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TOWN OF NEWTON
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TOWN OF NEWTON BOARD MEETING
APRIL 9, 2019
The Town Board meeting of the Town of Newton was held on Tuesday, April 9, 2019 at the Newton Town Hall, 6532 Carstens Lake Road, Manitowoc, WI 54220 at 6:00 pm. pursuant to posted notices and placement of the notice on the Town of Newton web site (townofnewton.org).
The meeting was opened at 6:00 pm by Chairman Roger Busse. Present: Roger Busse, Chairman; Denise Thomas, Supervisor #1; Mark Knorr, Supervisor #2; Paulette Vogt, Treasurer; Barbara Pankratz, Clerk; Dave Mueller, Road Superintendent; Mike Slattery, Zoning Administrator; Bonnie Luckow, Ed Downing, and Larry Stock.
All those present joined in the recitation of the Pledge of Allegiance. The clerk stated that the agenda was posted by Road Supervisor Dave Mueller on the official posting places and that the agenda had been posted on the Town of Newton web site.
Mark Knorr made a motion to approve the agenda as posted. Said motion was seconded by Denise Thomas and passed.
Denise Thomas made a motion to approve the March board meeting minutes and said motion was seconded by Mark Knorr and passed.
The next item of business was the approval of the treasurer’s report. Denise Thomas questioned the fact that the treasurer’s reported figure for the committed fund was not the same as what was on record. Because the one on record was submitted by the auditor the treasurer stated she would change her figures to match the auditor’s figure. Roger Busse made a motion to approve the treasurer’s report which motion was seconded by Mark Knorr and passed.
The first item on the agenda was public in-put. Larry Stock questioned where he could get a copy of the monthly treasurer’s report as well as a copy of the minutes. The minutes are put on the web site after they are approved and the treasurer’s report can be obtained by contacting the treasurer. Larry also questioned about what was going on in reference to the County owned land matter. He was told to go to the County Board to find out this information.
Kevin Behnke, a County Board member, who was unable to attend our meeting because there was a County Board meeting tonight submitted a statement to the clerk asking that the statement be read to the Town Board and requested that the statement be recorded in the minutes in its entirety. The statement was read by the town clerk and stated as follows:
“Sorry I could not attend in person to voice my concern with the Town signing the Solid Waste Disposal Facilitation Agreement. I have a County Board meeting. Under the old agreement the Town was indemnified from all liability. Under section 7 the concerning part of that section was: 7. INDEMNIFICATION, MUNICIPALITY agrees to defend, hold harmless, and indemnify MANITOWOC COUNTY and its agents, boards, commissions, committees departments, employees, officials, and officers for any and all liability of every kind and character, including liability arising from or for actions, causes of action, costs, charges, claims, damages, demands, expenses, fees, judgments, liens, losses, obligations, penalties, proceedings, reasonable attorney fees, settlements, and suits, for injury to persons, death, or damage to property (collectively “CLAIMS”) arising in connection with or directly or indirectly out of this AGREEMENT, the MASTER AGREEMENT, and/or MUNICIPALITY’S collection, transportation, disposal, and/or delivery of waste. My question to you is what is the exposure to the Town of Newton in signing this agreement? Also is the Town’s insurance policy structured to cover environmental law suits against the Town? Why is the agreement different than the prior agreement? This is a 15 year agreement with extensions so the impact to the Town can be very catastrophic. Things should be checked out before the Town enters into this agreement. Thank you for your time.”
Town Resident – Kevin Behnke
There being no further public in-put business to come before the meeting said agenda item was closed.
The Board discussed the Recycling Agreement and the Solid Waste Disposal Facilitation Agreement in detail. It was suggested by Chairman Busse to have our attorney review the contracts but after a long discussion it was decided by the Board that our attorney reviewing both Agreements would not accomplish anything but an attorney bill since she would not be able to change any of the verbiage of either contract. Chairman Busse did check with our insurance carrier and was told that there is a limited pollution coverage under the GL enhancement coverage and it is for $100,000. The clerk was instructed to mail both agreements to the Recycling Center.
Dave Mueller, Road Superintendent gave a map report to the Board indicating proposed crack filling for Gass Lake Road from County C to Carstens Lake Road and Clover Road from South 26th Street West to Gass Lake Road. Also, there are several cracks on the road from County CR to Gass Lake Road . After the crack filling then slag fill would be put on the roads.
Dave is also going to meet with the County in reference to some ditching. Dave also indicated he is working on the trailer for plastics for the Recycling Center and the same should be going to Stock Mfg. for painting this week.
Another complaint was received in reference to Newton Road and Dave met with a representative of the DNR because of it. The DNR took some pictures and they are keeping an eye on the matter.
Paulette Vogt, Treasurer gave Dave, law enforcement officer, a list of the twenty-seven dogs that were not licensed. She also indicated she had a personal property bill outstanding in the amount of $1,737. that she is trying to retrieve. Since the property does have a conditional use permit it was suggested that they be told that the same would be revoked if no payment is received which might prompt payment of the bill.
Supervisor Denise Thomas received a call from a resident who had received a warning from a police officer while riding his ATV on what he thought was an ATV route in Newton but apparently it was roadway owned by the Town of Manitowoc on one side and Newton on the other. Supervisor Mark Knorr told Chairman Busse to check with the chairman of the Town of Manitowoc to work this out.
That section of South 26th Street borders Town of Newton but totally belongs to the Town of Manitowoc and is listed on the official State map as such – one-half Newtons.
Supervisor Thomas also mentioned about the electronic drop off scheduled for April 20th. Chairman Busse inquired as to where the money would come from for this and Denise indicated it could come from the Recycling Fund. Roger stated it was not in the budget plan.
Zoning Administrator, Mike Slattery gave a detailed report to the Town Board of remodeling projects, conditional use permit application, additions, new home, and a variance hearing.
The next item of business was three zone changes submitted by Zoning Administrator Mike Slattery upon recommendation from the Newton Plan Commission who met on March 4, 2019 and approved submittal of these changes to the Town Board. Upon motion made by Supervisor Mark Knorr and seconded by Supervisor Denise Thomas the following zone changes were approved by the Town of Newton:
1) A zone change request by Roger Bauer, 7617 South Union Road, Manitowoc, WI to rezone a 1.55 acre parcel from A-3, Farmland Preservation, to A-1, Agriculture/Rural Residential District. The parcel is located in the NE1/4 of the SE1/4, Section 19, T. 18N., R.23 E. The reason for the change is a new home.
2) A zone change request by the Town of Newton Plan Commission, 6532 Carstens Lake Road, Manitowoc, WI to rezone a 4.48 acre parcel from R-2, Residential District, to B-1 Business District. The parcel is located in the NE1/4 of the NE1/4, Section 2, T.18N., R.23 E. The address is 2743 CTH. CR. The reason for the change is this parcel is being run as a business and a change will better fit the Town’s Zoning Ordinances.
3) A zone change request by the Town of Newton Plan Commission, 6543 Carstens Lake Road, Manitowoc, WI, to rezone a .69 acre parcel from R-2, Residential District, to B-1, Business District. The parcel is located in the NE1/4 of the NE1/4, Section 2, T18N., R.23 E. The address if 2716 CTH. CR. The reason for the change is the parcel is a better fit for business zoning.
Supervisor Mark Knorr indicated that Kenneth Jaworski is resigning from Martenson & Eisele firm and that although there was no official agreement signed by the Town and the firm of Martenson & Eisele and since Mr. Jaworski is joining another like firm the Plan Commission wants to continue to work with him after he changes employers. The Board agreed to this and Mark will contact Mr. Jaworski when he starts with the other firm.
Supervisor Mark Knorr also indicated to the board that the Fire Department was questioning if they could build on to their present building to the East which they would like to do if they would be able to obtain a grant. Mark stated that he told the Fire Department that they would not be receiving any funds from the Town at this time so it would be up to the Department to finance an addition which was ok with the Town Board.
The Board discussed setting up a meeting to talk about upcoming road work in the Town which matter would have to be put out for bids. It was decided that the Board would meet at 11:00 a.m. on Monday, May 6, 2019 to view roads. Our May meeting will be held on Wednesday, May 22, 2019 which would give Road Superintendent Dave Mueller time to obtain bids for the road work to be done and at that meeting it would be decided what road work would be done. Notices will be posted on the posting boards as well as on the web site by the clerk.
Denise Thomas, Supervisor made a motion to go into closed session to discuss personnel matters pursuant to posted notice and Wisconsin Statute 19.85. Supervisor Mark Knorr seconded the motion which carried.
Immediately following the closed session Denise Thomas made a motion to go into open session. Said motion was seconded by Mark Knorr and passed.
Denise Thomas made a motion to pay the statements submitted to the Board previous to the meeting. The motion was seconded by Roger Busse and carried.
There being no further business to come before the meeting it was adjourned by motion made by Roger Busse and seconded by Mark Knorr. Motion carried.
Barbara Pankratz, Clerk
TOWN OF NEWTON
APRIL 16, 2019
The Town of Newton Annual Meeting was opened at 7:00 pm pursuant to posted notices at the official posting places as well a notice on the website.
After reciting the Pledge of Allegiance led by Charlie Bauer, Chairman Roger Busse asked if there were any additions to the agenda for the evening. There being none the minutes of the previous annual meeting were approved as read by motion made by Ray Ross which was seconded by Tom Hochkammer and passed.
Chairman Busse asked if there were any questions about the Annual Report. Larry Stock questioned the fund balance. Our financial report is prepared by our auditor of many years and the Town is comfortable with their reporting of all financials for the Town. Our system is on a cash basis and that is put in the report. Motion was made by Ed Downing to accept the same as presented. Donald Schuette seconded the motion which carried.
Chairman Busse asked if there was any old business to come before the meeting and there being none said agenda item was closed.
Bob Ziegelbauer, County Executive was the first speaker. He thanked the town for the invitation to speak at our Annual Meeting. He indicated he had handouts for the County Parks, County maps and directories of the local offices on up to the president. If anyone has any questions they can contact him at any time. He stated that Manitowoc County was in a strong financial shape. We have a County long term financial plan to hold the line on taxes while continuing to maintain county roads and equipment and another example why the County does not need a sales tax as we have all of the taxpayers we need and we can hold the line on taxes for a long time. Transportation is again our main focus his year . The big project on County R with the bridge proceeding on schedule. The widening of the road and the bridge is a nine-million dollar project. The County will have a resurfacing project of fourteen miles of four lanes this year and one additional bridge replacement and the Meijer project will be starting this month. We also have a newly elected sheriff as well as a new County Clerk and a new County Treasurer. Jim Luckow questioned the sale of property on Hecker and Viebahn Street and questioned whether town officers were invited to the meetings about this property and he as told that they as well as anyone else could attend the meetings. Mr. Luckow questioned whether the City is considering making an offer on the land to expand their Industrial Park. Bob indicated thought it would be used for farmland for a long time and the County Executive has the power to say whether or not the land is sold.
Chairman Busse gave a report on Carstens Lake Road and talked about future projects on roads including the Newton Road project on which there is more work to be done. Ray Ross stated that the project on Newton Road resulted in silt running into a natural lake and not into a manmade pond. Chairman Busse indicated the Town Board and Road Superintendent will be viewing roads for work to be needed in May.
Chairman Busse thanked everyone that advertised in the Annual Report and Fall Newsletter (Newton Notes) which helps defray expenses for printing and mailing. He also thanked members of the Board of Appeals, members of the Plan Commission who were asked to stand and acknowledged by applause. He also thanked the people who were election workers and those who voted for him.
Supervisor Mark Knorr thanked the members of the Plan Commission who have worked very hard o the zoning ordinance for the Town. The ordinance can be found on the Town of Newton web site under “Ordinances”.
Lee Holschbach thanked the members of the Board of Appeals for all of their work throughout the year.
Supervisor Denise Thomas thanked everyone for their support. She indicated there would be an electronics collection on April 20th from 8 am to 3 pm at the Recycling Center for citizens of Newton and Centerville limited to two televisions per household as well as any electronics. No dehumidifiers or anything with refrigeration would be accepted. She is hoping that the event will be a yearly collection event. Names and addresses will be taken and there will be cost to the citizens of Newton and Centerville or to either town board.
Dave Mueller, Law Enforcement Officer gave a report on his position as well as a message about lost dogs indicating that Friends of Newton Face Book is a successful source for locating a lost dog. He stressed that dog owners should have tags on their dogs.
Tom Hochkammer, Fire Chief indicated it was another busy year for the Newton Fire Department. A report is in the Annual Report. He stated that there were improvements at the Newton Fireman Community Park and that the Fire Department had acquired a new set of Jaws of Life. The Fire Department had received money from the Ant Hill Mob and the department had raised approximately $14,000.00 from the Annual Bowling Fund Raiser for Children’s Hospital. All members of the Fire Department stood and were recognized by applause.
Mark Knier of the Newton First Responders stated that they also had a busy year with one hundred thirty-six calls which averages to 2.6 calls per week. He also stated that they had received $15,000.00 from the Ant Hill Mob were able to purchase a new defibulator and traded in the old one. Their membership is down to seven people and anyone interested in becoming a First Responder should contact one of the members. All members who were present stood and were applauded.
Dave Mueller, Road Supervisor gave a very informative presentation on how wild parsnip weed affects our area. During the last two years $3,000.00 has been spent each year. He requested anyone that has wild parsnip on their property to contact him and urged the residents to cut it themselves. It looks like Queen Ann lace but it is yellow whereas Queen Ann lace is white. The project also is trying to eliminate phragmites which the Lakeshore Natural Resource Partnership, a qualifying non-profit organization with an approved accounting system, has anticipated investment of over a million dollars on this invasive. The LNRP is asking townships for a minimum donation of $2,500.00 to assist in this project. According to our attorney a motion from the floor at an Annual Meeting is necessary in order for the Town to approve said donation. Larry Stock made a motion to allow the Town Board of the Town of Newton to donate the sum of $2,500.00 to the Lakeshore Natural Resource Partnership for this project. Mark Dempsky seconded the motion which carried. Chairman Busse indicated that said amount would be included in the Town of Newton’s 2020 budget.
There are spruce trees on Gass Lake Road in the Town’s right-of-way. Ron Ratajczak contacted Chairman Busse indicating that if someone would like the trees they should take them before the Town cut them off. They are not on his property but he really doesn’t want to see them cut off if someone could use them.
Chairman Busse asked for a motion from the floor to authorize the Town to borrow money and to retain Bank First National as our bank. Bob Lutze made said motion which was seconded by Tom Hochkammer and passed.
Charlie Bauer made a motion to adjourn this Annual Meeting until April 15, 2020. Ray Ross seconded the motion which carried.
Barbara Pankratz, Clerk
COPIES OF PLAN COMMISSION MEETING MINUTES CAN BE OBTAINED BY CONTACTING LEE GLAESER (920) 726-4533.
COPIES OF BOARD OF APPEALS MINUTES CAN BE OBTAINED BY CONTACTING LEE HOLSCHBACH (920) 758-2731