TOWN OF OCONOMOWOC

BOARD OF SUPERVISORS SPECIAL MEETING

At the Oconomowoc Town Hall located at

W359 N6812 Brown Street-Oconomowoc, WI 53066

Wednesday, June 4, 2008 at 6:00 p.m.

Present: Chairman Hultquist, Supervisors Koepke, Wiemer, Husak, Roelandts, Town Attorney Chapman, Town Planner Herrmann, Mark Mickelson of Yaggy Colby, Owen Salzman, Highway Superintendent, approximately 38 citizens.

Chairman Hultquist opened the meeting with the Pledge of Allegiance. He stated that the Town will be responsible for legal fees incurred by the Town attorney by reason of the assessment. Items 3 and 5 of the Agenda will be discussed by Attorney Chapman; Mark Mickelson will discuss items 1, 2 and 4.

Item 3. Discussion on acceptance of Road J/Oakdale Rd.

Item 5. Discussion on Special Assessment.

Attorney Chapman stated that the attempt to obtain deeds for the 30 ft wide strip was ruled out as it would have been time consuming and complex. It was decided to accomplish this by a resolution, and the letter sent to residents in February addressed this. In the l920’s when the road was planned, there were no developer’s agreements and roads were not required to meet certain standards. The roads remained private until they were taken over by the Town or by some other means. The problem is that it is now impossible to ascertain the intent of the subdivider or owner. The 3 mil tax is no longer feasible to take care of the maintenance of the roads because of the levy limits the state has placed on the Town. The law says that if a plat does not say “private” it is presumed

that the intent was that the road set forth on that plat be public. That 30 ft strip is not labeled “private”. The law further provides that the developer of that subdivision has indicated on that plat an offer to dedicate the roads. The law now is that when you have something on the plat, a road that does not say “private”, it is presumed to be public. A recent case in Kenosha said that is an offer to dedicate on that plat. That is a continuing offer to dedicate. You can revoke until it is accepted, and when it is accepted, it is done. The developer could have revoked that offer to dedicate, or anybody who has an interest in it could revoke that offer. Once the resolution is adopted, that completes the act of dedication. The Board will not improve Road J or Oakdale Rd. until a resolution has been adopted. The project has been publicly bid and the lowest responsible bidder has been identified. That bidder is Payne & Dolan, a reputable contractor. Payment for the project will be by way of special assessment. Mr. Chapman’s recommendation is that the assessment be done before the project so all owners are aware of the cost. Procedure is as follows: the Board adopts a preliminary resolution stating the intent to exercise their special assessment authority. The preliminary resolution requires that the engineer file a report which will set out all the assessments. Once that report is filed with the clerk, the clerk sets a public hearing on the special assessment. The final resolution is adopted at a Board meeting and that levies the special assessment. It sets forth payment options, either cash or an installment payment program. It also establishes an interest rate.

It is necessary to relocate a portion of Oakdale Rd. Deeds for this area will be required. The road reservation on which people are currently traveling will have to be released by those owners who are involved. Easements for turn around at the end of Oakdale Rd. will be required.

Item 1: Discussion on Design, Construction and Timeline for Construction of Road J/Oakdale Rd

Item 2: Discussion on costs for reconstruction of Road J/Oakdale Rd

Item 4: Consider and Act on bid for construction of Road J/Oakdale Rd.

Mark Mickelson offered to stay after the meeting to discuss any design specifics that residents may have. He stated that he did 18 soil borings and found 2 in of chipped seal and only a few inches of gravel. The road base there now is unusable for the contractors as far as pulverizing and using that material. In January a new set of plans was publicly bid, the plans included a complete removal of the upper 12 in of the readable. New gravel and new pavement section. Considered is a relocation of a portion of Oakdale Rd. is where it makes a sharp bend just west of the north south section of Rd J. It deviated outside the existing plat. We did this to utilize the existing right of way. This was a dangerous situation and there was a garage up against the roadway. Drainage should be resolved easily by having most of the roadway pitched away from the homes and garages. It will all pitch to the north and end up in swales to a low area and on the east side there will be several small infiltration bases where there are existing low points. The design includes a turnaround at the end. We have met with those residents and they seem to be agreeable to the plan.

The price of $241,000 included some extra cost for a few low areas and some asphalt curbing to take care of some drainage. Prices were a little higher than estimated last summer due to having to remove material and get it off site.

As far as the User Cost Allocation Spreadsheet, the residents who have driveways off Rd J are considered to be one user; the Islandwood residents were considered to be half a user and we chose not to assess the properties on the north side of Rd J as there was no developable home on that site and no driveway or user. The Ireland farm is not included because there is no development and they have a land use plan that does not show any lot coming off Rd J. The cost was split up based on construction cost which added a 15% contingency to the $241,000. His is a protection measure in case there is more bad soil that required support and extra gravel. There were extra clearing costs but Owen is going to take care of the clearing and grubbing on the site to save some costs which were added as a separate item. We have included engineering costs. The total cost was divided up by each tax key user. The project was bid out in March. They have given us one extension and this should be acted upon because asphalt prices are getting more expensive. The bid has to be accepted by June 10; otherwise we have to get another extension. Rebidding could raise the cost by 15 – 20% higher.

Chairman Hultquist read a letter from Barb Pinter into the record. After which he invited comments from the floor. Following are the comments and responses from the Town.

Lyle Boy, Islandwood. There are 18 people on the island. Why do we pay the same as the people who have 300 ft frontage and I have about 4 ft that I am paying for.

Response: the Board considered at least 4 different ways of doing this and this plan seemed to be the fairest.

Bill Hemphill, Islandwood: We are 17 homes, but we do use the road and I appreciate what you have done.

Mike Newton, Islandwood, When will the construction start? And are they planning on saving most of the trees? Thank you for giving us half. If the Yacht Club or a restaurant owned Islandwood, you would charge them as one entity rather than each person who used the facility.

Response: Construction should start middle or end of summer and Owen will make the decision as to which trees would be taken.

Enoch Ney, Road J: This is my second home. Maybe those who use it only 50% of the time should be given the same consideration as Islandwood. We have come up with a payment plan. We need to move forward.

Bob Farley, Islandwood: Our deed restriction states that this will not be used as a year round residence. We are 6 month residents by deed.

Tom Tefelski, W352N6498 Rd J: Are you aware that there are buried private electric lines under the road where there are garages across the road?

Response: Please show me where these are after the meeting.

James Capadona, Islandwood: Has the resolution been done? Have you let the contract?

Response: Not yet. There will be a special Board meeting on Monday to accept the road and to adopt the resolution for the special assessment ordinance and to accept the bid.

Ken Larson, Islandwood: If this was bid in March, shouln’t we have met in April to give us more time? It’s a good thing to go ahead with but we should have had more time.

James Capadona, Islandwood: Winzler has 2 lots but one residence.

Response: We did it on tax key. There is one home in the middle of two lots. At some point this should be put into one tax key number by certified survey map because he could tear that house down and make it into two lots.

Wendy Tefelski, W352N6498 Road J: If all goes well, how long will this take? And how deep will they have to go?

Response: 2 – 3 weeks and there will be some inconvenience.We’ll ask Oakdale people to use Rolefson Rd

Joanne Doxtater, W352N6492 Rd J: If they are moving part of Oakdale, what happens to the old portion of the road?

Response: Those folks will have to put in new driveways coming up to the road

Ken Novinska, N64W35079 Rd J: Will the Town do anything to help us with the cost?

Response: We are paying some of the engineering cost; we are paying all the legal fees, recording fees.

Ned Pellmann, N64W34863 Rd J: When they rip the road out, how are we going to have access? Can we work with this contractor for our aprons or driveways?

Response: You will be working directly with the foreman for your access and you will be able to work with the contractor for your driveways.

Bob Hemphill, Islandwood: Could you give us a rough estimate of what the dollar amount is for legal fees vs the dollar amount collected and not used to maintain the road?

Response: Should be between $7000 and $10,000. What we collected on the mil tax was $2300/year.

Mary Leaman, N64W34919 Rd J: Can we divide Oakdale project from the Rd J project? It seems that moving Oakdale is an added expense and I don’t drive on Oakdale and Rd J residents probably don’t drive on Oakdale. Could we have an estimate to see what portion each should be paying?

Response: There would be no significant difference. $3000 to $5000 either way. That would cause another substantial delay.

Tom Modl, N64W35035 Rd J: You mentioned you would take off 12” and put on 14”. Would that be too high?

Response: There is 4 in of asphalt and 10 in gravel, so we need to remove 14 in and bring back 14 in.

Peterschack, W352N6468 Road J: Could you fill some of the potholes in the interim?

Response: We will talk to Owen.

Sandra Miller, N65W35103 Rd J: Was waiting so long a strategy to forcing us into a quick decision? She disagrees with the assessment approach. We should take a larger property that has a greater economic value and allocate that cost to other property owners. We are not able to get information, such as where the drains are going and you want us to make decisions. The insights of this Board are showing through. There is not much planning.

Response: We have tried our best and made sincere attempts.

Terry Leaman, N64W34919 Rd J: Looking at the estimates there seems to be quite a gap and I suggest that we look at this later when we have more information. Mr. Heinrich’s address is Rd J and he is not listed.

Response: That was discussed. His garage faces Rolefson Rd and he does not use Rd J. So that everybody knows how the Board members feel about the acceptance of the road, could they individually tell us?

Supervisor Koepke: Since many residents are seasonal, maybe many would not have been to a meeting before summer. Re asphalt prices, they are definitely going up and the construction company will honor the price on their bid.

Supervisor Wiemer: We can’t make everybody happy. He grew up on a private road. The village didn’t patch our road because it was a private road. We’re doing the best we can.

Supervisor Husak: Since some people were not taxed in the mil tax, the Board felt they would pay some fees (legal and recording). The mil tax money was used up in plowing and there was nothing left for maintenance .The main thing is to get you a new road.

Supervisor Roelandts: As former police chief he was aware of the Road J problems and as a supervisor he made it his goal to get a better Road J. There are 2 options, either the Town takes it over or the residents fix it themselves. We have explored different options

Robert Schoknecht, N64W35025 Rd J: Some trees are unsightly. Will the Town be responsible for removing or trimming these trees?

Response: It will be the Town’s responsibility.

Sandra Miller: N65W35103 Rd J: She appreciates the time and effort spent, but does not agree with the assessment. What is the schedule for the maintenance and what money will we receive from the state, and how does the Town benefit from taking over the road?

Response: Help from the state is minimal. Being a new road it will be in good shape and will be on the same schedule as roads in other subdivisions.

Bob Staniszewski, N65W35239 Rd J: Will it be the responsibility of the Town if any trees fall within the road or the right of way?

Response: The road width will be 15 ft and Owen will decide which trees have to be taken down. He should mark those trees and you will have a chance to discuss that.

Ann Hansen, N65W34753 Rd J: Does the full 30 ft come off the dimensions of our property?

Response: There has been some confusion, but the 30 ft is public.

Chairman Hultquist: We will be setting the time for the Monday meeting.

A special Board meeting was set for 7:30 a.m. Monday, June 9, 2008 at the Town Hall.

Koepke moved to adjourn. Seconded by Roelandts. Passed unanimously. Adjourned at 7:05 p.m.

Respectfully submitted,

Betty Callen, Plan Commission Recording Secretary.