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November 9, 2009 Monthly Board Meeting
Town of Fox Lake Monthly Board Meeting Monday, November 9, 2009 at 7:30 p.m. Supervisor Flemming called the Town Board meeting to order with 4 officers present (Chairman Streich and Supervisor Lehman absent) and 18 other citizens. The next monthly meeting will be December 14, 2009 at 7:30 p.m. The Fox Lake Fire Association will meet Tuesday, November 10, 2009 at 8:00 p.m. The proposed DNR parking lot off Sieske Road was discussed. Attorney Schacht informed the Board that Sieske Road could not be vacated and sold to the adjoining residents but that the Town Board had the authority to permit or deny a parking lot. The current proposal of a parking lot directly adjacent to the Stumpner property was opposed by the residents of the area and Supervisor Flemming. Supervisor Flemming and the adjacent property owners proposed a 3 car parking area at the northeast corner of Sieske Road and Wade Oehmichen from the DNR agreed to this site. Supervisor Babros made a motion seconded by Supervisor Wissing to permit a DNR parking lot to accommodate 3 cars parked parallel on the east side of Sieske Road at its intersection with Spring Road and that plans be presented by Mr. Oehmichen at the next Town Board meeting. All in favor motion carried. During the discussion of the DNR parking lot, Donald Dietz raised objection to a DNR parking area on or near his residence off Breezy Point Road. However the Town has no jurisdiction in this matter. Grace A. Klug has filed suit in Dodge County Circuit Court to claim by adverse possession a portion of Town property laid out for a roadway but never utilized as such between Maple Point and Blackhawk Trail. Supervisor Wissing made a motion seconded by Supervisor Babros to authorize Attorney Schacht to respond to the Court Summons and oppose the taking of this property. All in favor motion carried. A proposed Land Division for the Merlin Lidtke Estate was presented by Scott Hewitt of Grothman & Associates. This property is located in Section 25 in the Town of Fox Lake at the corner of County Road A and Cordelia Road, parcel number 018-1313-2543-003. Supervisor Babros made a motion seconded by Supervisor Wissing to support the Lidtke land division creating a new parcel of approximately 5 acres and to inform the Dodge County Land Resources & Parks Department of such support. All in favor motion carried. Supervisor Babros made a motion seconded by Supervisor Wissing to accept the minutes of the Town Board Meeting of October 12, 2009. All in favor motion carried The Treasurer’s report as of October 31, 2008 showed receipts for October, 2009 of $33,525.16, a transfer from the Municipal Court Savings Account of $4,409.60, disbursements of $85,151.57, with a balance in the regular checking account of $159,636.43. The LGIPF account had interest receipts for October of $44.08 with a balance of $194,331.38. The Tax Savings Account had no activity with a balance of $6,870.99. The Municipal Court Savings Account had receipts in fines and assessments of $674.00 and a transfer to regular checking of $4,409.60 with a balance of $2,847.84. Supervisor Wissing made a motion, seconded by Supervisor Babros to accept the Treasurer’s report. All in favor motion carried. Officer-in-charge Gebhardt presented the Police report. In October, 2009 the police officers worked 66.5 hours, responded to 9 complaints, assisted other agencies 3 times, issued 3 warnings and 3 citations, assisted EMS 1 time and responded to 1 accident. Supervisor Wissing reported that no DNR permit would be required to replace the drainage system across the Heckl, Hayes and Robinson property but a permit would be required for the ditch east of the Peckman property. Supervisor Flemming reported that the dedication of the Byron Kok trail was well attended and publicity will be forthcoming. Information received by Armond Alsteen from Aquatic Biologists to upgrade the aeration systems at Fox Lake and Lake Emily quoted a total cost of $22,335.85. Mr. Alsteen included information that he and volunteers could build and install the equipment quoted at a cost of $3,480.00. Neither estimate included any cost for raising or replacing the current lines extending into the lakes. Supervisor Babros made a motion seconded by Supervisor Wissing to table any action until the next board meeting so that Supervisor Lehman could present information he has received. All in favor motion carried. A firm, Outdoor Impact Landscaping, has indicated to Armond Alsteen that they have equipment to break up and move closer to shore the bog at the County Road A Bridge for an estimated cost of $5,500.00. The Town Board felt this matter should be pursued if the Inland Lake District and Property Owners would participate in funding the cost including the use of a backhoe and trucks to remove the material. Supervisor Wissing made a motion seconded by Supervisor Babros to adopt a Town of Fox Lake Budget for 2010 of $708,900.00. All in favor motion carried. Supervisor Babros made a motion seconded by Supervisor Wissing to adopt the Lake Patrol Policies for 2010. All in favor motion carried. Clerk-Treasurer Benter reported that papers to be completed by persons interested in running in the 2010 Spring Election for the offices of Supervisor #3 and Supervisor #4 are available and nomination papers can be circulated as of December 1, 2009. Supervisor Wissing made a motion seconded by Supervisor Babros to change the language in the Zoning Code as follows: Accessory Uses and Detached Accessory Structures In platted subdivisions or on lots less than two acres in area they are permitted in the rear and side yards of all lots; on waterfront lots and lots not in platted subdivisions they may be located in the front setback. Detached accessory structures shall not be closer to the lot line than the minimum required side yard for the principal structure and in any case they shall not be closer than 10 feet to the principal structure, shall not exceed 20 feet in height, and shall not be closer than three (3) feet to any lot line with a maximum roof overhang of two (2) feet. All in favor motion carried. Supervisor Babros made a motion seconded by Supervisor Wissing to consider establishing Farmland Preservation Zoning in those areas currently zoned A-1 Prime Agriculture including developing appropriate language. All in favor motion carried. Supervisor Babros made a motion seconded by Supervisor Wissing to inform the Department of Corrections by letter that a conditional use permit must be applied for and certain requirements and procedures must be followed per the Town of Fox Lake Zoning Code in order to issue a conditional use permit for a dairy farm operated as a Confined Animal Facility. All in favor motion carried. Supervisor Babros made a motion seconded by Supervisor Wissing to pay bills subject to audit. All in favor motion carried. Supervisor Wissing made a motion, seconded by Supervisor Babros to adjourn. All in favor motion carried. Respectfully submitted, Edwin W. Benter, Town Clerk-Treasurer