In our last article we discussed various problems with Town Plan Commission meeting agendas.  In particular, in regards to the codification project they have been working on during 2007.  We noticed that the order of their meetings changed, without any change to the by-laws, which specifically mention the order of their meetings.  The codification project discussions were placed at the end of the meetings in July, where previously it was listed under "Old Business".  This was done without any discussions or amendments to their by-laws; an apparent violation.  We also discussed their meeting agendas which became increasing vague throughout the end of 2007, in particular with use of items such as, "General Code, "Chapter 450", and "other" as meeting topics, contrary to the Wisconsin Attorney General's Open Meeting Compliance Guide.

In this article we will examine the meeting minutes comparing them to what we have discovered by listening to recordings of TPC meetings, in particular, to those meetings towards the end of the year with the vague agendas.

 

MEETING MINUTES 

When this article first took shape, we weren't exactly sure what were looking for so we began the long and arduous task of listening to Town Plan Commission audio recordings, comparing them to their minutes, looking for discrepancies and missing topics of discussion.

Rather than starting from the beginning of the year, we decided to start where we began notice trouble with the TPC agenda, in particular, the Special Monthly Meeting  of July 11, 2007 Agenda when Item VIII. changed from "Future Agenda Items" to "General Code". 

Here is how this agenda item appears as posted:

VIII. General Code

  A. Chapter TBD Special Events/Parks and Recreation permits

  B. Chapter 450 Setbacks/Dimensional Requirements

  C. Chapter 450 Home Occupational Use

  D. Chapter 450 Article VI Signs

  E. Chapter 450 Article VI Regulation of Special Uses: Junk/Salvage Storage Yards

  F. Other

 

(Click here for the agenda from this meeting.)

This was the first meeting where the ordinance codification project was moved to the end of the meeting.  Apparently, no one on the TPC noticed this violation of bylaws as there is no discussion about this during the meeting.  We do not know why this happened, but we guess that it was to facilitate getting "regular" Town Plan Commission business over with before the lengthy discussions began.  However, it also may have been to discourage the public from attending these meetings by making them "endure" the normal business of the TPC before getting onto the ordinance work.  Many of these discussions concerning ordinances are quite long, and many hours were spent discussing the various concerns of the Commissioners.

The minutes of this meeting reflect that only agenda items "A. Chapter TBD Special Events /Parks and Recreation permits" and "B. Chapter 450 Setback/Dimensional Requirements".

 

Here is an excerpt from the minutes of this meeting:

VIII General Code

   A. Chapter TBD Special Events Discussion. Draft as submitted needs to have references to Town Board changed, so Town Clerk can issue permits. TB sets fee schedule -final discretion stays with the Town Board. Discussion whether item "Public Gatherings" should fall under Special Events.

   B. Chapter 450 Setbacks/Dimensional Requirements Discussion. Some of the points discussed:

       • S1 lot width is not meant to be different from S2

       • If the lot is on the water the front is considered to be facing the water, if not on the water, the front faces the closest road access.

       • Setback concerns:

            1. In S2, not changing lot requirement, but changing setbacks, i.e. 85% setback area to 69% setback area.

            2. Reasonable proportion to size of lot S1 from 50 to 30 feet (front), from 50 to 30 feet (rear).

       • D.Hoffman: need definition of non-conforming lot.

 

(Click here for the minutes from this meeting.)

 

There is no mention of any of the other agenda items in the meeting minutes and the audio recording confirms this.(Click here for the audio recordings for this meeting.)

We do notice that the minutes also mention a meeting scheduled for July 18th, 2007, which is for their regular monthly meeting.  However, to our knowledge, no meeting actually occurs on this date, and no explanation is given. 

 

The next posting of an agenda is for another "Special Monthly Meeting" for August 1st.  It includes the following agenda items:

 

VIII. General Code

  A. Special Events/Parks and Recreation permits: final review

  B. Private Road and Driveway Access

  C. Camping on Private Lands

  D. Chapter 450-52 Violation and Penalties

  E. Additional Definitions

  F. Chapter 450 Setbacks/Dimensional Requirements

  G. Chapter 450 Article VI Regulation of Special Uses: Junk/Salvage Storage Yards

  H. Continuation of Chapter 450

 

(Click here for the agenda for this meeting.)

 

The minutes of this meeting show this for item VIII :

 

VIII. General Code

   A. Special Events/Parks and Recreation Permits: Final Review Discussion. Need to have "point person" for event scheduling. M. Starck moves that amended special events draft be submitted to TB. Second, B. Fischlowitz. All in favor, 7 aye. MC.

   B. Private Road/Driveway Access Discussion.

 

However, if you listen to the recordings, the private road/driveway access discussion starts by Emergency Service access concerns. 

 

Once again, there is no mention of any of the rest of the items listed on the agenda and the audio recordings confirm this.  (Click here to listen to this meeting.)

 

However, we did notice a peculiarity in the minutes.  There are two items listed "IX", and one of them shows the next meeting scheduled for July 18, 2007, which at the time of the meeting, has already past. 

(Click here for the minutes of this meeting.)

 

The next meeting actual occurs on August 15, 2007, which is for their regular monthly meeting.  This is the meeting where allegedly two petitions, one with nearly 40 signatures were submitted to the Town Plan Commission during the meeting and they are not seen again until sometime in January 2008, when public information requests by Nelson reveal that they are not part of the public record.  Nelson's petition is later found five months later, in the procession of Lois Carlson, acting recording secretary of the group.  However, these petitions are not mentioned in the meeting minutes for this meeting although the minutes state:

 

Tom Nelson states that he and a group of citizens believe there is not adequate information regarding the ordinance review and re-write. He would like to have Public Hearings to address concerns.

 

(Click here to see the minutes from this meeting.)

 

The verbiage of the petition that Nelson submitted at that meeting is essentially what is stated above. Details of how Nelson's petition were lost or found are never made public, however at the Town Board Public Workshop on Nuisance Property/Property Maintenance on January 29, 2008, Carlson claims the mistake was hers and "takes full responsibility" and claims that these petitions were not "properly submitted".  (Click here to see the petition.)  (Click here to read the story.)

 

This meeting's agenda lists the following topic under VIII. General Code:

 

VIII. General Code

  A. Private Road and Driveway Access -continuing discussion

  B. Chapter 450 Article VI Regulation of Special Uses: Junk/Salvage/Storage Yards

  C. Chapter 450 Camping on Private Lands

  D. Chapter 450 Setbacks/Dimensional Requirements

  E. Continuation of Chapter 450 as time allows

 

Minutes for that meeting reflect the following:

 

A. Private Road and Driveway Access -continuing discussion Address that culverts need to be adequate. Consensus: Brush needs to be clear 100 feet in either direction (Side to side clearances of 14 feet to ensure visibility of oncoming vehicles for 100 feet for Emergency Vehicles).

B. Chapter 450 Article VI Regulation of Special Uses: Junk/Salvage/Storage Yards Discussion brought forth the following points:

    • Under the existing ordinance -"Junk" needs to be 200 feet from the property line.

    • Who is monitoring ground under sites with accumulation of vehicles for groundwater pollution?

    • If you have a "junkyard" under the current ordinance and definition, a CUP is required.

C. Chapter 450 Camping on Private Lands Discussion brought forth the following points:

    • Change use of privy from 45 to 90 days to match existing ordinance

    • Define "extended period" for more than 2 days

    • Add service contract on file with ZA for privy service

D. Chapter 450 Set backs Dimensional Requirements Discussion brought forth the following point:

    • A Cul-de-sac will possibly create substandard lots Consensus: move changes on to Town Board for approval.

 

E. Home Occupation Discussion brought forth the following point:

  • Home business cannot occupy more than 25% of residence or outbuilding

When we went to listen to the audio recordings for this meeting, we found that there weren't any.  Either the meeting was never recorded, or files were not copied onto the computer, or they were possibly destroyed.  Any "proof" about what happened at this meeting does not exist.  This is unfortunate as it may have been possible to determine what happened at this meeting, especially concerning the petitions that Nelson submitted, however, there is nothing to compare the minutes to.  To date, no statement has been issued by the Town Plan Commission as to why no audio recordings exist of this meeting. 

 

(Editor's Note: It is interesting to note that there was an equipment failure at a recent Town Plan Commission meeting and only part of the meeting got recorded.  However, Town Plan Commission Recording Secretary Jessica Hatch issued a statement  concerning the problem. (Click here for Hatch's statement.))

 

Between this meeting and the next, there is a Public Hearing on Robert's Hartzel's Conditional Use Permit for a spa on August 29, 2007 at 5:00pm and later that evening, at 7:00pm, there is a Public Workshop for Junk & Nuisance Property.   Even though the public hearing is documented, the public workshop is not.  No attendance list is entered into the public record and there are no minutes from this meeting.  Also, the facilitator of the workshop, Ric Gillman asks attendees for written input, but no responses to his request are entered into the public record.  (Click here to listen to this meeting.)

 

Also, of the several public workshops that were held earlier this year, this is the only workshop where an audio recording exists.   This is also a violation of Town Plan Commission by-laws which state minutes must be taken at all meetings and audio recordings must be made.  Because no minutes were taken or recording made at the other Town Plan workshops, it is impossible to tell which Commissioners or members of the public attended these meetings.

 

The next meeting is a special monthly meeting held on September 5th, 2007 and if you listen to the recordings of this meeting, you will hear that other problems with the minutes for the August 15th meeting were discussed.  However, there is no mention of any petitions.

 

The agenda for VIII. General Code is as follows:

 

A. Discussion of September 21st target date for drafts to General Code

B. Chapter 450 Article VI Regulation of Special Uses: Junk/Salvage storage Yards (discussion of Workshop Comments)

C. Definitions

D. Permitted Uses

E. Continuation of Chapter 450

 

(Click here for the agenda for this meeting.)

 

The minutes reflect the following:

 

A. Discussion of September 21st target date for drafts to General Code List of questions has been received from General Code on Chapter 450. C. Broberg suggests scheduling additional work sessions to complete. (B. Fischlowitz leaves meeting at 6:29 P.M.) Will discuss new target date with General Code. Work group to meet on September 17th to discuss definitions at 9:00 am.

B. Chapter 450 Article VI Regulation of Special Uses: Junk/Salvage/Storage Yards (discussion of workshop comments) Discussion brought forth the following points:

  • Reviewed workshop comments: discussion.

  • Discussion of "Lort" -Danish word meaning "one man's trash is another's treasure" -a word used in workshop

Discussion of a town-wide clean-up day where the Town can offer assistance in cleaning up properties -i.e. cars moved off properties. (B. Fischlowitz returns to meeting at 6:58).

C. Definitions As noted above, workshop to discuss definitions scheduled for September 17th at 9:00 am.

D. Permitted Uses No Discussion.

E. Continuation of Chapter 450

       Subjects yet to be covered:

        382 Solid Waste

        388 Snowmobiles & ATV's

            Subdivision of Land

            Sidewalks

 

 

Audio recordings indicate that these were the topics discussed.  (Click here to listen this meeting.)

 

However, something interesting caught our attention.  If you notice in paragraph A., "Work group to meet on September 17th to discuss definitions at 9:00am." 

 

You will also see "workshop" listed under "Item C." as well.  (Click here for the minutes of this meeting.)

 

However, a public information request to Town Hall reveals that no notice for this meeting was ever posted.  If you listen to the audio recordings of this meeting there is discussion about having "workshops" to work on not only definitions but other ordinances as well.  (Click here for the audio recordings of the VIII. General Code discussion.)

 

These "workshops" are different than the public workshops because at these meetings, there is no postings and the public is not invited.

 

Why wasn't this meeting posting?  We are not sure, but we believe that the Town Plan Commission believed that it was not necessary if there were not going to be a quorum present. (Click here to hear Starck's statement about working outside of the meetings at the TPC Meeting of July 1, 2007.)

 

Is this legal?

 

We believe that these "workshops" are violations of open meeting laws.  Whether or not these type of meetings are legal might be open for debate, but in our opinion, any government meeting held, especially to discuss topics such as zoning "definitions" should have been held in front of the public.  Especially since a large number of the people from the community signed a petition requesting public hearings concerning zoning definitions was submitted at their previous meeting. 

 

Recently, there was a posting for a TPC "Special Working Session" to be held on March 12, 2008 at 4:00pm.  According to the posting, the meeting was being held to discuss a zoning map change.  The notice states,

 

"The Town Plan Commission recognizes that there will most likely be many drafts of this proposed zone before any consensus is reached.  The public is welcome to attend this session.  However, this is not a public hearing.  Public input at this session may be limited in order for the Commission to work.  However, the Town Plan Commission would welcome any thoughts or ideas on this Zoning Map Change in writing from interested community members to assist us in the initial draft."  (Click here for the full notice.)

 

This begs the question as to why a similar posting was not posted for these "working meetings" in 2007 to discuss definitions.

 

Wisconsin law forbids any gathering in private by government officials to decide town business and a meeting like this might be considered a "walking quorum".  A walking quorum is defined as "A “walking quorum” is a series of gatherings among separate groups of members of a governmental body, each less than quorum size, who agree, tacitly or explicitly, to act uniformly in sufficient number to reach a quorum."  This is an excerpt from the 2007 Open Meeting Compliance Guide by the Wisconsin Attorney General, JB. Van Holten.  (Click here to see the Open Meeting Compliance Guide.)

 

This document dated September 27, 2007 seems to indicate that there were three "workgroup meetings" prior to this date as the first line read as follows:

Draft Revised Sept. 27, 2007 Input from three work groups and Sept 19 TPC Meeting Section #450-4. Definitions

(Click here to see this entire document.)

 

Could these meetings be the open meeting violations that former Commissioner Dick "Wolfgang" Hoffman speaks of in his letter in The Island Gazette about his firing?  (Click here for Hoffman's letter, specifically Item 6.)

 

We would be interested in what the town's attorney, Michael Fauerbach would have to say about these "meetings" as he recently attended a joint Town Board/Town Plan Commission meeting to address the subject of open meetings and records.  (Click here for the story.)

 

The next meeting is their regular monthly meeting held on September 19th, and agenda reflected VIII. General Code as:

 

VIII. General Code

   A. Continuation of Chapter 450

 

This is the only agenda item under VIII. General Code.  (Click here for this meeting's agenda.)

 

The minutes for this meeting reflect the following:

 

A. Continuation of Chapter 450

   ∙Discussion regarding Chapter 388 Solid Waste

   ∙Further discussion regarding definitions. The General Code second definition presented for "family" was favored.

    M. Starck to present information relevant to ATV/Snowmobiles

 

(Click here for the minutes for this meeting.)

When we went looking for the audio recordings for this meeting and discovered they were also not included with the recordings we received for 2007.  Subsequent information requests indicate that no recordings of this meeting exist.  Once again, we are unable to verify what took place at this meeting as there are no recordings to listen to and are left to wonder what exactly was discussed at this meeting.

The next meeting is a special monthly meeting on October 3rd, 2008 and the agenda lists VIII. General Code as:

VIII. General Code

  A. Definitions

  B. Permitted Uses

  C. Snowmobiles/ATVs

  D. Navigable Waters

  E. Filling, Grading, and Excavating

  F. Chapter 450 continued as time allows

(Click here for the agenda.)

The meeting minutes show the following:

A. Definitions

    B. Christensen moves to move to Agenda Item VIII B. Permitted Uses.

    B. Fischlowitz second. All in favor, 5 aye, 1 nay (D. Hoffman). MC.

B. Permitted Uses Review submitted table listing permitted uses and zone, and be prepared for discussion with ideas and opinions on items that need verification.

 

(Click here for the minutes of this meeting.)

If you listen to the audio recordings, the Mike Starck begins the discussion about permitted used in each zone and conditional uses based on a conversation he had with the Wisconsin Town Association's attorney.  The discussion follows about possibly listing in each zone, what some of the conditional uses might be allowed.

This discussion included discussions about driveways, agricultural and livestock production, camping, recreational facilities, public utilities, public facilities and private facilities in various zones. (Click here to listen to this meeting.)

At the regular monthly meeting of the TPC on October 17, 2007 the following appeared on the agenda.

VIII. General Code

   A. Permitted Uses

   B. Definitions

   C. Snowmobiles/ATV's

   D. Junk/Debris

   E. Navigable Waters

   F. Filling, Grading, and Excavating

   G. Chapter 450 continued as time allows

 

(Click here for the agenda for this meeting.)

The minutes from that meeting reflect the following:

VIII. General Code

A. Permitted Uses Some discussion centered on the following items:

• Home occupation needs to be addressed under '"Permitted Uses"
• Delete "Accessory Use"
• "Agricultural Crops and Products" changes to "Agricultural Farming"

(Click here for the minutes from this meeting.)

The audio recordings reflect discussions of these additional topics:

• Wetland Protection
• Home Occupational categories
• Business Offices
• Professional Offices
• Single/Multi-Family Dwellings
• Accessory Structures
• Junk Yards
• Automotive Salvage, Service, and Sales Establishments
• Public buildings

No mention of these topics appear on the "approved" minutes.  (Click here to listen to this meeting.)

The agenda for the November 7, 2007 meeting agenda lists the following items:

VIII. General Code

    A. Permitted Uses

    B. Definitions

    C. Snowmobiles & ATVs

    D. Junk/Debris

    E. Filling, Grading, and Excavating

    F. Chapter 400

    G. Chapter 450 continued as time allows

(Click here for the agenda of this meeting.)

This is the first time that Junk/Debris appears on the Agenda.  It was this topic that would later become the junk/nuisance property ordinance.  The minutes from this meeting show that the General Code discussion was tabled until the November 20, 2007 meeting.   (Click here for the minutes of this meeting.)    

However, this "Regular Monthly Meeting" is not held on it's normal day of Wednesday, it's held a day earlier, on Tuesday, November 20, 2007 and the agenda for this meeting shows the following for VIII. General Code:

 

VIII. General Code

  A. Permitted Uses

  B. Definitions

  C. Snowmobiles/ATVs

  D. Junk/Debris

  E. Filling, Grading, and Excavating  

  F. Chapter 400

  G. Chapter 450 continued as time allows

(Click here for the agenda for this meeting.)

The meeting minutes from this meeting are unusual as there are over 40 items under the "VIII. General Code, A. Permitted uses" topic which have all been crossed out.  This seems to be which a list of which zones where certain uses would be either permitted or conditional.  These are too numerous to reproduce so we refer you to the minutes.  (Click here to see the minutes from this meeting.)

We are unsure as to why these items were crossed out as it seems that all of these topics were discussed according to the audio recordings.  However, there is a note under Item A. which reads, "Discussion followed with a matrix to be submitted to the Town Board in the future."  We believe the matrix that the meeting is referring to is this document, submitted to the Town Board on January 8, 2008, however it is not included in these meeting minutes.  (Click here to see the matrix.)

This is also the meeting where the controversial junk/nuisance property ordinance was ordinance was 'passed' by the TPC.  Other proposed ordinances were also 'passed' but the minutes do not reveal the wording of these ordinances.  They are as follows: 

   Chapter 382 (which refers to snowmobiles and ATVs.

   Filling, grading, and excavating

   Chapter 400

There is no hint as to what Chapter 400 refers to.  (Click here for the minutes of this meeting.)

According to the audio recordings, there is nothing discussed that do not appear on the minutes.  This is also the first meeting documented by newly hired Town Plan Commission Recording Secretary, Jessica Hatch.

The next meeting is Special Monthly Meeting held on December 5, 2007 and the agenda shows VIII. General Code as: 

VIII.  General Code

   A. Chapter 450 continued

   B. Definitions

 

(Click here for the agenda.)

The minutes for the meeting reflect the following:

VIII. General Code

   A. Chapter 450 continued Discussion. C. Broberg introduces an Editorial Analysis of Chapter 450 to the Commission. Unanimous agreement to submit this Analysis to General Code.

   B. Definitions Discussion, analysis, and revision of Article IX (Nonconforming Uses, Structures, and Land).

 

(Click here for the mintues of this meeting.)

 

The audio recordings indicate discussions about "discontinued uses" and "grandfathered" uses, rebuilding destroyed structures that violate current setback restrictions, alterations of non-conforming structures, and non-conforming lots.  Although the minutes pertaining to this item are somewhat vague about the actual topics discussed, they are accurate as no additional topics of discussion is heard.  (Click here to listen to this meeting.)

 

The next meeting occurs after Zoning Administrator Jennifer Croonborg's memo to the TPC about problems she discovered with the minutes, in her attempts to fulfill public information requests, which was read at the December 19th, 2007.

 

This memo spoke about problems with the meeting agendas and minutes, public information requests. and the possibility of destroying audio recordings of these meetings as current TPC by-laws allow audio recordings to be destroyed after a period of one year, unless there is pending litigation. 

 

In her attempt to fulfill public information requests, Croonborg had discovered these problems and was trying to bring it to these officials' attention, as a matter of her civic duty and oath to office. 

 

This memo also spoke about attempts by the TPC Chair, Barbara Christiansen to defer public information requests concerning the Town Plan Commission's work on ordinance project to the Town Clerk, Larry Whalen. (Click here to read her memo.)

 

The topic of meeting agendas eventually ended up on the Town Board's agenda of January 8, 2008 and since that time, Town Plan Commission agendas as well as minutes have become more detailed.

 

 

OTHER BY-LAW VIOLATIONS

While listening to these meetings we also discovered that it was sometimes difficult to hear what Commissioners are saying, due to two or more Commissioners speaking simultaneously.  According to TPC by-laws, Article 6, Paragraph C., meetings must follow Robert's Rules of Order.   (Click here for the TPC By-Laws)   (Click here for Robert's official website) 

Many times they do not.  This is not a serious violation, of their by-laws, however, it does the public a disservice when you cannot hear what someone is saying because others are interrupting and talking over one-another. 

One of our readers made the following observation, "After listening to tapes of the TPC meetings, you are aware of the ineffectiveness of the committee due to people interrupting and talking at the same time. The chair also has a habit of interrupting a speaker if her opinion is different or her attention to the details are lacking."

We agree.

Since that meeting, there has been much discussion among our government officials as to what is required in meeting minutes and agendas to what constitutes "public information".  There seems to still be much to confusion members of the Town Board and TPC as to what public information has to be given and how far do government officials have to go when the public requests information.  So much confusion that, as we mentioned before, that Town Chair Greg Nelson brought one of the town's attorneys, Michael Fauerbach to a joint Town Plan Commission meeting to answer questions from both bodies. 

"When in doubt, disclose." was Fauerbach's response about information requests citing that many towns get sued when courts find that was not given to the public when requested.  During this meeting he when on to add that the town has a history of being sued and that future law suits may put the town of La Pointe in a position where it may become difficult to obtain insurance.

After reviewing many of the Town Plan Commission agendas, meeting minutes, and audio recordings, we believe that the actions (and inactions) of the Town Plan Commission has put the town of La Pointe at risk.

Recently we posted a memo from Croonborg to the Town Plan Commission and the Town Board concerning the late posting of a Conditional Use Permit Notice.   Croonborg, in an attempt to prevent possible law violations, sent a memo to TPC Chair, Barbara Christiansen advising her of the situation in order to protect the town.  (Click here to read the memo.)

This is just one example.  Croonborg's December 19th, 2007 memo lists many missing "affidavits of publication" for meetings in held in 2007.  These affidavits can be used as proof that meetings and notices were posted as required by law,  if later challenged in court.  Without the affidavits, there is no proof.

The same goes for the TPC workshops that were held in 2007.  Without minutes or recordings someone could contest that fact that the meetings took place at all.  Especially combined with the fact that there are no letters from the public on file in regards to these meetings, despite requests on some of the notices for written input from the public.  (Click here to see the June 2007 Workshop postings.)

Also, the three TPC "working meetings" mentioned on the August 29, 2007 definitions memo and in Dick Hoffman's letter to The Island Gazette about his 'firing' could also become problematic for the town of La Pointe as the TPC may have violated open meetings laws. 

 

WHAT'S NEXT?

Today are the elections for the two open seats on the Town Board of Supervisors.  Two Town Plan Commissioners, Ric Gillman and Beth Fischlowitz are running for the two open seats.  Incidentally, these people won the primary election held in February.  Both candidates have stated that if they win in today's election, they will step down from the TPC.  Town Plan Commissioner and Board member Michael Starck is running for a seat on the Ashland County Board of Supervisors and has indicated that he has no intentions of stepping down from either of his town positions if elected to the county board.  This would essentially give him a vote in all three steps of any zoning ordinance changes, which require a majority vote on the TPC, Town Board, and Ashland County Board if he wins.

Also Barbara Christiansen's term expires at the end of April, creating the possibility of three open seats on the Town Plan Commission.

Whatever the outcome of today's election, we promise to keep you informed.

In our final article, we will discuss the implications of the election results for the open Town Board seats as well as what direction the Town Plan Commission and their codification project may taking in the future.