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Agenda & Minutes
NOTICE OF THE BOARD OF REVIEW
FOR THE VILLAGE OF LUXEMBURG, MAY 21, 2013
NOTICE IS HEREBY GIVEN that the Board of Review for the Village of Luxemburg of Kewaunee County shall hold its first meeting on Tuesday, May 21, 2013, from 2:00 p.m. to 4:00 p.m. at the Village of Luxemburg Municipal Office Building at 206 Maple Street.
Please be advised of the following requirements to appear before the Board of Review and procedural requirements if appearing before the Board:
No person shall be allowed to appear before the Board of Review, to testify to the Board by telephone or to contest the amount of any assessment of real or personal property if the person has refused a reasonable written request by certified mail of the Assessor to view such property.
After the first meeting of the Board of Review and before the Board’s final adjournment, no person who is scheduled to appear before the Board of Review may contact, or provide information to a member of the Board about the person’s objection except at a session of the Board.
No person may appear before the Board of Review, testify to the Board by telephone or contest the amount of the assessment unless, at least 48 hours before the first meeting of the Board or at least 48 hours before the objection is heard if the objection is allowed because the person has been granted a waiver of the 48-hour notice of an intent to file a written objection by appearing before the Board during the first two hours of the meeting and showing good cause for failure to meet the 48-hour notice requirement and files a written objection, that the person provides to the clerk of the Board of Review notice as to whether the person will ask for removal of any Board members and, if so, which member will be removed and the person’s reasonable estimate of the length of time that the hearing will take.
When appearing before the Board of Review, the personal shall specify, in writing, the person’s estimate of the value of the land and of the improvements that are the subject of the person’s objection and specify the information that the person used to arrive at that estimate.
No person may appear before the Board of Review, testify to the Board or by telephone or object to a valuation; if that valuation was made by the Assessor or the Objector using the income method of valuation; unless the person supplies the Assessor all the information about income and expenses, as specified in the Assessor’s manual under Sec. 73.03 (2a) of Wis. Statutes, that the Assessor requests. The Village of Luxemburg has an ordinance for the confidentiality of information about income and expenses that is provided to the Assessor under this paragraph which provides exceptions for persons using information in the discharge of duties imposed by law or the duties of their office or by order of a court. The information that is provided under this paragraph, unless a court determined that it is inaccurate, is not subject to the right of inspection and copying under Sec. 19.35 (1) of Wis. Statutes.
The Board shall hear upon oath, by telephone, all ill or disabled persons who present to the Board a letter from a physician, surgeon or osteopath that confirms their illness or disability. No other persons may testify by telephone.
Objections Forms may be obtained at Municipal Office.
Respectfully submitted,
Michelle Seidl
Village Clerk-Treasurer
SPECIAL MEETING OF THE BOARD OF TRUSTEES Tuesday, May 21, 2013
Please take notice that the Board of Trustees of the Village of Luxemburg will hold a special meeting on Tuesday, May 21st at 7:00 p.m. at the Village of Luxemburg Municipal Office Building, 206 Maple Street, Luxemburg, at which time and place the following items of business will be acted upon:
1. Roll Call
2. Adopt Agenda
3. Review and take action on 6 Month Class “B” Retail License application for Luxemburg Speedway Group, LLC – agent Genial Mathu - for May 21, 2013 through October 21, 2013.
4. Adjourn
Michelle Seidl
Clerk/Treasurer
Any person wishing to attend this meeting who, due to disability, requires special accommodations should contact Michelle Seidl, Village Clerk, at (920) 845-2722, at least 24 hours prior to the meeting so that appropriate arrangements can be made.
MEETING OF THE BOARD OF TRUSTEES Tuesday, May 14, 2013
Please take notice that the Board of the Village of Luxemburg will hold their regular monthly meeting Tuesday, May 14, 2013 at 7:00 p.m. at the Village of Luxemburg Municipal Office Building, 206 Maple Street, Luxemburg, at which time and place the following items of business will be acted upon:
1. Roll Call
2. Adopt Agenda
3. Approve Minutes from the April 11, 2013 Board Meeting
4. Approve Minutes from the May 9, 2013 Special Meeting.
5. Approve vouchers for payment.
6. Review and take action on application on NEW Operator’s License for Scott Daul, Luxemburg Strikers. Background check passed. Responsible beverage server course complete.
7. Review and take action on NEW Operator’s License for Alexandria B. Marks for Venture One Stop. Background check passed. Responsible beverage server course complete.
8. Review and take action on request from The Boardinghaus, LLC. to amend their Class B Retail license to allow serving of beer and alcoholic beverages served in cans or plastic containers to be consumed in the adjacent lot to the north of the building and in the parking lot situated at 831 Main Street, during business hours, on Saturday, May 18, 2013 for the Luxemburg Village Rummage Sale and on Saturday, May 25, 2013 for the Wounded Warrior Motorcycle Ride.
9. Review and take action on Resolution 05-2013 to assign an address of 307 Cedar Street to Parcel #146-00040-1200, Alt. Parcel #31 146 NLP 57.
10. Review and take application on Fireworks Permit for Simonar Shell, Dale Simonar.
11. Update on outstanding Fire Department Invoices
12. Discuss results of Haven Lane mediation Thursday, 5/9/2013
13. Discuss Personnel Handbook
14. Discuss Janitorial Responsibilities
15. Outstanding requests to Attorney Dennis Abts – Abts Law
Revision of Zoning Code 9.70 (3) Application for Zoning Amendment fee from $100.00 to $500.00.
Revision of Zoning Code 9.70 (3) (c ) Application for Variance, Special Exception Fee increase from $50.00 to $250.00.
Revision of Village Ordinance 2.09 (2) (a) & (b) to mirror §62.23 (1) to reduce number of Plan Commission members to 7.
Contract for Brett Guilette – Licensed Building Inspector.
16. Committee Reports
17. Other New Business-Next Month Agenda Items
18. Adjourn
Michelle Seidl
Clerk/Treasurer
Any person wishing to attend this meeting who, due to disability, requires special accommodations should contact Michelle Seidl, Village Clerk, at (920) 845-2722, at least 24 hours prior to the meeting so that appropriate arrangements can be made.
OFFICIAL VILLAGE BOARD PROCEEDINGS May 9, 2013
The Luxemburg Village Board held a special meeting on Thursday, May 9th, 2013 at 7:00 p.m. at the Municipal Office Building located at 206 Maple Street, Luxemburg.
Members Present: Kevin Tebon, Gerald Bertrand, Lyle Jandrin, Jack Seidl, Josh Salentine, Dan Olson. Todd Dorner absent.
The May 9, 2013 Agenda was adopted on a motion made by Josh Salentine and seconded by Dan Olson. Motion carried.
Motion made by Jack Seidl and seconded by Kevin Tebon to approve the application for Temporary Class “B”/“Class B” license for Algoma FFA Alumni for Friday, May 10, 2013 at 625 Third Street for Luxemburg Speedway races. Yea votes by Kevin Tebon, Gerald Bertrand, Lyle Jandrin, Jack Seidl and Dan Olson. Nay vote by Josh Salentine. Motion carried.
Motion made by Gerald Bertrand and seconded by Kevin Tebon to approve the application for Temporary Class “B”/“Class B” license for Algoma FFA Alumni for Friday, May 17, 2013 at 625 Third Street for Luxemburg Speedway races. Yea votes by Kevin Tebon, Gerald Bertrand, Lyle Jandrin, Jack Seidl and Dan Olson. Nay vote by Josh Salentine. Motion carried.
The meeting adjourned at 7:25 p.m. on a motion by Josh Salentine and seconded by Jack Seidl. Motion carried.
Michelle Seidl
Clerk/Treasurer
OFFICIAL VILLAGE BOARD PROCEEDINGS April 11, 2013
The Luxemburg Village Board held their regular monthly meeting on Thursday, April 11, 2013 at the Municipal Office Building located at 206 Maple Street, Luxemburg.
Members Present: Lyle Jandrin, Gerald Bertrand, Todd Dorner, Dan Olson, Josh Salentine, Jan Swoboda, Mike VanEss
The April 11, 2013 Agenda was adopted on a motion made by Dan Olson and seconded by Todd Dorner. Motion carried.
The March 12, 2013 Board Meeting Minutes were approved as printed on a motion made by Jan Swoboda and seconded by Gerald Bertrand. Motion carried.
A motion was made by Jan Swoboda and seconded by Todd Dorner to approve payment of vouchers in the amount of $291,198.35 including additions. Motion carried.
Monetary donation made by Jenny Salentine on behalf of “Hooray for Hollywood. Hooray for Hollywood is a Kewaunee young people’s theater fund raiser that performs annually at the Kewaunee County Ag Heritage Days. 189 sponsors gave close to $16,000 and a cash raffle brought in another $3,000 approximately. Two sell out performances were presented. Ag Heritage Farm puts on food and refreshments. Proceeds from this fundraiser stay within the county. Todd Dorner, Chairperson of the Village Parks Department, sent a letter to “Hooray for Hollywood” requesting a donation to cover the cost of materials for new picnic tables. The L-C Tech Ed program will be donating the table construction. The Luxemburg Police Department also received a donation to apply toward the cost of a new defibrillator.
Tom Karmen from Schenck summarized the 2012 Annual Financial Report for the Village. Clean opinion received on Village activities received. General Fund and TIF district revenues for 2012 were just a little over $1.1 million. Total expenditures $1,119,000. We actually had a decrease in fund balance of approximately $18,000 for the year. Original 2012 budget included a “borrowing” of about $41,000 which we did not end up financing. However, 2 trucks, not budgeted for, were purchased at a cost of $120,000. Payment was made from on hand funds. Ending balance for 2012 was just under $652,000. This is a good balance to have on hand.
The TIF District: Total Revenues a little over $520,000 spending $210,000. Balance at year end approximately $577,000. Taking into account TIF debt, if no additional spending occurs, we have about $407,000 that needs to be recovered yet. If we do not identify more projects and all costs so far are recovered, TIF District should close.
Water & Sewer Utility: Sewer utility change in net position $120,000 positive. Water utility generated a slight loss but close to breaking even. Both operations are actually making money because principal payments are not considered revenue so both are creating positive cash flow. End of 2013 we should consider another simplified rate increase.
Sewer equipment reserve account $447,000. Water equipment reserve account: $0.Water account has a $57,000 balance at year end.
Audit process went well. No problems or issues.
Garbage & Recycling Costs vs. Revenues: 2012 Expenses $120,485.00. Revenues were $49,700.00. Possible option to cover the gap would be to add a separate line item to the tax bill outside of the current tax levy or to add a monthly charge to the utility bill rather than utilizing a “sticker” program. This would save on transaction time at the counter and would recover lost revenues when residents use a ½ sticker per bag. A second option would be to add a line item on the property tax bill for the recycling expenses only and still exercise the current garbage “sticker” program. Todd Dorner spoke with the City of Manawa and they work with three separate garbage contractors and require each resident to sign an individual contract for garbage and recycling services. Lyle suggested that we continue discussing the issue to make a determination at budget time later this year. In the meantime, we should consider raising the price of garbage stickers from $1.50 to $2.00 to help offset a small portion of the current expense since we have not raised sticker pricing in quite a while.
Motion made by Josh Salentine to raise garbage sticker price as of Friday 4/12/2013 to $2.00 each with price to vendors who resell: $1.90. Second was made by Jan Swoboda. Motion carried. Resellers with current inventory can keep additional profit on in hand rolls rather than the Village requesting additional funds.
Gerald will be attending the “Pay-As-You-Throw” garbage reduction workshop in Weston, WI on Friday, May 3, 2013 from 1:00-3:15 p.m. This program is a new approach helping Municipalities save money and improve current garbage and recycling efficiency. “Pay-As-You-Throw” is a DNR supported program that promotes utilization of automated systems with bin size options for residents. Costs for garbage and recycling are then billed to residents based on bin size, on the monthly utility bill. This system improves resident awareness of their garbage consumption hopefully resulting in reduced volume being tossed.
Lyle, Jack Seidl and Jonas Barbiaux met with Brett Guilette, Inspection Specialist on Wednesday, April 10. It is being proposed that Brett will take care of all Uniform Dwelling Inspections which will cover new builds and major remodel projects. Temporarily Jonas will stay to take care of the smaller permits until we are able to find someone interested in taking on this position. Jonas will provide the Village with a listing as to what we need a permit for and what the fee for each small permit is. Brett has provided a fee schedule for the Inspections that he will issue permits for. In our agreement with him, he will keep 90% of fees collected and return 10% back to the Village of Luxemburg as payment for services. Services not covered by permit fees will be paid out to Brett at $35 per hour. Lyle is to work with Jonas as to how he will be paid.
Motion made by Todd Dorner to approve the hire of Brett Guilette to replace Jonas Barbiaux as Inspection Specialist while adopting Brett’s new fee schedule. Second was made by Gerald Bertrand. Motion carries.
Zoning Code 9.70 (3)(a) Zoning Amendment Fee Increase: Motion made by Todd Dorner to proceed with change to Zoning Amendment Fee 9.70 (3)(a) from $100.00 to $500.00 to cover a larger portion of our costs when it is requested that the Planning Commission meet. Second was made by Gerald Bertrand. Motion carried. Public Hearing for this Zoning Code change will be at the May.
Zoning Code 9.70 (3)(c) Application for Variance, Special Exception Fee Increase: Motion made by Todd Dorner to proceed with change to Zoning Code 9.70(3)(c ) to increase Variance, Special Exception Fee from $50.00 to $250.00 when it has been requested that the Board of Appeals meet. Second was made by Josh Salentine. Motion carried.
Unpaid Fire Department Bills: When there is a fire call within the Village limits and billed costs are unpaid by parties involved, the Village of Luxemburg is responsible for the open balance. We currently have three outstanding bills: $150.00 (Rick Parlato, Mishicot & Mark Fisher, Luxemburg), $65.00 (Patricia Harbek, address unknown) and $246.00 (Terry Fameree, New Franken). In the Parlato/Fisher case, the Fire Department has not received payment because the involved parties are claiming that they were not the ones that requested assistance and no fire call bill was received prior to the Village’s contact with them. We are unable to locate Patricia Harbek as she has moved out of the Luxemburg area. In the remaining case, it has been indicated that assistance was called for by an off duty Luxemburg Fireman and by the time the Fire Department arrived, the fire was out due to the fast thinking of the off duty Fireman. Ms. Fameree and her automobile insurance feel no charge should be incurred since nothing was done by the arriving Fire Department personnel even though they responded.
The Fire Department has the option of going to small claims for these costs but because we are not the Fire Department, we may not have the ability to file on their behalf.
Lyle recommended that we speak with Attorney Dennis Abts as to the cost to sending an initial collection letter. We may need to have a policy put in place as to the steps we will take if we continue to receive these bills and are unable to resolve.
Motion made by Dan Olson to approve request to amend Class “B” Retailer License #23 for Luxemburg Strikers, Todd Dorner Agent, to include Legion Park location at 307 Elm Street for July 26th through July 28, 2013 for Luxemburg Community Softball Tournament. Second was made by Jan Swoboda. Motion carried. Todd Dorner abstained from vote.
Motion made by Mike VanEss to approve application for Temporary Class “B”/”Class B” Retailer License for Luxemburg Casco United Softball Organization for May 17 through May 19, 2013 for the Community Center Ball Field at 231 Maple Street and Legion Park at 307 Elm Street. Second was made by Gerald Bertrand. Motion carried. Todd Dorner abstained from vote.
Motion made by Gerald Bertrand to approve the Non-Intoxicating Beverage License Applications for Luxemburg Casco United Softball Organization for issue date through June 30, 2013 for Legion Park at 307 Elm Street and Community Center Ball Field at 231 Maple Street and for Luxemburg Strikers for issue date through June 30, 2013 for Legion Park at 307 Elm Street and Community Center Ball Field at 231 Maple Street. Second was made by Mike VanEss. Motion carried. Todd Dorner abstained from vote.
Haven Lane Mediation scheduled for Thursday, May 9th at 9:00 a.m. Decision made unanimously by Board to allow Kahr’s and Heupel’s to extend payments no more than three years but no reduction in assessments will be negotiated.
Motion made by Todd Dorner to pass resolution 03-2013 thanking Jan Swoboda for her 12 years serving as Trustee of the Luxemburg Village Board. Second was made by Josh Salentine. Motion carried.
Motion made by Todd Dorner passing resolution 04-2013 thanking Mike VanEss for his 2 years serving as Trustee of the Luxemburg Village Board. Second was made by Dan Olson. Motion carried.
Street & Utility Reports:
• Well #4 is being air developed. On Monday if the water looks clear they will begin to put it back together. Production flow had dropped from 225 to 165 gallons per minute which is why Water Well Solutions came out. Once well was pulled, there were holes in the column pipe. Stray voltage seems to be the cause of the holes. Engineer’s from Robert E. Lee and Stahl Electric is checking into causes for the stray voltage. They are thinking it may be improper grounding. The pump also was damaged due to the stray voltage. VanDrisse Insurance was contacted and we have equipment failure as part of our Village policy. Hopefully we will get some funding to recover part of our costs.
• Water Tower is being cleaned by Water Tower Clean & Coat for $2,900.00
• We are having issues with Well #1. A piece of broken casing dropped causing the pump to start and stop repetitively. Once Well #4 issues are resolved, Well #1 problems will need to be addressed.
New Business & Next Month Agenda Items:
• Board agreed to proceed with changing of Village ordinance 2.09(2)(b) to parallel § 62.23(1)(a) allowing a minimum of 7 members (3 must be citizen members with qualified experience). The President can add himself and the building inspector if he wishes. All serve for a term of three years. After this has been completed, Lyle will discuss reducing the member numbers with the Planning Commission.
The meeting adjourned at 9:25 p.m. on a motion by Jan Swoboda and seconded by Mike VanEss. Motion carried.
Michelle Seidl
Clerk/Treasurer
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