PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GIVEN to the public and to the news media pursuant to WI. Stats.

Section 19.84 that the meeting of the town board, Town of Excelsior to be held October 14,2015 6:30

P.M. Town of Excelsior Hall, 100 E. Broadway St., Rock Springs, WI 53961.

AGENDA

1. Call to order. Verification of public notice and compliance with the Open Meeting Law.

2. Roll call. 3. Approval of agenda of town board meeting.

4. Approve minutes of prior meeting (s). 8/12/15 5. Public comments and suggestions from residents of the town and other persons present.

(3 minutes) 6. Procedural motions by members of the town board.

a) Approve treasurers report as received: b) Approve monthly town bills as submitted 10/14/15 c) Approve treasurer to transfer funds to pay bills & reconciliation of town books d) Date for next town board meeting: _______________________

7. Specific matters for discussion and possible action by town board in open session. a) K. Zimmerman: Remove the Excelsior Town Hall as a gun free zone

b) Set date to view BOR training DVD & test

c) Set date to work on 2015/2016 proposed budget

d) What constitutes a town board per diem

e) Attendance at WTA Conference 10/25 thru 10/27/2015

f) F. Quandt/ Board approval- Placement of Winery Directional Sign East of Mirror Lake Rd. on

Terrytown Rd

g) Update Tree Trimming and Cutting

h) Discuss & Consider Action on Additional Roadside Mowing and Tree Trimming in 2015

i) Approve Resolution #10-2015; Refund of fees/overpayments

j) Update/RFP for Garbage/Recycle

k) Modify the 2015 budget to reallocate surplus funds to additional roadside mowing and tree

trimming

l) Letter stating State DOT Funding of N. Reedsburg Rd. TRID Project to be cancelled

8. Communication and petitions by town clerk-No discussion or action. 9. Communications and petitions by town chair-No discussion or action. 10. Reports of Town Officers.

Chr. Fish: 1) Application for Cell tower to be placed at E8485 St. Rd. 136, Dave & Joy Carroll

2) Update Sauk County Chapter 7

K. Zimmerman: LRIP/TRIP update; road update

Adjourn:

It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality

maybe in attendance at the above meeting to gather information. No action will be taken by any governmental body

at the above stated meeting other than the governmental body specifically referred to in this matter. Hall is

handicapped accessible Any person who has a qualifying disability that requires the meeting or materials at the

meeting to be in an accessible location or format should contact the Town of Excelsior at 608-522-5115 or

tnexcel@centurylink.net 48 hours in advance of the meeting so that reasonable arrangements can be made to

accommodate each request. Meeting notice posted or published: Published in the Baraboo News Republic and

Reedsburg Independent Notice and agenda posted Town Office, 10/12/2015_S3254Lake Virginia 10/12/2015, and

Rock Springs P.O. 10/12 /2015. Prepared by: Town Chair Joe Fish/Clerk Lynette M. Gurgel 10/9/2015

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TOWN OF EXCELSIOR

TOWN BOARD MINUTES September 9, 2015 MEETING 100 E. BROADWAY, ROCK SPRINGS, WI

Regular Monthly Town Board Meeting:

Called to order by Chair Fish and verified Open Meeting Law: 6:35 PM Roll call: Present Fish, Muchow, Swanson, Nolden, Zimmerman, Clerk Gurgel, Treasurer Ott Adopt agenda as posted: Swanson/Zimmerman Motion to adopt agenda. Carried Approve Minutes of previous meeting(s) as received: 8/12/15 meeting: Muchow /Swanson with corrections on pg. 2 to paragraph 6 & paragraph 9. Carried Public Comments: Ed Rogers Lake Virginia Dam riser is repaired; boat ramp is 22’ into the lake and need

a garbage can at the boat landing. Fermentation Fest in October, have the road right of way mowed by then. Procedural motions by members of the town board: Approve Treasurers report as received: Motion to Approve Swanson/Muchow carried. .

Approve monthly town bills, as submitted 9/9/15: Muchow/Nolden. Carried Approve treasurer to transfer funds to pay bills as submitted & reconciliation of town books: Motion Nolden/Zimmerman Carried. Date for next town board meeting: October 14, 2015, 6:30 P.M. Specific Matters for Discussion and possible action by town board:

Adopt resolution # 9- 9 -15 Resolution Regarding the Town’s Accounting Methodology: Motion by Muchow/Nolden Carried. Review updated financial management reports and take appropriate action: Reports were received and approved as received. Clerk attends District Meeting 10/6/15: Motion Muchow/Nolden to attend. Carried. Dist. meeting for Clerk’s will be held in Dodgeville.

Update on Nuisance Ordinance: Chr. Fish spoke with Brent Michalek and Steve Sorenson; Sauk County Conservation Planning & Zoning they are volunteering their service to enforce the Town Nuisance Ordinance. S. Swanson asked the town attorney attend a meeting and make recommendations to the Nuisance Ordinance. E. Rogers asked that the town attorney attend meetings for input on ordinance. Muchow stated he would take recommended changes to the town attorney.

Tree Trimming and Cutting: J. Fish met with G. Schyvinch-three trees to be cut including Huey Duck Lake, four (4) men and Schyvinch cut tree at Huey Duck, $1200.00 estimate for all trees. Asplundh Tree Cutting-cuts trees when electric wire s are involved at no charge, trees on Briar Bluff Rd. by Thompson’s and Vogel. It was mentioned that Fish should contact Boardman Tree Service out of Baraboo for estimates of tree trimming and cutting.

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TOWN OF EXCELSIOR Meeting Minutes September 9, 2015

Clerk Communications: August Settlement received, $75,687.67, $4,830.00 was for Special Charges; WTA increase in dues to $790.00 per year; GEC report; Amendments to Sauk County Ordinance’s-Chap. 9 ,Floodplain Zoning Ordinance, Chap. 20 Uniform Citation Ordinance to reflect changes made to Chapter 9; RADC agenda-Plan review for an auction business building & parking lot, E7427 Hwy. 23/33 Parcel 010-0208-01 & 0208-1-Gavin Bros. Chair Communications: 10/1/15 10:00 a.m. meeting at Sauk County Highway Department-LRIP applicants for 2016-2017. K Zimmerman will attend this meeting. Reports of town officers. Chr. Fish: Updates. None S. M. Swanson: Baraboo Ambulance Report: Working on their budget $1.00 to $5.00 per Capita increase for ambulance service. Adjourn 7:10 p.m. Swanson/Muchow

Ck/Cash Rec # Date From Income Transfers

State Pool #1

General

State Pool #2

Garbage

WCCU #1

Rdsb Rd

WCCU #2

Gen

WCCU #3

Garb/Recycle TAX SAV

Check 4309 8-Sep WI River Mitchell/Kaldenbery 20.00$

Check 4310 8-Sep K Ramsey Land Use Permit 125.00$

Check 4311 8-Sep Door Stop Builders Meister Land Use 75.00$

Cash 4312 9-Sep Bob Gavin Land Use Permit 125.00$

Check 4313 9-Sep Lake Virginia Lights 38.19$

Check 4314 10-Sep Transfer from WCCU #2 5,000.00$

Check 4315 10-Sep Transfer from WCCU #3 7,911.96$

Check 4316 10-Sep GB Real Estate Land Use Permit 125.00$

Check 4317 18-Sep S Brunker Land Use Permit 50.00$

Check 4318 18-Sep Reedsburg CC Lights 46.24$

Check 4319 18-Sep Land Title D Ferguson 20.00$

Check 4320 23-Sep S Bloss New Dog 10.00$

Check 4321 25-Sep GEC 10% Fee 31.00$

Wire 4322 30-Sep Baraboo National Interest Gen Check 0.22$

Baraboo National Interest Tax Sav 0.09$

Wire 4323 30-Sep WCCU #1 Interest 8.33$

WCCU #2 Interest 95.18$

WCCU #3 Interest 9.31$

Wire 4324 30-Sep LGIP Interest 3.72$

665.65$ 3.72$ -$ 8.33$ 95.18$ 9.31$ 0.09$

Total Deposits to Baraboo National Ckg 12,911.96$

Kathleen Ott, Treasurer

Wednesday, September 9, 2015

September Income

Cash Receipts

Baraboo National Ckg

TOWN OF EXCELSIOR

Wednesday, October 14, 2015

September Income & Expense

Account Debit Credit Balance

Balance Forward Gen Checking 3,738.66$

9/10/2015 Transfer from WCCU #2 5,000.00$

9/10/2015 Transfer from WCCU #2 7,911.96$

9/30/2015 Interest @ .04% 0.22$

9/14/2015 Intuit 2.00$

Disbursements 12,347.08$

Deposits 665.43$

Ending Bank Balance 4,967.19$

Check Outstanding 7557 813.16$

Check Outstanding 7558 227.47$

Ending Town Balance 3,926.56$

Balance Forward State Pool #1 General Account 33,177.33$

9/30/2015 Interest @ .14% 3.72$

Ending Balance 33,181.05$

Balance forward WCCU #1 Reedsburg Rd 28,973.97$

9/30/1015 Interest @ .30% 8.33$

Ending Balance 28,982.30$

Balance Forward WCCU #2 Gen 260,837.96$

9/10/2015 Transfer to Gen Check 5,000.00$

9/30/2015 Interest @ .45% 95.18$

Ending Balance 255,933.14$

Balance Forward WCCU #3 Garb/Recycle 45,078.75$

9/10/2015 Transfer to Gen Check 7,911.96$

9/30/2015 Interest @ .30% 9.31$

Ending Balance 30,016.08$

Balance Forward Tax Savings 167.93$

9/30/2015 Interest @ .09% 0.04$

Ending Balance 167.97$

Balance Forward Petty Cash 68.97$

Total of all 7 Accounts

General Checking 3,926.56$

State Pool #1 General 33,181.05$

WCCU #1 Reedsburg Road 28,982.30$

WCCU #2 General 255,933.14$

WCCU #3 Garb/Recycle 30,016.08$

Tax Savings 167.97$

Petty Cash 68.97$

Total 352,276.07$

Kathleen Ott, Treasurer

Wednesday, October 14, 2015

Concealed Carry By WTA Attorney Lee Turonie

2011 Wisconsin Act 35 (Act) made the concealed carrying of weapons legal in Wisconsin. The Act also made a number of other substantial changes to Wisconsin law accommodating firearms generally. This article will cover the aspects of concealed carry and the other changes that will most directly affect town and village governments.

Timeline and types of licenses

The concealed carry law takes effect on November 1st. The Wisconsin Department of Justice

(DOJ) has been mandated to have all application forms prepared by September 1st and has also

been mandated to process all applications received between September 1st and December 1

st within

45 days. It is estimated that there will be perhaps 100,000 applications during this time. After December 1

st applications must be processed within 21 days.

A license will be granted to qualifying in-state applicants. § 175.60(2). The DOJ has also been instructed to identify which concealed carry permits issued by other states should also be effective in Wisconsin. § 175.60(1)(f). In addition, current, out-of-state and some former law enforcement officers will be issued a photo identification card by their departments allowing them to concealed carry. Finally, there is an emergency license that can be issued by a county circuit court to someone facing threats of death or great bodily harm. § 175.60(9r).

Applicable weapons

The weapons that are eligible to be carried while concealed are: handguns; electric weapons (tasers, etc.); knives except switchblades; and billy clubs. § 175.60(1)(j). “Handgun” refers to true handguns designed to be fired one-handed and does not include machine guns, short-barreled rifles or short-barreled shotguns. § 175.60(1)(bm).

Other issues

There are several law changes associated with the carrying of firearms generally. One is that effective immediately an offense of disorderly conduct cannot be based solely upon the fact that someone is carrying a firearm alone, whether openly or concealed. § 66.0409(6).

Secondly, there has been an exception carved out of municipal ordinances that regulate the discharge of a firearm (I wrote about this back in November of 2008 if you want a copy of that article). Although only the DNR may regulate hunting, towns with village powers and villages can create local ordinances that restrict areas where firearms may be discharged. These regulations should only be undertaken in areas where population density or other factors necessitate such restrictions in the interest of public safety.

The exception-creating language is here: “[a]ny ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.” § 66.0409(3)(b). Section 939.45 lists possible defenses in criminal law, such as asserting a right of self-defense. Unfortunately, the word “justified” is not defined anywhere. In any case, municipalities can still create and maintain ordinances restricting the discharge of a firearm and those should remain applicable in the vast majority of instances.

Your town or village board can disallow your employees from carrying concealed weapons in the course of their employment. However, you cannot require an employee not to carry a concealed weapon on their own time and you cannot disallow employees from having weapons in their car, even if they have to use their personal car for work purposes. § 175.60(15m).

Finally, loaded handguns may now be carried openly or concealed (with a license) while riding an ATV, in a car, in a boat and in a non-commercial airplane. §§ 23.33(3)(e) & 167.31.

Can your town or village restrict the concealed or open carrying of weapons?

Automatically under the Act no weapons are allowed in a police station, a municipal courtroom if court is in session and beyond a security checkpoint in an airport. However, the Act also says that judges may both carry weapons in court and give written permission for others to do so. § 175.60(16). The Act did not exclude municipal judges when granting this privilege to “judges” so I assume the intent was to include municipal judges.

Otherwise, municipalities can only restrict the carrying of weapons open or concealed from the inside of municipal buildings or from a municipally-organized special event like a festival. § 943.13(1m)(c). It is not possible for municipalities to restrict the carrying of weapons in outdoor areas unless that is related to a special event of three weeks or less with defined entrances that can either be locked or requiring admission. § 943.13(1e)(h). At all other times, all town or village parks, parking lots and other outdoor areas controlled by the town or village now automatically allow weapons to be carried open or concealed and you cannot prevent that.

A town or village can ban the open or concealed carrying of weapons into municipal buildings or special events by using signs. § 943.13(2)(bm). The signs have to be at least five by seven inches in size. They certainly can be bigger than that. Signs must be posted so as to be “located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign.” The requirements for signs at special event entrances are the same. The Act lists no additional guidelines for signs such as to wording, color, symbols, etc. Although there is no prescription as to required form or language other than the size and placement, signs should be very plain and direct so as to be easily understood. Your town or village board can decide to post signs by motion, resolution or ordinance.

That all being said, the Act makes an immunity exception for allowing weapons. Your town or village cannot be held liable for the mere act of allowing weapons into your buildings or special events. § 175.60(21). In other words, you would not be liable for the mere act of not disallowing weapons.

RESOLUTION #10-2015

RELATING TO REFUND OF CERTAIN OVERPAYMENTS TO THE TOWN

WHEREAS, in the process of collecting payments of property taxes, permit fees

and other monies on behalf of the town, the treasurer and other town staff occasionally

receive payment in excess of the amount owed to the town through error, inadvertence or

oversight; and

WHEREAS, the past policy of the Town has been to refund any such

overpayments, regardless of amount, to the payor; and

WHEREAS, the Town Board recognizes that the cost to taxpayers to process such

refunds often exceeds the amount of the refund; and

WHEREAS, the Town Board has determined that it is not cost effective to

process refund of nominal overpayments in the absence of a demand for refund; and

WHEREAS, the Town Board determined that it is in the interest of the Town to

establish a policy to retain nominal overpayments absent demand by the payor for refund.

NOW THEREFORE, the Town Board of the Town of Excelsior, Sauk County,

Wisconsin, does hereby ordain as follows:

Retention of Nominal Overpayments Absent Demand.

(a) For purposes of this section a “Nominal Overpayment” shall be the overpayment

of any tax, fee, or other obligation to the Town in an amount which does not

exceed $2.00.

(b) As an administrative convenience the Town shall retain any Nominal

Overpayment and shall not process a refund of the same absent appropriate

demand for refund by the payer of the overpayment.

(c) A Nominal Overpayment retained by the Town pursuant to the provisions of this

section shall be credited to the general fund.

SECTION 2. Severability. Each section, subsection, paragraph, sentence, clause, phrase,

and provision of the foregoing Resolution is and the same as hereby declared to be

severable and if any portion of provision thereof is duly determined to be invalid for any

reason, such determination shall not invalidate any other portion of provision thereof.

SECTION 3. Effective Date. This Resolution shall take effect and be enforced from and

after its passage and posting as required by law. PASSED AND ADOPTED by the Town Board of the Town of Excelsior, Sauk County,

Wisconsin this 14th day of October 14, 2015.

BY:

Chairman Joe Fish

ATTEST: _____________________ Lynette M. Gurgel, Clerk

Date Introduced:

Date Adopted:

Date Posted:

Date Published:________