May 15, 2023 at 4:26 p.m.
Lac du Flambeau board cancels town meeting
Only choice to ask residents for authorization to levy more property tax would be via referendum
Lac du Flambeau board cancels town meeting
At the May 10 meeting town residents were to decide whether extra property taxes would be levied annually in order to raise $1 million a year that would be paid to the Lac du Flambeau Band of Lake Superior Chippewa Indians to resolve the expired easement issue on four roads: Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane.
Shortly after the town board's May 3 meeting, however, town chairman Matt Gaulke called a special town board meeting for Monday, May 8.
He told the The Lakeland Times town attorney Greg Harrold "did a lot more digging" after the May 3 meeting.
"He found in the state statutes that because, based on our population, he feels we need to have a referendum on the issue and that it can't be done at a town meeting," Gaulke said. "I guess it's good to catch now so we don't do something we shouldn't be doing."
It was standing room only for what turned out to be an extremely brief meeting.
"The board had scheduled a special town meeting for this week in regards to levying additional taxes for maybe some type of road settlement," Gaulke said, citing the applicable statute.
He them explained that Harrold had advised that, according to state statutes, while a town with a population of 3,000 or less could hold a meeting of the electors to decide whether a town could levy additional taxes, towns with a greater population were to use a referendum.
The other allowable procedure for towns with a population over 3,000, Gaulke read from an email sent by Harrold, "requires a referendum vote to be held on the same election dates that a school board may call for a referendum" and would require the town board to adopt a resolution containing the referendum's wording.
"So, what we had done in setting up the special town meeting was because of our population size, I think we're roughly approximately 3,500, we cannot levy additional taxes by the use of a special town meeting," Gaulke explained. "We need to do it in a referendum in election form ... by the sounds of this and the opinion from Greg Harrold, I think we need to cancel the special town meeting we had scheduled."
"Unfortunately, I think that's correct," town supervisor Bob Hansen, a retired attorney, agreed. "I wish we'd known about this sooner but I did some mining in the state statutes over the weekend and I believe that to be correct."
"I agree," town supervisor Gloria Cobb said. "We don't have a choice."
Gaulke said he would entertain a motion to cancel the May 10 town meeting "and pursue the proper ways of levying additional (taxes) should we choose to."
Hanson made the motion to cancel "with alacrity."
"We gotta get this moving," he said. "We're running out of time."
After the vote, Gaulke said he would entertain a motion "to adjourn at 10:05."
He was asked by one of the nearly 70 town residents gathered if he was going to allow public comment.
"Not on this one," Gaulke responded.
According to Wisconsin open meetings law, there is no requirement for public comment to be included on a town board meeting agenda and it wasn't until just a few years ago that was the case for meeting agendas of the Lac du Flambeau town board.
Someone else in the crowd tried to tell Gaulke he needed to allow public comment.
"No, I don't have it on the agenda and I don't have to," Gaulke replied.
There was one other item on the agenda for the May 10 town meeting and that was discussion and possible action regarding disposal of excess of town property, an item not covered by state statute in the same manner as the levying property taxes via town meeting or referendum.
"That's fine but if we're gonna do this, we're gonna do all at one time," Gaulke said. "Keep it clean so everybody understands."
Brian Jopek may be reached via email at [email protected].
Comments:
You must login to comment.