Minutes: June 10, 2009

Village of Plain

Village Board Proceedings of June 10, 2009


The Regular Monthly meeting of the Board of Trustees of the Village of Plain was held at the Municipal Building on June 10, 2009.  The following members were present: Raymond Ellenbolt, President; David Buchanan; Robert Jewell; James Liegel; Duane Meise; Robert Neuheisel; and, Merry Lynn Riek, Trustees.


Others present: Kevin Kraemer; Don Ederer; Jan Ederer; David Ederer; Pat Ederer; Angela Merritt; Richard Merritt; Chris Raught; Carrie Raught; Edward Hess; Dr. Mike Knoll; Dr. John Been; Wayne Bindl; Phil Studnicka; Josh Straka of Strand Associates, Inc.; Karna Hanna of the Sauk County Development Corporation; Gary Ilminen of the Home News; Chief Kevin Wilkins; Officers Marty Prem and Chuck Schreiber; and, Nick Ruhland, Public Works Director.


Notice of this meeting, along with the agenda, was posted at the following locations in the Village of Plain: the Municipal Building; the Plain Post Office; and, The Peoples Community Bank on Monday, June 8, 2009.  Notice was emailed to the Home News and the Baraboo News Republic on the same date.


The meeting was called to order by President Ellenbolt at 7:30 p.m.


Meise motioned to approve the minutes of the May 13, 2009 Regular Board Meeting. Neuheisel seconded the motion, and it carried unanimously. Jewell then motioned to approve the minutes of the May 20, 2009 Special Meeting. Liegel seconded the motion, and it carried with Buchanan abstaining. Next, Liegel motioned to approve the minutes of the May 20, 2009 Board of Review. Jewell seconded the motion, and it carried with Buchanan abstaining. Jewell motioned to approve the minutes of the June 1, 2009 Board of Review. Meise seconded the motion, and it carried unanimously. Finally, Neuheisel motioned to approve the minutes of the June 1, 2009 Special Meeting. The motion was seconded by Meise and it carried unanimously.


President Ellenbolt started the annexation discussion by putting the following motion on the table: To act on the sewer-annexation contract and annex all five properties to the Village.


It is not required to run water or fire hydrants out to these properties. Hooking up to water would be at the expense of the property owner, not the Village. They would have the same fire protection as they have today. Non-resident water and sewer customers pay the same rates as residents. It depends on the size of the meter.


Angela Merritt stated that they are happy as a whole in the Township and that is their opposition. In September of 1998 Don Ederer was not opposed to being annexed.


The tax payers of the Village helped pay for the sewer line to be ran to the Village limits. It is believed that the Village residents would want this contract to be fulfilled. The intent with the contract between the Village of Plain the River Valley Vets was that when five were hooked up to the Village’s sewer system, they would all agree to annex. Unfortunately, the contract was not recorded at Sauk County.


Rich Merritt claims he was not aware of this agreement when he bought his house. His house was previously owned by Don and Jan Ederer.


Cliff Schmitt signed the original contract where Ederer Dairy Supply and the Merritt house sits now. Ederer Dairy is pretty sure they reimbursed Schmitt for his cost for the connection to the sewer line. Schmitt’s contract is assumed by successors of the property, thus passing on to Ederer Dairy Supply accordingly. There are no known contracts for the Hess and Schreiner properties.


Edward Hess was concerned about keeping his well. The board assured him that he could keep his well.


It is against state statue for the Township to object to an annexation. Township Chairman Joe Prem did state that he does not want to “loose them into the Village forever.”


The Village does not want to set a precedent so someone else does not expect the Village to run utilities outside the Village limits.


Vet Clinics are very hard on septic systems. That sewer line has to be jetted a lot.


It is unknown who is the owner of the sewer line. Dr. Been believes the Vets still own it since they paid for it. The contract states that it was to be deeded over to the Village, but that was not done. The Vets asked if they could be annexed and leave the other four properties alone just to put an end to this.


Merritts claimed to have an existing septic system already. Chris Raught said they have entertained the idea to put in a septic system at the Hess home.


There are three options: Annexation; Disconnect from the sewer system; or, proceed to litigation. The board is not happy to leave it the way it is.


Liegel feels that a number can’t be put on wear and tear. There are a lot of hidden costs and too many different variables. Other costs to analyze are cost of an easement and updating the sewer plant. Ownership of the line should be determined. Can the Vet Clinic be annexed alone?


President Ellenbolt rescinded his motion to proceed with the annexation.


A motion was made by Buchanan to set a follow up meeting on July 1, 2009 at 7:00 p.m. Meise seconded the motion and it carried unanimously.

Josh Straka of Strand Associates, Inc. addressed the board next regarding the Plain Honey Creek Business Park. The tangible floodplain and the flood fringe has been determined. The flood fringe can be filled. The DNR has to approve the model and then the Village Board will then need to approve the new model.


The access road will come straight across from Kraemer Avenue. The DOT requires 1,200 feet of clearance and there is sufficient clearance. The storm water detention will be south of the road for all the lots to the north. The excavation will grade out. The earth above will fill in the area below. It appears that 18 acres is usable. All the permits will be attained now so it is ready to go. Straka would like to delay specifications of the project because if the Village obtains EDA money, the specifications will be different.


Sewer is sufficient to serve this development, the next development and little beyond. Water, under DNR fire protection standards, must maintain 500 gallons per minute at 20 psi. There is a lot of friction lost to the top of the hill because it is a one way main. It just makes the requirement. However, if a commercial building is built that requires a large sprinkler system, there could be a potential problem.


Straka then updated the board on the EDA grant. Gail from the Department of Commerce needs help with the application. There is a meeting scheduled for next week with Vandewalle & Associates, Inc. for a brainstorming session for a business plan to ensure the sustainability of the building. The business plan will cover all aspects of the project.


There is money that the Village has to front for this project. After the business plan, there may be an environmental study involved. The LEED learning center and the infrastructure are considered one project. Meise motioned to move forward with the business plan. Buchanan seconded to motion and carried unanimously.


Karna Hanna presented the Sauk County Development Corporation (SCDC) 2008 Annual Report. She reported that 2008 was a challenging year with the flood and the recession. The housing market was down 25%, but the median price for homes only dropped 5%. The Sauk County unemployment rate was 4.8% in 2008, up from 4.6% in 2007. However, going forward in 2009, the rate has doubled. Sectors in Sauk County that were affected by the recession were manufacturing, small construction, other services and agriculture. Karna reviewed issues that SCDC is involved in. Karna thanked President Ellenbolt for his participation on the SCDC board and thanked Clerk/Treasurer Tafs for her relationship with SCDC.



Police Department Report


Officer Marty Prem presented a summary for the Police Department. The report management system for the Police Department is being utilized. They are still trying to address the speeding issues. They have written three citations, two written warnings and one verbal warning for speeding since the last board meeting. Officer Prem has contacted Sauk County regarding placing the radar board in the Village. All comments coming in have been positive regarding having the Spring Green Police Department in Plain.



Committee Reports 


Building & Swimming Pool – Buchanan


The Pool is open and received a donation of six lounge chairs. The Swim Team is struggling to get organized.


The Building Committee is working on a letter for Steve Biggers to pick up his driveway permit or be fined again.



Police – Meise


No Police Committee report.



Golf & Parks – Neuheisel


Olivia Bergman and Ryan Ring did not accept the Golf Course Starter position. The three remaining Starters will average about 10 hours per week. Duane Meise mowed the creek bed with some of the Committee members.


The Park Pavilion shingles are starting to show their age. The warranty is being checked into. A shingle would then have to be sent in to be tested.


There were donations for the ball park restructuring. Kraemer Brothers donated 30 baseball uniforms, a new fence, new backstop, one man and SkyTrack for four hours, batting cage installation was two men for 16 plus hours and drain tile material. The Kraemer Company donated clear stone for the drainage project and top soil and lime & breaker run for batting cage. Mark Alt of Ridge Top, LLC removed stumps and groundwork around batting cage. The Ed Paulus family donated the batting cage. They should be recognized by putting a letter in the Home News.


The pitching machine motor needs to be repaired and will cost $264.



Finance & Library Liaison – Riek


The Finance Committee will be working on the budget during the summer this year. The first meeting is scheduled for July 7th. At the July 8th Regular Board meeting, the Committee heads will get their budget spreadsheets. They will need to turn in their budgets by July 22nd. On July 29th, Committee Chairs will meet with the Finance Committee to review their budgets.


No Library report.



Water & Sewer - Liegel


Water Pumpage for May:


Well No. 1:      548,000

            Well No. 2:   2,253,000


Total for May: 2,801,000 gallons, which was 15,000 gallons more than last year.


Two bacteria samples were sent to the State Lab. Both samples tested safe.


            Monthly fluoride average: 1.1065 p.p.m.


Wastewater Report for May:


            Influent Monthly Average B.O.D.:    156 mg/l

            Effluent Monthly Average B.O.D.:    13        Limit: 15 mg/l


            Influent Monthly Average T.S.S.:      200 mg/l

            Effluent Monthly Average T.S.S.:      8          Limit: 20 mg/l


Monthly Average Nitrogen Ammonia: .5358 mg/l    

Limit: 20.0 mg/l Monthly

                        29.0 mg/l Daily


            Total gallons treated: 3,239,200



Streets & Ordinance – Jewell


Nick has to PASER grade all the streets in the Village. After that is complete, the 5-year plan will be reprioritized.


The crosswalks will be painted. Crosswalks on Highway 23 will have a more noticeable crosswalk for drivers.


Nick needs to look into fixing the storm sewer by Maple Street on Highway 23. The County is not as willing to help the Village out. A contractor will need to be hired.


Ordinance 13.15(12) needs to fully reviewed. The ordinance pertains to service to outlying territories. Properties need to be annexed before they receive Village utilities.



Other Business


Nick Ruhland presented estimates for the pool drain upgrade for the Virginia Graeme Baker Act, painting the pools and a squirrel on a stump figure to place over the drain in the baby pool. The total estimate would be $36,408.00. This is not budgeted for. The pool has to be jack-hammered to access the drain and for that reason, the pool has to be painted. The project has to be completed before opening day in 2010. Weather in the fall is better than the spring. Buchanan motioned to do all of this work this year when the pool closes. Jewell seconded the motion and it carried unanimously.


Buchanan motioned to approve Resolution 2009-04 requesting exemption from the Sauk County library tax levy for 2010. This was seconded by Meise, and then carried unanimously.


Liegel motioned to set the annual Budget Hearing for Wednesday, December 2, 2009 at 7:00 p.m. This was seconded by Buchanan, and then carried unanimously.


Liegel motioned to approve the contract with Consumers Co-op Oil Company for propane delivery for the period July 1, 2009 to June 30, 2010.  This was seconded by Jewell, and the motion carried unanimously.


A motion to grant approval for operator’s licenses was then made by Neuheisel and seconded by Buchanan.  The motion carried unanimously.  All licenses as follows are for the period July 1, 2009 through June 30, 2010.







Diane E




David L


Jane E


Jacquelyn J


Ralph L


Cathleen A


Genevieve L




Rosemary E


Chelsea M


Charlene M


Sherri A


Lori A


Nicole D




Ashley A.




Hannah L




Michelle L




Donna M








Marlene R










Rosalia L




Stephen J


Doreen M


Sarah R


Cheryl J


Tammy K


Fred G



Jewell motioned to approve a temporary Class B Retailer’s License, the temporary operator’s licenses, a fireworks display permit and the extended hours permit for the Fire Department and E.M.S. Three-Day Celebration. This was seconded by Buchanan, and then carried with Riek abstaining.


Liegel asked what was decided with Viola Paulus’ terrace for the Cedar Street construction. The last time the board discussed the issue, it was decided that there will be a terrace at the Paulus residence. Trustee Jewell volunteered to talk to Mrs. Paulus.


The Sauk County Clerk will be charging $1,495.77 annually to administer the Village’s voter registration system. The cost was an average of $800. The Sauk County Clerk was instructed by the County Board to re-coop all expense incurred for this service from the municipalities.


An invoice was received from Chippewa Valley Technical College for training of two part-time police officers training in 2007. The college has been called numerous times to discuss this late invoice. They will not return the phone calls. The board agreed not to pay the invoice.





Dave Schreiner called the Village office and said, “You tell Mr. Ellenbolt that I will not be attending the meeting and I will not be annexing to the Village.”



Review and Audit of Invoices:


A motion to pay the monthly invoices as presented was made by Liegel. Jewell seconded, and the motion carried unanimously.


General Fund 


Water Utility


Library Fund      


Sewer Department


Golf Course


Wage Reimbursements:



Meise motioned to adjourn at 10:35 p.m.  This was seconded by Neuheisel, and then the motion carried unanimously.





Sheila Tafs