MINUTES
TOWN OF SALEM
REGULAR MEETING OF THE BOARD OF SUPERVISORS
MONDAY, SEPTEMBER 8, 2008 7:00 P.M.
Board Chairman Diann Tesar called this Regular Meeting of the Town of Salem Board of Supervisors to order at 7:00 p.m. with the following present:
CHAIRMAN: Diann Tesar
BOARD OF SUPERVISORS: Joe Meier, Pat O’Connell, and Dennis Faber
ABSENT: Josephine Weidman
OTHERS: Attorney Rich Scholze, Chris Lamb, Jack Rowland, Josh Cooper,
Mike Slover, and Cindi Ernest.
GUESTS: Linda Valentine, Kandi Horton, Ryan Horton, Glenda Dupons,
Pat Mulvey, Don Kruk, Kari Learn, Len Noble, Susy Huber,
Ashley Ferrara, Bill West, Jean West, Don Happ, Jamie Mofit,
Amy Mofit, and Charles R. Franz
PLEDGE OF ALLEGIANCE
Chairman Tesar began the meeting, by leading all, in the Pledge of Allegiance.
OPEN MEETING COMPLIANCE CHECK
The agenda was posted by 3:00 p.m. on Friday, August 8, 2008 at the Town Hall Municipal Building, Salem Post Office, Camp Lake Post Office, Wilmot Post Office, and the Trevor Post Office. It was also posted on the Town’s website.
MINUTES
MOTION BY Supervisor Faber, second by Supervisor O’Connell to approve the minutes of a Public Hearing on 08/11/2008, Regular Board Meeting on 08/11/2008, a Workshop on 08/12/2008, and Special Meetings on 08/11/2008, 08/19/2008, and 08/25/2008, as presented.
UNANIMOUS VOTE – AYE
MOTION CARRIED
TREASURER’S REPORT
Treasurer Lamb gave the treasurer’s report as follows:
AUGUST 2008 - CASH REPORT FOR THE GENERAL ACCOUNT - TOWN OF SALEM
AUGUST 1, 2008- Beginning Balance $3,143,174.79
RECEIPTS $1,321,930.77
Adjust from July $ 4,045.21
DISBURSEMENTS $640,105.82
Payroll $188,120.00
Total $828,225.82
AUGUST 31, 2008 - Ending Balance $3,640,924.95
State Pool - General $2,480,627.27
Gen. Checking $1,160,297.68
Totals $3,640,924.95
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AUGUST CASH REPORT FOR THE TAX ACCOUNT - TOWN OF SALEM
AUGUST 1, 2008 Beginning Balance $ 559,201.17
RECEIPTS $1,280.98
DISBURSEMENTS
Transfer to Gen. Fund
AUGUST 31, 2008 - Ending Balance $560,482.15
State Pool - Tax $ 501,209.56
Tax Checking $ 59,272.59
Total $ 560,482.15
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AUGUST 2008 - CASH REPORT FOR THE PARK ACCOUNT - TOWN OF SALEM
AUGUST 1, 2008 - Beginning Balance $ 738,724.69
RECEIPTS $ 79,722.38
DISBURSEMENTS
AUGUST 31, 2008 - Ending Balance $ 818,447.07
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AUGUST 2008 - CASH REPORT FOR THE MAINTENANCE ACCOUNT-SALEM
AUGUST 1, 2008 Beginning Balance $ 32,870.31
RECEIPTS $ 630.36
DISBURSEMENTS
Transfer to General Fund
AUGUST 31, 2008 Ending Balance $ 33,500.67
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AUGUST 2008 - CASH REPORT FOR THE CAPITAL PROJECTS ACCOUNT - SALEM
AUGUST 1, 2008 Beginning Balance $ 829,103.93
RECEIPTS $ 425.69
DISBURSEMENTS
Transfer to General Fund
AUGUST 31, 2008 Ending Balance $ 830,694.71
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AUGUST 2008 - CASH REPORT FOR THE TRAILS ACCOUNT - SALEM
JAUGUST 1, 2008 Beginning Balance $ 221,867.63
RECEIPTS $425.69
AUGUST 31, 2008 Ending Balance $ 222,293.32
MOTION BY Supervisor Meier, second by Supervisor Faber to approve the Treasurer’s report as presented.
UNANIMOUS VOTE – AYE
MOTION CARRIED
VOUVHERS
MOTION BY Supervisor O’Connell, second by Supervisor Meier to approve the payment of the vouchers as presented.
UNANIMOUS VOTE – AYE
MOTION CARRIED
VOUCHERS TOWN OF SALEM:
Vouchers issued from August 12, 2008
through August 31, 2008 $446,522.21
Vouchers issued from September 1, 2008
Through September 8, 2008 $95,909.64
Payroll #17 $80,939.45
Payroll #16 $115,631.55
Total $739,002.85
Total Vouchers over $1,000 August 12 – September 8, 2008 $503,894.82
MOTION BY Supervisor Faber, second by Supervisor O’Connell to approve the payment of the vouchers over $1,000, as presented.
UNANIMOUS VOTE – AYE
MOTION CARRIED
DEVELOPER BALANCES
There was nothing to report.
.PRESENTATIONS, PETITIONS, AND COMMUNICATIONS
1.) Citizen Linda Valentine questioned what can be done relative to coyote problems within the Town. Safety Officer Cooper will look into this and advise.
NEW TOWN BUSINESS
1.) Supervisor Faber has received numerous resident complaints relative to possible businesses running from improperly zoned areas. Properties include but are not limited to, 8511 235th Ave., 10344 278th Ave., 27012 116th Ave. (CTH “C”), and 9949 272nd Ave. He indicated that there may be other properties in violation of zoning as set forth in Chapter 10.
Discussion followed regarding the County sending letters to the properties that are believed to be in violation.
MOTION BY Supervisor Faber to instruct the County to write letters to property owners of 8511 235th Ave. and 27010 116th Ave. (CTH “C”).
Mike Murdock arrived at 7:12 p.m.
Further discussion followed.
MOTION SECONDED BY Supervisor Meier.
UNANIMOUS VOTE – AYE
MOTION CARRIED
2.) A request was made by Aaron W. Stanton to vacate the N.W. corner of an existing 70 year old garage structure located in the Town right of way.
Discussion followed about the need for a variance.
MOTION BY Chairman Tesar, second by Supervisor Faber to allow the vacate contingent on approval of a variance.
UNANIMOUS VOTE – AYE
MOTION CARRIED
3.) A date and time for Halloween Trick or Treating needs to be set. Schools are will need to put this in their newsletter.
MOTION BY Supervisor Meier, second by Supervisor O’Connell to set Halloween Trick or Treat for Friday, October 31, 2008 from 4:00 p.m. – 7:00 p.m.
UNANIMOUS VOTE – AYE
MOTION CARRIED
Ron Reilly 10720 Antioch Road, missed the Citizens Comments. His daughter was injured in a car accident when the car went into a slew near Camp Lake. There is no guard rail in place. He requested that the Salem Town Board send a letter recommending to the County that a guard rail be placed where the accident took place on CTH “C”.
Chairman Tesar indicated to him that she will send a letter.
4.) A request from Trevor Grade School for a donation to their annual children’s Halloween Party. Chairman Tesar told the board that the previous year they had over 700 kids attend. The Fire Department donated “jumpy rides”.
MOTION BY Supervisor O’Connell, second by Supervisor Faber to donate $700 to the Trevor Grade School Halloween party.
UNANIMOUS VOTE – AYE
MOTION CARRIED
OLD TOWN BUSINESS
1.) A request from James and Amy Moats 12038 231ST Ave. Trevor, to have the impact fee refunded for a home they tore down and rebuilding. This item was tabled at the August 11, 2008 meeting. Attorney Scholze gave a written statement that he was of the opinion that they shouldn’t be charged for the impact fee.
MOTION BY Supervisor Faber, second by Supervisor Meier to refund the Moat’s impact fee based on the attorney’s opinion.
UNANIMOUS VOTE – AYE
MOTION CARRIED
2.) The design selection and purchase of the Town Hall digital sign still hasn’t been decided on. Chairman Tesar requested that she be given permission to choose the design and the board place a cap on the amount they wish to expend.
MOTION BY Supervisor Faber, second by Supervisor Meier to allow Chairman Tesar to choose the sign design and not to expend more than $28,000.
UNANIMOUS VOTE – AYE
MOTION CARRIED
DEPARTMENT REPORTS, ACTIONS, AND EXPENDITURE REQUESTS
HIGHWAY
1.) A request by Mike Murdock to purchase a plow and wing for the recently purchased loader. This is a budgeted item. Three requests for quotes were sent out with two returning a reply. One didn’t meet the specifications. The Monroe Truck meets or exceeds the specifications in the amount of $24,973.
MOTION BY Supervisor Faber, second by Supervisor O’Connell to allow the purchase of the Monroe Truck.
UNANIMOUS VOTE – AYE
MOTION CARRIED
FIRE AND RESCUE
1.) Nothing to report.
BUILDING AND ZONING
1.) A possible raze order for a home located at 26825 106th Street, Tax Parcel 66-4-120-281-1075, owner Susan Moore of Antioch, IL. was discussed. Building Inspector Rowland indicated that the home isn’t at the 50% to allow for a raze.
Safety Officer Cooper indicated that the Town has put up boards to keep kids out.
Building Inspector Rowland indicated to the board that if the Town wants something done then we need an ordinance to address these problems. Chairman Tesar replied that our attorney should draft and ordinance and check into aesthetics.
Attorney Scholze indicated that we aren’t a city or village and an ordinance would be difficult to draft. Possibly something could be drafted from a safety issue. This item was tabled to be put on another agenda.
2.) A complaint was made regarding uncompleted landscaping at a home located at 31110 114th Street, Tax Parcel 67-4-120-303-1340, owner Steven Burgess & Alexander Larson of Twin Lakes, WI. Building Inspector Rowland indicated that at the time of occupancy, there were steps in place. They have since been removed. It also has never been seeded. This will also be looked at by the Town’s attorney.
JUDICIAL
1.) Nothing to report.
PUBLIC SAFETY
1.) Discussion of fencing the recycling area. This item was tabled from the July meeting. This was tabled again and will be put on a future agenda.
PLANNING AND ZONING COMMISSION
1.) The Planning and Zoning notification sign was presented.
Planning Commission recommended approval, motion carried 5-0.
MOTION BY Supervisor Faber, second by Supervisor O’Connell to approve the P & Z notification signs as presented.
UNANIMOUS VOTE – AYE
MOTION CARRIED
2.) A variance request for RHK Properties, LLC, Tax Parcel 66-4-120-212-0451, and property address of 27519 – 95th Street. For informational purposes only this property is located on the south side of 95th street east of 276th avenue, west of 275th avenue. Building to be at least thirty feet (30.0’) from Town Road right of way, requesting twenty point five feet (20.5’).Building to be at least seventy five feet (75’) from ordinary high water mark, requesting sixty-two feet (62’). Fifteen feet (15’) horizontal fill required when within the flood fringe, requesting eight feet (8’).
Planning Commission recommended approval of this variance, motion carried 4-1.
MOTION BY Supervisor Faber, second by Supervisor O’Connell to approve the variance request for RHK Properties, LLC, Tax Parcel 66-4-120-212-0451, and property address of 27519 – 95th Street.
UNANIMOUS VOTE – AYE
MOTION CARRIED
3.) A Certified Survey Map with lot line and rezoning from R-4, C-1, FPO TO R-4, C-1, FPO (to reflect actual field conditions), for Tax Parcels 65-4-120-114-0110 and 65-4-120-114-0120. Property address 8244 238th Avenue. For informational purposes only these properties are located at the northwest intersection of 84th Street and 238th Avenue.
Planning Commission recommended to the Kenosha County Board approval based on Mr. Meehan’s memo dated 8-9-08 and subject to the conditions listed 1-17 and to take note of condition 17, motion carried 5-0.
MOTION BY Supervisor Faber, second by Supervisor O’Connell to approve the Certified Survey Map with lot line and rezoning from R-4, C-1, FPO TO R-4, C-1, FPO (to reflect actual field conditions), for Tax Parcels 65-4-120-114-0110 and 65-4-120-114-0120. Property address 8244 238th Avenue.
UNANIMOUS VOTE – AYE
MOTION CARRIED
4.) A variance request for William and Kari Learn, Tax Parcel 66-4-120-211-0170. Property address of 26911 – 98th Street. For informational purposes only this property is located on the south side of 98th Street west of 269th Avenue and east of 270th Avenue. Detached Garage requires at least five feet (5’) from side lot line, requesting four point fifty-six feet (4.56).
Planning Commission recommended approval of this variance, motion carried 5-0.
MOTION BY Supervisor Faber, second by Supervisor Meier to approve the variance request for William and Kari Learn, Tax Parcel 66-4-120-211-0170. Property address of 26911 – 98th Street.
UNANIMOUS VOTE – AYE
MOTION CARRIED
5.) A variance request for Jean Steffenhagen West, Tax Parcel 66-4-120-281-0111. Property address of 10449 270th Avenue. For informational purposes only this property is located on the east side of 270th Avenue, north of 105th Street, south of 104th Place. Thirty foot (30’) setback of structures Town Road right of way required. Requesting twenty two feet (22’)
Planning Commission recommended approval of this variance, motion carried 5-0 conditioned to the payment of the permit fees.
MOTION BY Supervisor O’Connell, second by Supervisor Meier to approve the variance request for Jean Steffenhagen West, Tax Parcel 66-4-120-281-0111. Property address of 10449 270th Avenue.
UNANIMOUS VOTE – AYE
MOTION CARRIED
Bill West questioned the board as to whether a set of stairs could be added. He stated that he had discussed this with Ben at the County and he indicated that from a fire protection perspective this would not be a problem.
The board requested that Clerk Ernest indicate in her minutes that they don’t have any problem with the stairs being added, contingent on Kenosha County’s approval.
6.) A variance request for Steven and Cynthia Schultz, Tax Parcel 67-4-120-361-1506. Property address of 12127 217th Avenue. For informational purposes only this property is located on the east side of 217th Avenue, north of 121st Place, south of 121st Street. Detached accessory building not to exceed seven hundred twenty (720) square feet and one hundred fifty (150) square feet. Requesting one large accessory building at eight hundred seventy (870) square feet
Planning Commission recommended approval of this variance, motion carried 5-0.
MOTION BY Supervisor Meier, second by Supervisor Faber to approve the variance request for Steven and Cynthia Schultz, Tax Parcel 67-4-120-361-1506. Property address of 12127 217th Avenue.
UNANIMOUS VOTE – AYE
MOTION CARRIED
7.) A revised variance request for Chris Cybul, Tax Parcel 66-4-120-281-1654. For informational purposes only this property is located on the south side of 108th Street, west of 267th Avenue, east of 270th Avenue. Residence is required to be thirty feet (30’) set back from Town Road; variance requested is twenty three feet (23’) set back. Residence required to be seventy five feet (75”) set back from navigable waterway, variance requested is forty two feet (42’) set back.
Planning Commission recommended this variance request be denied, motion carried 5-0.
MOTION BY Supervisor Faber, second by Supervisor Meier to deny the variance request for Chris Cybul, Tax Parcel 66-4-120-281-1654.
UNANIMOUS VOTE – AYE
MOTION CARRIED
8.) A request for a twelve (12) month extension for George Shau /Keith Johnson for final approval on Tax Parcel 65-4-120-123-0100. Property address of 22530 83rd Street. For informational purposes only this parcel is located on the north side of 83rd Street about 2,700 feet west of 216th Avenue.