1 ) The roads are not conducive to that type of heavy industrial traffic. 2) It fits the 2020 Town comp plan . ( see copy attached )
Item # 6 Tim Fettig owner of T & L Tactical of Manitowoc was present and discussed his intentions for the Antique Store at Hwy C and Hwy CR intersection. He is looking into buying the property for his store and shooting range . Discussion occurred .
Item # 7 Conditional use overview . Discussion occurred . We went through all the conditional use permits as stipulated and noted any problems .
Item # 8 Zoning Ordinance discussion K.Behnke gave an update on Ken Jaworski and the zoning ordinance . Items that were listed as to consider were as follows A ) fix the matrix B ) Chickens the amount , type and in what districts . C ) Regulate dirt tracks and set parameters D ) Seasonal habitants or campers E ) Home occupations F ) What the trigger is for ADA compliance . A motion by R.Sieben and a second by D.Reis to adjourn was made . Motion carried unanimously . Meeting adjourned 8 : 27 PM. Next scheduled meeting is set for April 3, 2017 at 7: 00 PM . Respectfully Submitted ; Lee J . Glaeser Plan Comm. Sec.
Town of Newton
Town Of Newton Plan Commission
K.Behnke L. Glaeser
February 6, 2017
The meeting was called to order by chairman K. Behnke at 6 : 00 PM . K.Behnke stated that E.Downing was excused. Verification of meeting was posted as required. A motion to approve the minutes from the previous meeting was made by D.Reis and a second by M. Knorr. . Public Input was opened and after no discussion then closed.
Item # 5 was the public Hearing for a zone change classification from I – 1 to R-2 . Public input was given . Discussion was on how this came about and the reasons behind it . K.Behnke stated the area is zone incorrectly from years past and to get this correct the town would like to have it zoned correctly due to the homes in that area. A question was asked about if someone wanted to start a business in the said area . Public input was closed . A motion by D.Reis and a second by M.Knorr to postpone the item till next months meeting March 6 ,2017. Motion carried unanimously.
Item # 6 was the Wisconsin Ag Education Center . They were coming before the commission to show the final plans and fill us in on developments . Roger Sinkula gave a handout on all the plans . ( see copy attached ).
Item # 7 was a certified survey for E.Downing . ( see copy attached) A motion by D.Reis and a second by M. Knorr to approve the survey as submitted . Motion carried unanimously . In March we will do the overview of the conditional use permits , along with the Zoning Ordinances and Issues . A motion to adjourn was made by C.Bauer and a second by D.Reis . Motion carried unanimously . Meeting adjourned at 7:23 PM. Next meeting is scheduled for March 6 ,2017 at 6:00 PM
Respectfully Submitted ; Lee J . Glaeser
Plan Comm. Sec.
COPIES OF BOARD OF APPEALS MINUTES CAN BE OBTAINED BY CONTACTING LEE HOLSCHBACH (920) 758-2731
Town of Newton
Board of Appeals
January 8 , 2017
Town of Newton Plan Commission
At a regular scheduled meeting of the Town of Newton Plan Commission a request was heard for a zone change from A-3 to A -2 for Justin Mc Cabe at 5424 Brunner Rd Manitowoc , Wisconsin . A motion to approve the request zone change was made by D.Reis and a second by E.Downing . The reasons are as follows ; A) To allow adequate space for a new septic system to be installed B ) To square off the lot and make the lot and farmland more accessible. Motion carried unanimously.
-By this action The Plan commission does hereby approve and pass this finding to the Town Board Of Newton for their approval.
Lee J. Glaeser Plan Comm. Sec.
- January 14, 2015
- February 11, 2015
- March 4, 2015
- April 21, 2015
- April 21, 2015 (Annual Meeting)
- May 13, 2015
- May 27, 2015 (BOARD OF REVIEW)
- June 10, 2015
- July 15, 2015
- August 12, 2015
- September 9, 2015
- October 14, 2015 (Proposed Budget Hearing)
- October 21, 2015
- Budget Hearing & Town Board Meeting November 11, 2015
- December 9, 2015
- January 12, 2016
- February 9, 2016
- March 30, 2016
- April 13, 2016
- April 19, 2016 - Annual Meeting
- May 11, 2016
- May 25, 2016 - Board of Review
- June 8, 2016
- July 13, 2016
- August 10, 2016
- September 14, 2016
- October 12, 2016
- November 9, 2016 Meeting & Proposed Budget
- December 14, 2016
- January 11, 2017
- February 8, 2017
- March 29, 2017
- April 12, 2017