Board Minutes – May 21, 2024

Board of Supervisor’s Meeting
May 21, 2024 7:00pm
The meeting was called to order by Chairman Jeff Karbash at 7:00pm. Present were Karbash, Supervisors Dave Overbeek, Susan Miller, David Alexander, Michael Bergman. Absent: Treasurer Ann Seaver.
The Pledge of Allegiance was recited.
Motion to approve the agenda by Overbeek, seconded by Bergman, passed unanimously.
April 16, 2024 Minutes
Supervisor Alexander correction to minutes,
– add Bergman to vote for correction in March Treasurer’s report
– note Alexander volunteered for Weed Commissioner role and was not opposed to vote
Motion to approve April 16, 2024 and April 22, 2024 minutes with corrections by Karbash, seconded by Alexander, approved unanimously.
Treasurer’s Report
Clerk Hayes reports the ARPA fund CD matured on April 16, 2024 with $7,223.65 in interest earnings. Treasurer Seaver is negotiating with BMO Harris bank to re-invest this money into a two-month CD at 5% interest to yield more interest earnings prior to committing these funds to road repairs.
In addition, Hayes reports we have received our recycling grant from the State of approximately $5,500 which was deposited into our general checking account.
Hayes reports that First Citizens State Bank of Whitewater is preparing a proposal to solicit all of the Town of Richmond’s funds be deposited with them in exchange for a favorable interest rate. Mr. Jim Caldwell has advised Treasurer Seaver, Chairman Karbash and Clerk Hayes in a teleconference that recently the State of Wisconsin has provided for an additional insurance for municipal funds up to $800,000 in addition to the standard FDIC insurance of $250,000 provided by financial institutions. We are waiting to receive that proposal and will notify the Board when it is received.
Karbash confirms that there are both pros and cons with a proposal like this but we are waiting for the proposal to come in and we will review this with the Board when received.
Supervisor Bergman states the board tells the treasurer where to deposit the Town’s money, the Board tells the treasurer where we invest the Town’s monies, and this is in the Town ordinances.
Motion by Bergman to approve the Treasurer’s Report, seconded by Overbeek, approved unanimously.
Board Reports
Karbash – We are continuing to monitor the installation of the utilities and respond to complaints received from residents.
The Department of Revenue has approved our levy increase after their review. They have sent an email of approval with some recommendations for improving our documentation in the future.
The law suit by Margaret Pulera has been dismissed. Unfortunately, the Judge did not find cause for frivolity so she was not ordered to pay our attorney’s fees. She has the option to appeal this ruling and can even ask the Supreme Court of the United States to review the matter. Our insurance company has paid for our legal fees and they did not exceed our coverage limits.
Overbeek reports that Edge Broadband has a new utility company working for them on fiber optic cable installation. Overbeek has advised them if we get more complaints, they will be required to participate in an agreement like we have entered into with Charter Communications. Overbeek has had minimal discussions with inspector Wendorf who is reviewing the work of restoration throughout the Township.
Miller – on agenda
Attended the Lake Lorraine Association meeting and heard praise from the association holding Richmond Township in high regard. Great group of people who care much about their lake.
Heard a few complaints when they were crack filling on Lake Lorraine Road as the road was reduced to one lane and was difficult to pass during the roadwork.
Roadman Report
The 1992 Lawn Mower (32 years old) had a fuel pump go out, then a tire blew out, and now the drive axle broke. Wally was able to find a part to fix the axel and is working on the repair.
Due to recent storms lots of limbs down. Some broken and hanging and may have to rent a bucket truck to access them to remove.
A dumpster was left sitting in the road right-of-way on Lake Lorraine Road, Wally asked property owner to move it from the road right-of-way.
Continuing to monitor erosion problems on Oakwood and Chapel Drive where Wally and Dan Boss did some ditching to improve water drainage.
Opening of Sealed Road Bids
Karbash receives the opened road bids from Supervisor Overbeek and reads them out loud.

Road Bids
Clerk Hayes advises the Board that all sealed bids were received timely and marked as such within the deadline required by the Board.
Sealing of Roads with Chips Chips/Sq Yard Black Slag/sq yard Granite/sq yard
Fahrner Asphalt $1.87 no bid $2.22
Payne & Dolan no bid no bid no bid
Rock Road Co, Inc. no bid no bid no bid
Scott Construction $2.00 $1.73 $1.73
Karbash motion to award Fahrner Asphalt sealing of roads with chips, Scott Construction for sealing of roads if crushed granite is used, seconded by Bergman, approved unanimously.
Hot Mix Applied in Place and Rolled, 2” overlay
Fahrner Asphalt no bid
Payne & Dolan 25% recycled mat’l., $85.50/ton, 1600 tons/mile
Rock Road Co. Inc. $78/ton, 1314 tons/mile, estimate $102,492
Scott Construction no bid
Motion by Miller to award bid to Rock Road Construction, seconded by Bergman, approved unanimously.
Cold Mix Applied in Place and Rolled, 2” overlay
Fahrner Asphalt no bid
Payne & Dolan no bid
Rock Road Co. Inc. no bid
Scott Construction No recycled mat’l., $169/ton, 1300 tons/mile, est.
Motion by Karbash to award cold mix application to Scott Construction, seconded by Bergman, approved unanimously.
Equipment (wood chipper/lawn mower)
Overbeek advises the Board that the City of Delavan has a wood chipper for sale. It is a 2009 Bandit with 3000 hours. The tachometer is faulty, but it can be used without that instrument. The City of Delavan would allow us to trial this unit. Overbeek also advises there is another unit available, a 2015 Bandit from a local company. This unit would be more expensive. The Delavan unit will be on auction and we would have to submit a bid.
Karbash asks about the lawn mower that is 32 years old. Roadman McManaway advises he could get some updated bids for a replacement mower. Karbash and Bergman agree, they advise we should get quotes and discuss amongst the equipment committee and bring a proposal to the Board.
Land Management
N7089 Oakwood Road – Contractor Sunrise Gardens LLC represents the property owner Adam Sandberg. The contractor reviews the map of the proposed retaining wall relocation from the road right-of-way back onto the property. Roadman McManaway advises he had reviewed the property and mentions to the Board that there is a culvert in that vicinity where they are performing the work. McManaway opinions that the proposal will be acceptable but if they encounter the culvert, they will need to put an extension on it. The Contractor agrees to place an extension on this culvert if they encounter it. Karbash asks the Board for their thoughts on the proposal. Supervisor Miller says the owner is requesting to move the retaining wall out of the road right-of-way and she believes this is a good thing for the Township. Karbash cautions the Contractor to work with Roadman McManaway during the project to ensure proper drainage for water in the area.
Miller motion to approve the relocation of the retaining wall with the proviso that the Contractor work with the Town Roadman to ensure proper drainage for the water in the area, and that we notify the County of our decision, seconded by Alexander, approved unanimously.
N6468 Anderson Drive
Supervisor Miller advises that this property has been the subject of numerous complaints and we have attempted to engage the owner of the property to clean it up without success. Clerk Hayes advises the Board that a letter was sent to the owner on August 15, 2019 and August 22, 2022 advising that the condition of the property was unacceptable. Clerk Hayes passes around pictures of the property he took the day previous.
Neighbors in attendance at the Board meeting report seeing a rat entering the property.
Karbash advises that we contact Marilyn Larson, Clerk for Darien as they have gone through the condemnation procedure and may provide us some insight on how to reach a successful outcome. Supervisor Alexander volunteers to look into this and Clerk Hayes advises that he has obtained the procedures for Condemnation and will provide them to Alexander. Hayes also advises the Board that our ordinance on nuisances allows an alternate avenue for remedy that enables recovery of the Town’s costs and he advises Alexander he will provide that information to Alexander as well.
Karbash opinions we should consider the costs of condemning and have Clerk Hayes write the owner a letter advising of our intent.
Following discussion, Supervisor Alexander offers to pursue an approach to resolving this.
Ditch digging near Turtle lake and Whitewater lakes
Roadman McManaway reports that he and Dan Boss cleaned a ditch near Chapel Drive to divert water. McManaway reminds the Board that there is another ditch requiring cleaning but there are utilities in and around the ditch. Boss has advised they will do the digging without responsibility for the disruption of utility lines for approximately $1500. However, if they have to assume responsibility for the disruption of utility lines the cost would be $7500.
Karbash advises the Board this will require Board approval.
Supervisor Bergman asks how long is the ditch will require the work. McManaway estimates 200 feet long. Following Board discussion;
Bergman motion to approve the $1500 fee option, seconded by Miller, approved unanimously.
Clerk Resignation
Karbash advises the Board that Clerk Hayes has submitted his resignation.
Clerk Hayes advises the Board that Deputy Clerk Cindy Hafferkamp has trained with him for 5 months, the same amount of time he had training with former Clerk Barb Ceas. Both he and Hafferkamp feel she is ready to assume the role and they have identified June 2nd, 2024 as the date.
Karbash then asks Hayes if he will continue to be the Deputy Treasurer. Hayes advises he will and hopes to assist in value added service to the Treasury function.
Hayes provides the Board a prepared document appointing Cindy Hafferkamp as interim Clerk to finish Hayes’s term of office.
Former Clerk Barb Ceas opinions to the Board that the Board should have two votes, one to accept the resignation and one to appoint Hafferkamp as interim Clerk.
Bergman motion to accept Hayes resignation, seconded by Alexander, approved unanimously.
Miller motion to appoint Hafferkamp as interim Clerk, seconded by Bergman, approved unanimously. Hayes has Board members sign authorization for the appointment.
Budget Amendment
Karbash introduces a budget amendment transferring the budgeted funding for Deputy Clerk to the Treasurer’s budget to fund the Deputy Treasurer’s position. He asks Hayes to explain the amendment. Hayes explains that the amendment simply transfers a previously budgeted amount from the Clerk account to the Treasurer’s account for accounting purposes, it does not increase the budget and transfers the remaining amount of the $20,800 budget – approximately $12,000 to the new account.
Motion by Miller to approve the budget amendment, seconded by Alexander, roll call vote as follows;
Karbash – for
Overbeek – absent
Miller – for
Alexander – for
Bergman – for
Approved unanimously.
Karl Redenius asks what the wage is for the Deputy Treasurer. Barb Ceas advises that a separate motion would be required for the Deputy Treasurer wage. Karbash asks to have this as an agenda item for the June meeting.
GFL Representative
Jason Johnson representing GFL introduces himself.
Karbash asks the Board if they have any comments for Mr. Johnson.
Supervisor Miller explains that she called the Janesville GFL office multiple times and has never gotten a response. Johnson acknowledges that there were problems in phone contact during the transition from Nieuwenhuis Brothers to GFL and advises he believes this has been remedied.
Johnson advises the Board that there are not many companies doing manual collection anymore as is currently the situation in Richmond Township. He expresses GFL’s desire to transition from a manual collection to an automated collection of refuse and recyclables for the Township. He advises that GFL would provide a cart for refuse, and a cart for recyclables at no cost to the Town or its residents. He proposes that GFL would propose no change to the pricing contained in the current contract with the Township. He proposes a two-year extension of the contract from January 1st of 2027 through December 31, 2028 with a continuation of the pricing increase formula contained therein. He explains that the two-year extension enables GFL to recapture the cost of the carts which are $85 each, while maintaining the pricing structure for the Township.
He explains that the carts hold approximately 95 gallons each. He explains that a standard garbage can is 32 gallons, so these are about three times the size.
Johnson understands this would require an adjustment for Town residents as this is a more stringent approach to collection and that there will be a learning curve associated with the transition. With this new service, garbage MUST be in the carts. Any garbage or items NOT in the carts will not be picked up. Carts would need to be placed in an accessible location within 6 feet of the road so the truck can drive up to them and the automated arm can pick up the cart and dump it into the truck. The driver does NOT get out of the truck in this automated system. Johnson advises that there would be a two-week grace period to allow residents to get used to the new system. GFL does have a hardship program for people who are limited and can’t move the cart to the end of the driveway but it is limited to a driveway of 100 feet.
Supervisor Bergman asks if they are putting this system in place elsewhere.
Johnson explains that they have delivered carts to Darien, Sharon, soon hopefully Williams Bay.

Karbash asks what will happen if you don’t pick up the resident’s garbage because of a failure to follow the new system.
Johnson explains that the resident can phone us and we will come pick up for a trip fee.
Barb Ceas asks Johnson how they intend to advise the Town residents of this new system.
Johnson advises they do a mailing to the residents.
Donna Stanton asks if they will accept plastic bale wrap.
Johnson responds by saying that technically this is not residential trash, however, they will accept it as long as it is in the cart. If a second trash cart is needed there would be an additional cost to that.
Johnson advises that GFL encourages their drivers to pick up spillage if they see it.
Karbash asks what happens if a cart goes bad. Johnson responds by saying GFL owns the carts and they come with a 10 year warranty. Normal wear and tear is on GFL, however if a resident abuses the cart there would be an $85 replacement fee for the resident.
Joe Staller asks how much time is left on our contract with Nieuwenhuis and does GFL have to honor the contract?
Clerk Hayes explains that our current contract expires on December 31, 2026, and yes, GFL has to honor the contract because they purchased Nieuwenhuis Brothers business and along with that purchase is the obligation to honor exiting contracts.
Johnson opinions that if the Town of Richmond went on the open market to contract with a garbage collector the going price per unit is $20 to $22 dollars. Johnson opinions that our current pricing structure at less than $12 per unit is unheard of.
Karbash asks what happens if the carts spill during loading.
Johnson explains that the trucks they use are side loaders, which enable the cart to be lifted lower than the back loading trucks used by other companies.
Karbash asks what happens if a car or some other incident tips the cart over and the truck can’t pick it up.
Johnson responds by saying that the color of the carts is bright lime green and should be visible under any circumstance.
Residents ask about appliances or larger items, and Johnson responds by saying they will pick those up with notice and there will be the same fee as would be charged by Nieuwenhuis contract.
Johnson then passes out the proposal to the Board for the two year extension of the contract.
Karbash motion to table the discussion until the next Board meeting, seconded by Bergman, approved unanimously.
Treasurer Letter
Supervisor Alexander asks the Board to send a letter to Treasurer Seaver asking when she intends to move back into the Township, and that she attend Board meetings.
Supervisor Miller observes that the last time she attended a Board meeting not a single person asked her a question or asked her for information.
Alexander then opinions that Treasurer Seaver’s personal situation is not the issue here, he opinions that she is not doing the Treasurer job as it is intended to be done.
Karbash motion to send Treasurer Seaver a letter asking when she intends to return to her Richmond township residence, seconded by Miller, approved unanimously.
Karbash then introduces the next item to ask Treasurer Seaver to attend the Town Board meetings. Clerk Hayes advises that he has discussed these items with Treasurer Seaver expressing the Board’s desire for her to attend meetings and advise the Board when she is released to return to her residence. Hayes explains she has two logistical challenges, one is that where she stays now in the assisted living facility, they lock the doors at 9:00pm at night for resident’s protection, also, that because she is not mobile it costs her $100 to arrange for transportation here.
Alexander responds by saying it’s once per month and she should be able to afford the extra cost. Alexander also opinions that she gets around regularly to go to her own businesses so she should be able to come to Board meetings.
Karbash expresses to the Board asking for a commitment is a reasonable request.
Bergman motion to send a letter to the Treasurer asking her to attend Town Board meetings, seconded by Alexander, approved unanimously.
Board Meeting Minutes
Karbash asks Clerk Hayes to explain his research on the topic. Hayes explains that we’ve had a request to make the meeting minutes available prior to their approval.
Hayes reads a legal opinion from the Wisconsin town’s Association legal department.
“Minutes of a Town Board meeting are not required to be published or posted.” Hayes advises that there is no statutory requirement to do so however we have been doing so for at least the last 32 years and we have no intention to stop now. Hayes goes on to read the legal opinion ”minutes are considered a public record legally when the Clerk distributes those minutes to the Board”, consequently Hayes proposes that if a resident wants a copy of those minutes prior to their being approved by the Board, he recommends they send an email to the Clerk stating they want an unapproved copy, and the Clerk will distribute a copy to that resident at the same time they are distributed to the Board and the Clerk can mark them as an unapproved copy.
Former Clerk, Kathy Harris, advises that when she was Clerk they used to be read at the meeting. Karbash expresses that they can sometimes be 7 or 8 pages long and he prefers to make them available at the back of the room for residents to read.
Former Clerk Barb Ceas then explains that she used to read the minutes at the meetings and then the Board under former Chair Wayne Redenius asked her to not read them as they took too long to read.
Supervisor Bergman asks why don’t we video the meeting and wouldn’t this relieve the Clerk of having to write the minutes and seek Board approval.
Ceas opinions that no the minutes would still require keeping.
Motion by Miller to approve the practice proposed by Clerk Hayes, seconded by Bergman, approved unanimously.
Walworth County Clean Sweep program
Karbash invites Hayes to explain. Hayes explains that the solicitation for donation came as a result of last year’s expenses of $120,000 and their donations came up short by $32,000 so they’re seeking donations.
Karbash feels we’re not here to donate taxpayer monies. Miller opinions she feels the same.
Bergman motion to not donate, Alexander second, approved unanimously.
Public Comment
Carl Redenius asks about road work, specifically crack filling. Karbash advises that some crack filling was done.
Hayes advises that the Town advertised for the crack filling running the advertisement for two consecutive weeks soliciting bids.
Redenius then asked about the Chemical spraying for Lake Lorraine. Hayes advises that next month you’ll see that the lake Association reimburses us for those expense.
Redenius asks why the Board didn’t specifically approve these expenditures. Former Clerk Ceas advises that these expenses are known and part of the budget that is approved by the Board.
Karbash explains that the Board does not approve every expense made by our Roadman, using fuel as an example, the Board knows we use fuel for our equipment but the Board does not approve every expenditure on fuel.
Bergman asks how much the expenditure was for crack filling, Hayes advises $24,900 and that the expenditure is listed on the bills to be approved by the Board.
Scott Johnson introduces himself as running for the 43rd district as Congressman.
He compliments the Township on the conduct of their Board meeting.
Carl Redenius asks for contact information on the Contractor working for EDGE Broadband as they pulled out one of his property survey marker. Karbash advises he contact David Overbeek as he will know who to contact.
Payment of Bills
Motion by Bergman to pay the bills, seconded by Miller, approved unanimously.
Motion to adjourn by Miller, seconded by Alexander, approved unanimously.

Respectfully submitted,
Brian Hayes
Clerk, Town of Richmond