Town of Germantown

Special Town Board Meeting

MINTUES

Town of Germantown Town Hall
N7560 17th Avenue New Lisbon, WI 53950
May 21, 2009 1
2:05 p.m.

Town Officials Present: Chairman William Jax, Supervisors Rosetta Boyle, Michael Poe, and Dave Specht.
Town Officials Absent: Steve Gillespie
Others Present: Clerk Treasurer Betty Manson, Assistant Clerk/Treasurer Marion Uphoff, Zoning Administrator William Bruce, Public Works Town Worker Richard Martin, Town Attorney William Curran (arrived at 12:30) and approximately 27 guests

Call meeting to order
Jax called the special board meeting to order at 12:05 p.m.

Pledge of Allegiance
Pledge of allegiance was recited by all present.

Verification of Proper Posting
Manson verified that this meeting had been properly posted at 3 locations within the Town.

O’Dell’s Sanitary District Expansion (40 Acres Parcel, SW 1/4, NW 1/4)
Poe stated developers have been putting in sewers which is helping the conditions of our soils. Motion was made by Poe to approve the expansion of O’Dell’s Sanitary District of a 40 acre parcel (SW 1/4, NW 1/4), 2nd by Boyle. Motion Carried.

Road Name Signs
Bruce stated to comply with State of Wisconsin mandates, road name signs will need to be replaced to be the larger size (9″) by 2012. Bruce has compiled 3 options: Option #1 – Replace all signs at each intersection, i.e. Hwy G and 41st St, Hwy G and 2nd Ave, with the 6″ lettering. This would require 56 signs just for intersections with Hwy G, 14 signs along Hwy 58, 16 signs along 38th St., etc. Option #2 – Replace signs only at main intersections with two signs, i.e. Hwy 58 and Hwy G, Hwy G and 17th Ave, Hwy G and 19th Ave. with 6′ lettering. This would require 22 signs. Option #3: On roads with speed limits less than 45 mph, replace street signs with the smaller 3″ lettering using the 2 options above. Motion was made by Jax to replace the road name signs with dual signage starting on major roads first, 2nd by Poe, Motion Carried.

Open 2009 Road Construction Bids
Jax opened the following road construction bids:  

Poe would like to be able to look over each of the bids and award at a later date. Jax stated that the road construction bids will possibly be awarded at the June 9, 2009 regular town board meeting.

Award Community Center/Town Hall Plumbing Repair
Poe previously analyzed all the bid specifications and concluded that only 2 contractors complied with what the Town specifications were. Motion was made by Specht to award the community center/town hall plumbing repair bid to Kendall Trucking & Plumbing for a total of $3240.00, 2nd by Boyle. Motion Carried.

State Criminal Statutes Ordinance
Town Board has not had enough time to look over, and wondered if this required a public hearing. Motion was made by Jax to table until they have time to confer with legal counsel later in this meeting. 2nd by Poe. Motion Carried.

Possible Sale of Constables Old Handguns
Jax stated that the old constable’s handguns have been locked at the Juneau County Sherriff’s Department for the past 3 years and has had a request from a previous constable and the current town officer to possibly purchase. Specht would like to see them advertised and put out for bids but would first like to confer with legal counsel. Motion was made by Specht to proceed with advertising the old constable’s handguns and put out for bids if legal counsel concurs, 2nd by Boyle. Motion Carried. Town Attorney William Curran arrived at 12:30 p.m.

Go into closed session as per WI State Statute 19.85 (1)(G) Considering with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved
Motion was made by Specht to go into closed session as per WI State Statute 19.85 (1)(G) Considering with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved at 12:32 p.m., 2nd by Poe. Roll call vote was taken by Manson: Specht – Aye, Boyle – Aye, Poe – Aye, and Jax – Aye. Motion Carried.

Reconvene to Open Session as per state statute 19.85 (2)
Motion was made by Jax to reconvene to open session as per State Statute 19.85 (2) at 1:02 p.m., 2nd by Boyle. Roll call vote was taken by Manson: Specht – Aye, Boyle – Aye, Poe – Aye, and Jax – Aye. Motion Carried.

Class B Combo – South Shore
Manson has received an application for a Class B Combo liquor license from South Shore Operations LLC with K&M Shores LLC as it’s agent. Curran stated that an LLC cannot be an agent – must be individuals. South Shore Operations LLC filled out another application naming Michelle Housworth and Kevin Andraska as their agents. Upon Town Officer Green doing background checks, it came to the board’s attention that both applications failed to disclose prior offenses. The application was then amended yesterday. Manson stated that the current liquor license of South Shore had been approved at the August 12, 2008 meeting with Michael Polsky (courth appointed receiver) as agent, but it was never issued because no one ever paid the fees required. Poe questioned if this still was a valid liquor license? Curran stated yes, as long as Michael Polsky would agree to continue to be the agent. Dan Feick, (member of South Shore Operations LLC) stated that at the closing, the liquor license was to go in/out of the receivership. Feick questioned, “could the license be approved with a new agent that met the qualifications?” Curran stated “yes, but the board does not have another scheduled board meeting until June 9, 2009 and could not do that at this meeting. Polsky has the controlling license, if he surrenders control – a new agent would be responsible to meet the qualification, but at this time, nothing has been provided to the board”. Curran stated that Polsky can hold, surrender, or assign its current liquor license. Michelle Housworth gave the board her background and stated, “the application was hard to understand.” Housworth stated, “only 1 DWI.” Poe stated, “that what Officer Green found in the Housworth’s background check was 2 DWIs,” she acknowledged 2. Specht commented to get someone else as their agent with no record. Kevin Andraska also gave the board his background, he acknowledged 2 prior offenses. Poe stated that these agents do not meet the requirements to be the agents. Supervisor Boyle left the Town Board meeting at 2:04 p.m. Motion was made by Poe to deny the liquor license of South Shore Operations, LLC, at applicant (Dan Feick) request, Poe withdrew his motion. Motion was made by Jax to table the liquor license of South Shore Operations, LLC, 2nd by Poe. Motion Carried.

Liquor Operator Licenses
Michelle Housworth, Devin Adraska, Georgia Hulse, Donnette Denman, Tina Lossau. Motion was made by Poe to approve liquor operator’s licenses to Donnette Denman and Tina Lossau, 2nd by Specht. Motion Carried. Motion was made by Poe to deny a liquor operator’s license to Michelle Houseworth, 2nd by Specht. Motion Carried. Motion was made by Specht to grant a provisional liquor operator’s license to Georgia Hulse, pending disposition of recent charge of selling alcohol without a valid operator’s license, 2nd by Poe. Motion Carried. Motion was made by Specht to deny a liquor operator’s license to Kevin Andraska, 2nd by Poe. Motion Carried. Board asked Attorney Curran his opinion if Ordinance 45 (State Ciminal Statutes Ordinance) would need a Public Hearing? Curran will check because this Ordinance would have fines and forfeitures. Motion was made by Poe to table until the June 9, 2009 regular board meeting, 2nd by Specht. Motion Carried. Board also asked Attorney Curran what was the proper way to dispose of the old constables handguns. Curran stated in WI State Statutes 60.10 the annual meeting gives the town authority to sell.

Adjourn Meeting
Motion by Poe to adjourn the special town board meeting at 2:25 p.m., 2nd by Specht. Motion Carried.

Chariman Jax declared the special town board meeting adjourned.

Respectfully submitted, Betty Manson, Clerk/Treasurer