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TOWN OF SHERMAN BOARD OF SUPERVISORS
OFFICIAL PROCEEDINGS OF THE PUBLIC HEARING
Silver Creek Fire Department/Town of Sherman Office
W6566 State Highway 144
Tuesday, August 3, 2010
7:00 p.m.
PLEASE TAKE NOTICE that the town board of the Town of Sherman will consider the creation and passage of an ordinance entitled “Title 11, Chapter 3 Distribution of Handbills and Newspapers”, and an amendment to Ordinance 2.3 “Building and Other Permits” at 7:00 p.m. on Tuesday, August 3, 2010 at the town hall.
Town Chairman William Goehring opened the Board o f Supervisors Public Hearing at 7:00 p.m. at the Silver Creek Fire Department, and asked for public comment. The meeting was held in compliance with the open meeting law having been posted at the National Exchange Bank in Adell, Adell Mini Mart, Midway Mart and the Silver Creek Fire Department.
Those in attendance included Chairman William Goehring, Supervisors William Miller, Lester Miller, Jim Fahney and Robert Boehlke. Clerk/Treasurer Klatt, Former Sherman residents Kerry Prom and Eileen Burg, Sherman residents Jim Shultz, Jim Ellis, Building Inspector Walt Grotelueschen, and Reporters Rodney Schroeter and Bernadette Mondloch.
Resident Jim Ellis stated that he felt the handbill ordinance was a good one. “(Handbills) are very problematic and a nuisance. I have actually called the distributors of these papers and asked that they do not deliver to my residence, but have not heard back.”
A possible fine if the ordinance was violated was discussed.
Town Chairman Goehring then explained the purpose of the second proposed amended ordinance to the zoning code. “This ordinance states that you would not be allowed to build a garage or other accessory building prior to building the house.”
Resident Jim Schulz stated that “I would not be real opposed; there have been some instances in the township.” Supervisor Boehlke responded with “(the town) is trying to avoid garages turned into homes and not being taxed properly.” Resident Jim Ellis asked “Should there be something in the ordinance stating some sort of inspection to make sure that no one is living in the shed or garage?” Reporter Rodney Schroeter asked “Are there laws or a means to enforce this (proposed ordinance)? If it were to happen (residents living in garage/shed) do you have any recourse?”
Hearing no further comments, Chairman Goehring closed the public hearing at 7:26 p.m.
TOWN OF SHERMAN BOARD OF SUPERVISORS
OFFICIAL PROCEEDINGS OF THE MONTHLY MEETING
Silver Creek Fire Department/Town of Sherman Office
W6566 State Highway 144
Tuesday, August 3, 2010
7:00 p.m.
1. CALL TO ORDER: Town Chairman William Goehring opened the Board of Supervisors Monthly Meeting by calling to order at 7:26 pm at the Silver Creek Fire Department. The meeting was held in compliance with the open meeting law having been posted at the National Exchange Bank in Adell, Adell Mini Mart, Midway Mart and the Silver Creek Fire Department. Some items may have been taken out of agenda order as announced at the start of the meeting.
2. ROLL CALL:
Members Present: Town Chairman William Goehring; Town Supervisors Lester Miller, William Miller, James Fahney and Robert Boehlke
Members Absent: none
Others Present: Clerk/Treasurer Rhonda Klatt, Former Sherman residents Kerry Prom and Eileen Burg, Sherman residents Jim Shultz, Jim Ellis, Building Inspector Walt Grotelueschen, and Reporters Rodney Schroeter and Bernadette Mondloch.
3. APPROVAL OF MINUTES: Motion by L. Miller, seconded by W. Miller, all voting in favor to approve the minutes from the July 6, 2010 monthly meeting as presented, motion carried 5-0.
4. APPROVAL OF FINANCIAL REPORT: Motion by Fahney, seconded by L. Miller, all voting in favor to approve the financial report as presented, motion carried 5-0.
Account Balances as of July 31, 2010
#10-0038 General Fund / Checking $ 45,749.25
#10-0310 Tax & Dog Collections $ 2,833.58
LGIP # 1 Capitol Improvement $ 18,262.52
LGIP # 2 Tax Collection $ 4,662.44
LGIP # 3 Union Cemetery $ 3,125.91
LGIP # 5 Highways & Roads $ 138,863.90
APPROVAL OF PAYMENT OF BILLS: Motion by W. Miller, seconded by Fahney, all voting in favor to approve the payment of bills as presented, total $36,065.40, motion carried 5-0.
2164 Aug 3 Michael Paape $ 223.76 Payroll
2165 Aug 3 Karl Heichler $ 223.76 Payroll
2166 Aug 3 William C. Goehring $ 369.40 Payroll
2167 Aug 3 Lester Miller $ 196.24 Payroll
2168 Aug 3 William Miller $ 196.24 Payroll
2169 Aug 3 James Fahney $ 196.24 Payroll
2170 Aug 3 Robert Boehlke $ 196.24 Payroll
2171 Aug 3 Rhonda Klatt $ 1,317.94 Payroll
2172 Aug 3 Associated Appraisals $ 588.17 June 2010 Professional Services
2173 Aug 3 Bankcard Services $ 237.22 WTA Luncheon
2174 Aug 3 Harris Bank $ 18.00 Safe Deposit Box Rental
2175 Aug 3 John A. Perronne, CPA $ 1,100.00 2009 Audit
2176 Aug 3 The Sounder $ 50.63 Public Hearing Notice
2177 Aug 3 US Postal Service $ 56.00 Box #88 Rental 9/2010-8/2011
2178 Aug 3 Veolia ES Solid Waste Midwest $ 1,439.00 Trash & Recycling
**EP** = Electronic Payment
5. PUBLIC INPUT: None.
6. BUILDING INSPECTOR REPORT: Motion by W. Miller, seconded by L. Miller, all voting in favor to approve the building inspector’s report as presented, motion carried 5-0.
a. 07-10-01 Cheryl Scholz 6498 STH 144 Sign
b. 07-10-02 Nina Harvey 5973 CTH W Electrical
7. CONSTABLE REPORT: Constable not in attendance; item tabled to September 2010.
8. UNFINISHED BUSINESS:
a. Proposed Dog Ordinance: Motion by L. Miller, seconded by W. Miller, all voting in favor to add to proposed ordinance a statement regarding a fine/fee may be issued if no license is applied for, motion carried 5-0. Motion by L. Miller, seconded by Fahney, all voting in favor to refer proposed ordinance to Attorney Gerald Kiefer, Kewaskum, at a cost of $175/hour, for legal review since the town’s attorney, Ed Ritger, is unable to represent the town due to other legal commitments, motion carried 5-0. Clerk/Treasurer Klatt was instructed to furnish Attorney Kiefer with all necessary documentation for proper legal review, as well as email all board members an updated/current proposed ordinance copy.
9. NEW BUSINESS:
a. “Title 11, Chapter 3 Distribution of Handbills and Newspapers” Motion by Fahney, seconded by W. Miller, most voting in favor to approve Ordinance #2010-02, An Ordinance Creating Title 11, Chapter 3 of the Code of the Town of Sherman, Sheboygan County, Wisconsin, motion carried 4-1, Boehlke voting nay.
Ordinance #2010-02
Municipality Code: 59028
Ordinance Creating Title 11, Chapter 3 of the Code of the Town of Sherman, Sheboygan County, Wisconsin
Chapter 3
Distribution of Handbills and Newspapers
Section 11-3-1 Definitions
In this section, the term “handbill” means any printed or written matter, advertising, shopper, flier, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature, but excluding a “newspaper” as defined in §985.03 (1)(a), Wis. Stats.
Section 11-3-2 Inhabited Private Premises
No person shall throw, deposit or distribute any handbill or newspaper in or upon private premises which are inhabited, except by handing or transmitting any such handbill or newspaper directly to the owner, occupant or other person then present in or upon such private premises, or by placing or depositing the handbill or newspaper on the porch, stoop or entrance way of the premises or in a receptacle provided specifically for that purpose.
Section 11-3-3 Prohibited Where Signs Are Properly Posted.
No person shall throw, deposit or distribute any handbill upon any inhabited private premises if requested by anyone thereon not to do so or if there is placed on such premises a sign bearing the words: “no trespassing,” “no peddlers or agents”, or any similar notice, indicated in any manner that the occupants of such premises do not wish to have their right of privacy disturbed, or to have any handbills left upon such premises.
Section 11-3-4 Uninhabited or Vacant Premises
It shall be unlawful for any person to throw, deposit or leave any handbill in or upon any private premises which in uninhabited or vacant.
Section 11-3-5 Prohibited in Public Places
No person shall throw, deposit or leave any handbill or newspaper in any public road, street, alley, right-of-way, building or other public place, provided that this shall not prohibit the sale of newspapers in vending machines.
Section 11-3-6 Violations and Penalties
Any person who causes a violation of any provision or one who causes distribution of such handbills, of this chapter shall be subject to a penalty as provided in the Town of Sherman Zoning Ordinance, Section 2.6.
This Ordinance shall become effective upon passage and posting.
Adopted this 3rd day of August 2010 by the Town Board of Supervisors of the Town of Sherman, Sheboygan County, Wisconsin
__________________________________________
William C. Goehring, Chairman
__________________________________________
Lester P. Miller, Supervisor
__________________________________________
James E. Fahney, Supervisor
__________________________________________
William T. Miller, Supervisor
__________________________________________
Robert E. Boehlke, Supervisor
__________________________________________
ATTEST: Rhonda J. Klatt, Clerk/Treasurer
b. Amendment to Ordinance 2.3 “Building and Other Permits” Motion by W. Miller, seconded by Fahney, most voting in favor to approve Amendment to Ordinance 2.3 “Building and Other Permits”, motion carried 4-1, Boehlke voting nay.
Ordinance #2010-03
Municipality Code: 59028
Ordinance Amending Section 2.3 of the Town of Sherman Zoning Ordinance, Sheboygan County, Wisconsin
Chapter 2.3
Building and Other Permits
SECTION 2.3 BUILDING AND OTHER PERMITS:
Whenever a building or driveway or other permit is requested under the terms of the Construction Code of the Town of Sherman, the Building Inspector shall first determine that the proposed use of the premises as authorized by said permit will comply in every respect with this ordinance.
On any property for which a permit has been issued, the residence authorized by the permit shall be already present or under construction before construction of any accessory structures may begin. Any accessory structure shall conform to the applicable regulations of the Town of Sherman.
The Town Board may review any building or other permits issued by the Building Inspector to determine whether the use of the premises under the terms of the permit will comply in every Respect with this Ordinance.
In the event that a Building or other Permit is found by the Town Board to authorize use of the premises, which does not comply with this Ordinance, the Building Inspector shall revoke said permit pursuant to the authority granted in paragraph C of Section 1.25 of the Construction Code of the Town of Sherman.
Adopted this 3rd day of August 2010 by the Town Board of Supervisors of the Town of Sherman, Sheboygan County, Wisconsin
__________________________________________
William C. Goehring, Chairman
__________________________________________
ATTEST: Rhonda J. Klatt, Clerk/Treasurer
c. Eileen Berg, “Underground” Delinquent Personal Property Motion by L. Miller, seconded by Fahney, most voting in favor to approve payment for 2007 Delinquent Personal Property tax of $116.45, which includes interest, and forgive 2008 and 2009 totals, and to forgive any future personal property tax which may or may not be placed on “Underground”, a business which was closed in 2006, motion carried 3-2, Goehring and Boehlke voting nay.
d. Request from Jessica Potter, Sheboygan County Economic Development Corporation (SCEDC), for Town Board Meeting Presentation. It was the consensus of the board to invite Jessica Potter for a presentation in January 2011.
e. 2009 Final Audit Report Motion by Fahney, seconded by W. Miller, all voting in favor to approve the 2009 Financial Audit Report, prepared by John Perronne, CPA, motion carried 5-0. The official report is on file in the clerk’s office with all 2009 documents.
f. Sample Rural Numbering Signage; Vendor Choice, Options and Payment Terms Motion by L. Miller, seconded by W. Goehring, all voting in favor prefer installation of unfunded county mandate rural numbering signs during the remainder of the 2010 year and to charge all fees to property owners as a special charge placed on the 2010 tax roll, motion carried 5-0. Specific selections are as follows: (1) Selected Bidder: Lange Enterprises; (2) Large Sign @ $17.65 each; (3) Blue powder coat post @ $7.65 each; and (4) Lange to do installation @ $5.75 each.
g. Lawn Mowing South and North of Park on STH 144 Based on a complaint by a concerned resident, Supervisor Boehlke will speak to Dennis Hartwig of the poor conditions of the lawn mowing work at the park. A question was raised about a possible deed restriction on that parkland; someone may be interested in purchasing the land. No further action taken on this item.
h. Work Order Necessity for Highway/Road Work It was the consensus of the board to issue a work order to the Sheboygan County Highway Department for all special projects (including, but not limited to culvert replacements and major patching jobs) to prevent un-mandated charges to the town. The issuing of work orders is not to include snowplowing or mowing. Clerk/Treasurer Klatt will be reported to for work orders, and she will mail it to the county highway department on an as-needed basis.
i. Liquor License Applications Motion by L. Miller, seconded by Fahney, all voting in favor to approve operator licenses to Sara Daggett, 125 Meadow Lakes Drive, Random Lake, Petticoat Junction, and Luke Reseburg, W6648 STH 144, Random Lake, Petticoat Junction, motion carried 5-0.
j. Next regular meeting date: September 7, 2010
10. TOWNCHAIR REPORT: Chairman Goehring thanked Clerk/Treasurer Klatt and her husband for doing a fine job with the WTA luncheon on July 16, 2010. As he is not sure if the engineer or the state failed to cause a delay with the NMTPP funds, he exceedingly hopeful that the project will happen in 2011. Chairman Goehring asked Clerk/Treasurer Klatt to begin working on the 2011 budget, and to hopefully have a rough draft to present at the September meeting.
11. REPORTS OF TOWN COMMITTEES:
a. Boehlke & W. Miller, Transfer Station: Veolia will be mailing out information to all of its clients regarding the new legal recycling requirements. Until that happens, it would not make sense to have new signs made for the transfer station. A question was raised as to a burnable brush pile, and could the town possibly have such a thing. It was the consensus of the board that since it cannot be policed at all times, it is best not to have one available, as certain unfavorable items may be dumped in. It may be a good idea, however, to offer something like this about twice per year, but not all year long. No further action taken on this item.
b. L. Miller & Fahney, Roads: Not much to report; Clerk/Treasurer Klatt will be reported to for work orders, and she will mail it to the county highway department on an as-needed basis.
c. Bill Beverly, Plan Commission: Beverly not in attendance; nothing to report on this item.
d. Dennis Hiller, Park Board: Hiller not in attendance; nothing to report on this item.
12. MISCELLANEOUS BUSINESS:
e. Clerks Communications: It was the consensus of the board not to look into the cost of a drop box and installation to collect tax payments, rather rely on the night deposit at the National Exchange Bank & Trust in Adell. It was further the consensus of the board to have the county mail out the tax bills, which would save money but would not allow the town to enclose a newsletter or other mailings in the envelopes.
13. ADJOURN: Motion by W. Miller, seconded by Fahney, all voting in favor to adjourn. Motion carried 5-0. Time: 8:53 pm
__________________________
Rhonda J. Klatt, Clerk/Treasurer
Archive:
August 3, 2010 August 3, 2010 DRAFT Town Board of Supervisors Meeting Minutes
July 6, 2010 DRAFT Town Board of Supervisors Monthly Minutes
June 1, 2010 June 1, 2010 DRAFT Town Board of Supervisors Monthly Meeting
May 4, 2010 May 4, 2010 DRAFT Town Board of Supervisors Monthly Meeting
April 13, 2010 April 13, 2010 DRAFT Town of Sherman Annual Town Meeting
April 6, 2010 April 6, 2010 DRAFT Town Board of Supervisors Monthly Meeting
March 2, 2010 March 2, 2010 DRAFT Town Board of Supervisors Monthly Meeting
February 2, 2010 February 2, 2010 DRAFT Town Board of Supervisors Minutes
January 5, 2010 DRAFT Jan. 5, 2010 Minutes
December 14, 2009 Town Board of Supervisors Special Meeting