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Ellsworth Special and Organizational Board, April 21, 2009

Thursday, May 14, 2009 - 2:35pm





Pres. DeWolfe called the meeting to order at 7:00 p.m. in the Board Room located in Village Hall.

Members Present:  Trustees Dick Hines; Curt Wandmacher; Rick Sweig; David Deiss; Kenny Manfred, Neil Gulbranson

Staff Present: Clerk; Peggy Nelson, PWD: Greg Engeset, Chief of Police: Greg Place

Others Present: Pierce County Herald; Sean Scallon, Brad Marx, Steve & Sue Hinck, Village Attorney Robert Loberg

MSC Gulbranson/Manfred to approve the standing committees/appointments for 2009-2010 as presented by Pres. DeWolfe.  Unanimous.



*Wandmacher, Gulbranson, Deiss     *Deiss, Manfred,Gulbranson


*Sweig, Wandmacher, Manfred        *Gulbranson, Sweig, Manfred   


*Gulbranson-Fire Assoc. rep   *Sweig, Manfred, Deiss

Sweig-Ambulance rep., Hines         



*Hines, Wandmacher, Manfred          *Wandmacher, Deiss, Hines     


*Sweig, Hines, Wandmacher           Housing Authority CDA

1 yr. citizen members               *Wandmacher, Manfred, Deiss, Hines,

Jim Hines, Dale Nelson               Gulbranson, Sweig, DeWolfe

Housing Program CDBG           Weed Commissioner

*Deiss, Hines, Manfred               Greg Engeset   

                                  POLICE COMMITTEE

SEXTON - 1 YR.     *Steve Broton, Julie Baggenstoss, Roger Bjork                        

Mike Steele, Mike Allyn, Jim Hines                                     


Wandmacher                       Manfred


Manfred, Wandmacher               Sweig, Wandmacher      


Dr. E.R. Jonas                      Galen Seipel


Greg Engeset                     *Sue Palmquist, Janet Knudson,

Galen Seipel                       Sue Potter, Curt Wandmacher,

Jim Molitor                        Dawn Schulte, Maggie Jungmann - School Rep


*Gerald Christiansen,               *Wayne Lundgaard, Rick Sweig-Sec.,  

Kenny Manfred, John Marko,          Mike Steele, Greg Engeset -Advisory    

Mike Steele, James Molitor,           Brad Ristow, Curt Wandmacher,

Dick Hines - Alt.                    Mike Steele, Kenny Manfred,

                                 Jerry DeWolfe - Alt. John Marko - Alt.


Police Chief Greg Place             *Brad Ristow, Mike Steele, Wayne

                                  Lundgaard, Kenny Manfred -Alt.

                                 Mike Allyn - Alt.

APPOINTMENTS: 1 yr. Period 5/1/09-4/30/10

MSC Sweig/Deiss Official Paper: P.C. Herald  Unanimous

MSC Wandmacher/Manfred Official Depository: leave up to Clerk's discretion, where best rates can be obtained, same as past years Unanimous

MSC Hines/Gulbranson Village Attorney: Loberg Law Firm Unanimous

MSC Sweig/Gulbranson to nominate Kenny Manfred Pres. Pro-Tem.  MSC Wandmacher/Deiss to close nominations.  Unanimous

4/8/09 Health, License, Welfare Committee recommendation:

MSC Hines/Gulbranson to approve the following Dance License applications.  Unanimous.

-Ellsworth Area Chamber of Commerce Dance License Application for Cheese Curd Festival June 25-28, 2009

-Ellsworth Polka Fest Committee Dance License Application for Polka Fest July 9-12, 2009

MSC Hines/Manfred to approve the following licenses to allow 20 years of age and under on the premise.  Unanimous.

-Ellsworth Funster's Temporary Class "B" License for Polka Fest July 9-12, 2009

-Ellsworth FFA Alumni Temporary Class "B" License for WI Tractor Pullers Assoc. event June 6-7, 2009 

-Pierce County Fair Committee Temporary Class "B" License for Pre-Fair Motocross Event July 31, 2009

-Ellsworth Area Chamber of Commerce Temporary Class "B" License for Polka Fest July 10-12, 2009 

-Ellsworth Area Chamber of Commerce Temporary Class "B" License for Cheese Curd Festival June 25-28, 2009

MSC Sweig/Gulbranson to approve the following license to allow 20 years of age and under on the premise.  Unanimous.

-Ellsworth Hubber's Baseball Team Class "B" Retailer's License for May 1 - Nov. 1, 2009 (6 month beer)

Pamida; Dan Washburn, Store Team Leader request to amend Municipal Code Section 12.06 (2) (c) - Quota on "Class A" Licenses for Sale of Intoxicating Liquors:

Committee recommendation: MS Wandmacher/Sweig to amend the Municipal Code Section 12.06(2) (C) to remove the population restrictions and to add; have a fenced/partitioned off section completely enclosed with a controlled entrance which must be closed during off-sale hours, sign stating must be accompanied by a parent, spouse, or legal guardian if under age 21 to enter.  Existing "Class A" establishments will be grandfathered in.  Motion carried with Hines opposed.


Trustee Curt Wandmacher - stated that the main reason for him making the motion is that when we reach the 4000 population point, how do you determine who would get the license that would be available.  How do you put a value on the license?  The government should not be controlling types of business; this is a local ordinance not a state law. 

Trustee Neil Gulbranson - questioned if the change would create jobs, bring additional tax base to the community, does not see that it would.  If it were a new business coming into town, creating jobs and adding to the tax base then he may look at it differently as this is where the value comes into play.  If the board gave their word to the owner of the current business, when he applied for his loan the ordinance was in place, the board would be going back on their word. The board has made other business decisions referring to Crossing Meadows Business Park and Pamida, not allowing another box type store to build in that development.

Trustee Dave Deiss - stated he struggles with placing restrictions on businesses, arguments on both sides are good, questioning if the village can support more than one off-sale liquor store at this time, feeling that we should not just give the license away for nothing.  He would like to see a business plan showing what or where they plan to put it, what they plan is.

Trustee Rick Sweig - stated he feels that it is time to change the ordinance and do away with, we have basically given one store in the village the monopoly, why should this business be any more different or special when it comes to licenses?  From what he recalls, as he sat on the board at that time, the reason for the current ordinance had to do with the location being close to a church. 

Trustee Dick Hines - questioned if the village can support another off-sale liquor store.

Pres. Jerry DeWolfe - stated he feels it should be free enterprise, government restrictions should not come into play.

Brad Marx, Brad's Corner Liquor - informed the board that at the time he purchased the business, invested in the business with his life savings, he was assured by the board that there would not be another "Class A" license issued until the population reached 4000, he felt these were creditable people he was dealing with who informed him the ordinance would not be changed.  He feels he does not have a monopoly here as there are more places to buy off-sale in Ellsworth than anyplace in Wisconsin.  He would be in disbelief if this motion passes, if the larger stores get this license he will be out of business along with jobs he provides. 

After much discussion, MS Wandmacher/Sweig to accept the committee recommendation and amend the ordinance.  Voting against the motion were Dick Hines, Dave Deiss, Kenny Manfred and Neil Gulbranson.

Senior Grad Nite donation request: MS Manfred/Sweig that we donate $200.00 as we have in past years.  Motion carried with Wandmacher opposed.  Wandmacher stated that again he does not feel that this is what tax dollars coming into the Village are for and should not be used to support community activities/events, noting that he is not saying that this is not a good event for the kids just that tax dollars should not be used for it.

2008 Police Dept. Annual report: Police Chief Greg Place gave an overview of the report informing them that a concern the Police Department has is in the increase in juvenile contacts which are related to criminal activity and misdemeanors.  Trustee Curt Wandmacher questioned if there was something that could be on the village level to help curb the problem.  Place informed him that much of it is school related activity, thefts and shoplifting which are economic driven.  Traffic and incidents are in line with 2007 activity, happy to report that there were no major injury accidents and no fatal accidents.  Pres. DeWolfe questioned the increase in truancy with Chief Place informing him that it is more on the ordinance side, vandalism, etc. not criminal.  Trustee Neil Gulbranson questioned if it has helped on police time at the schools since the Alternative School relocated out of the Village, with Place agreeing that it has.

MSC Sweig/Hines to adjourn the meeting at 7:40 p.m.  Unanimous.

Respectfully submitted:                                    

Peggy A. Nelson, Clerk Published May 13, 2009 19 1C