Who would enforce the rules? Town police debate comes down to ordinances
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Thomas W. Kunkel
MILTON TOWNSHIP The home in the Mallwood subdivision appeared abandoned.
Dirty, moldy leaves covered the driveway. A garbage bag full of empty beer bottles spilled onto the pavement in front of an old refrigerator.
“I think this is a summer home,” Town of Milton Police Chief Tom Kunkel muttered as he pulled up to the house near the start of his shift Monday afternoon.
After receiving no answer at the door, Kunkel checked the registration on a snowmobile sitting sideways on the driveway. He cautiously opened the refrigerator and was relieved to find it empty.
Kunkel had received a call about the home that morning. He planned to send a notice to the owner the next day giving him or her 30 days to move the snowmobile and take the doors off the abandoned refrigerator.
“It’s properties like this that we get our attention drawn to,” Kunkel said. “I refer to it as ‘unsightly properties.’”
And it’s such properties that might go unchecked if the town dissolves its police department and court, Kunkel said.
The town has debated eliminating its police department for years. Supervisor Sue Gavigan has argued it wastes money at a time when the town can’t afford to keep up its roads.
In April, residents at the annual town meeting voted 12-6 to hold a non-binding referendum to dissolve the police department and court.
Monday, Chairman Bryan Meyer appointed a citizens committee to research the police department and what would happen if it was dissolved. He recommends that the town hold a referendum in September, early enough to let the results guide the town board as it puts together next year’s budget.
Advocates for dissolving the department say the Rock County Sheriff’s Department offers the same services.
Town of Milton police officers are on duty about 140 hours a month, including patrol and administration time, Kunkel said. That includes about 20 hours a week for Kunkel and 20 hours a month for the other three part-time officers. That means an officer is on duty about 20 percent of the time.
The sheriff’s department, on the other hand, patrols the county, including Milton Township, 24 hours a day, seven days a week.
“I’m real confused as to why we need (the police department),” said Martha Martin, whose husband, Ronald, made the motion at the town meeting to hold a referendum. “It’s such a duplication of services with Rock County.”
But the sheriff’s department doesn’t enforce town ordinances, Kunkel said.
Kunkel and his department deal with unlicensed dogs, abandoned vehicles, burning violations and other matters under town jurisdiction.
The department also offers a personal touch for residents, Kunkel said. Later in his shift Monday, he was flagged down by Liz Dettinger, an active town resident who wanted to ask about possible ordinance violations in her neighborhood.
“I would like to see the patrol stay,” Dettinger said. “It just makes people more aware, and it just does a lot of things for the good of the neighborhood.”
Gavigan said the town could save thousands by hiring a code enforcer or having the town board enforce ordinances instead of using a police department.
For example, the town of Harmony employs a zoning officer who issues zoning permits and investigates possible ordinance violations, said Jodi Parson, Harmony town clerk. The town board decides on violators’ punishments.
Harmony pays its enforcer $3,000 a year, plus $15 for each zoning permit he issues, Parson said.
Milton also could contract with the sheriff’s department to enforce town ordinances and add extra patrols in the area, Sheriff Bob Spoden said.
The village of Footville contracts with the county to enforce ordinances and provide 100 hours of patrol time a month beyond what it would normally do in the village. The village runs violations through its municipal court.
The sheriff’s department contract costs Footville $53,000 a year, more than double the town of Milton’s police budget. A contract for Milton could be more or less depending on what the town wants, said Cmdr. Troy Knudson of the sheriff’s department.
The sheriff’s department isn’t taking sides in the town debate, Spoden said, but he’s confident his deputies could handle any calls from the township without additional manpower.
“Whatever the town of Milton thinks they need for their own comfort level, that’s fine,” he said. “The sheriff’s office will always be there, and we will use whatever resources we have to make sure residents are safe.”
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Chairman Bryan Meyer appointed four Milton Township residents to a “police and court system referendum committee” Monday.
They are:
-- David Bertagnoli, 6008 N. Greenvale Drive, Milton.
-- Beth Drew, 8215 N. Ridge Trail, Milton.
-- Larry Clift, 3300 E. Manogue Road, Milton.
-- Scott Barker, 1620 E. Road Five, Edgerton.
The committee will gather facts about the town police department and court in anticipation of a possible referendum on dissolving them, Meyer wrote in a memo. He hopes the committee can make a report by June 2 and no later than July 1, he wrote.
The committee will not make decisions or offer opinions, Meyer said. The town board will decide when and if to hold a referendum after receiving the report, though Meyer recommends a September referendum, he said.
Here are some of the questions the committee will answer, according to the memo:
-- What is the annual net cost of the town police department and municipal court for each of the last four years?
-- How many hours has the police department dedicated annually to serving the town? How many of these are patrol hours?
-- What days of the week and times of day do officers patrol? How much time do they spend on tasks assigned by the town chairman, and how much time do they spend in response to calls from residents?
-- What other functions does the police chief perform? What alternatives does the town have for these functions?
-- What costs would the town incur for increased patrolling from the Rock County Sheriff’s Department?
-- What options does the town have to address town ordinance violations? What do these options cost?
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How much does the police department cost?
Town of Milton Supervisor Sue Gavigan estimates that the town spent about $9,000 more than it took in on its police department and court system in 2007.
Chief Tom Kunkel puts the number at just over $3,000.
Who is right? That depends on what numbers you use.
According to the town’s 2007 revenue and expenditure statement, the town spent $20,593 on its police department and $17,372 on its court for a total of $37,965.
It took in $33,986 in fines and $810 in a state law enforcement grant, totaling $34,796.
Thus, the town spent $3,169 more than it took in.
But the police department entry doesn’t include the cost of insurance, vehicle depreciation or the police department phone line at town hall dedicated to the department, Gavigan said.
Insurance costs are a separate line on the town’s financial statement.
The town spent a total of $3,161 in law enforcement insurance in 2007, said Rob Krohlow, account executive with The Horton Insurance Group. That includes:
-- $540 for worker compensation insurance.
-- $1,171 for auto insurance.
-- $1,375 for liability insurance.
-- $75 for portable equipment insurance.
That brings the total expenditures to $41,126, which is $6,330 more than the town took in.
Gavigan estimates with vehicle depreciation and the phone line, the difference is more like $9,000.
“It sounds like a small amount—$9,000 is a small amount—but $9,000 in four years is (almost) $40,000,” she said.

May 20, 2008 at 3:25 p.m.
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If you are going to respond to an article please read it carefully before doing so. This is avery important issue to the people in the TOWN of Milton ( it has nothing to do with the CITY of Milton). There is much misleading information in this article. I called the reporter who wrote it and she gave me the address of the property in Mallwood. It is 1316 East Maple Beach Drive. Please drive by and see for yourself how "unsightly"it is. The "dirty moldy leaves in the driveway" are just the leaves left from the fall....the same as many people have at this time of the year (no ordinance violation there). The "snowmobile sitting sideways on the driveway" is a snowmobile parked along their fence (not at all on the driveway). It is not an eyesore. IF this is a violation, then any boats parked in the open on private property for the winter will have to be sent a 30 day notice also. The refrigerator is a real problem...too bad that our chief didn't realize that maybe he should have taken off the doors, laid it down on its doors, faced it towards the garage or secured the door with a chain so children couldn't get into it before leaving the property to write out a 30 DAY NOTICE. Now the children in the area could be in danger for 30 more days. If the chief thinks this is an "unsightly property" he needs to look further to make his job necessary! Also, isn't it curious that there are four picture of the chief and none of this terrible property? I think Sheriff Spoden said it all when he stated the he "is confident that his deputies can handle any calls without additional manpower". It may also interest residents to note that the referendum committee was hand picked by our town chair and at least three of the four people he appointed have already indicated they want to keep our police department. One of them will be moving out of the township soon, only one attends meetings regularly the others seldom, if ever. Doesn't it seem that the comittee should have people representing both side of this debate so that the outcome of their report could be unbiased? And it also seems to make sense that you would pick people who have taken the time to attend board meetings (three of them didn't even bother to be there the night they were appointed). We need to be responsible citizens and check out the facts for ouselves, attned board meetings and let our wishes be known. We need to make the board accountable for their actions. Re-elect those who actually take the time and effort to get the correct facts and get rid of those who don't bother. And, by the way, a big thanks to our Sheriff's Department for the 24/7 protection they give us to keep our township safe!!
May 19, 2008 at 8:37 p.m.
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Funny how a story will change just to win a point...
All of this and that negative and yet a later post states it is all rosey...
and yet Jackson wins again at least in his world.
May 19, 2008 at 7:16 p.m.
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Milton town police patrolling 140 hours per month isn't about safety. That's approximately 20% of the time. Who is keeping you safe the other 80% of the time? I believe that's Rock County. Let's keep an open mind and review all the facts before making a decision. It is our elected officials responsibility to make the best decision for all Milton Township residents. Let's hope they make the right decision.
May 19, 2008 at 3:26 p.m.
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Long_Time_Gone I admitted my mistake so please back off. Unless you have lived in Milton for a while it is very easy to get the 2 confused let alone having a Milton Junction also. I love my town and the people in it and I do care about what happens. Now if someone could completely clarify the 3 areas it would be appreciated.
May 19, 2008 at 3:10 p.m.
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I really do not see how Jackson1 and BigCat should even be in the same sentence together please explain.
May 19, 2008 at 3:01 p.m.
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Jackson1 and BIGCaT, the Lionel Hutz of blogging.
May 19, 2008 at 1:50 p.m.
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ms_sassy_wi
May 19, 2008 at 1:40 p.m.
Suggest removal I appreciate what you are saying BIGCaT, but this article and the discussion of dissolving involves the TOWN OF MILTON, not the city's dept. Or am I the one confused?
No...It is BiGCaT That is confused. Thank you ms_sassy_wi. But the BiGCaT was poised to pounce!!
May 19, 2008 at 1:40 p.m.
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I appreciate what you are saying BIGCaT, but this article and the discussion of dissolving involves the TOWN OF MILTON, not the city's dept. Or am I the one confused?
May 19, 2008 at 1:22 p.m.
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MILTON RESIDENTS!! Pay attention!! Is this what we truely want. Look at few things:
Milton High Schools goes in lock down! Who responded and how was it taken care of. Well I believe even if it was not a real issue.
Milton High School has Drunk Driving Awareness prior to prom. Don't know if Milton Police put it on but they Participated.
Milton High School Looking to expand! Will Milton Police Department still have School Resource Officers? NO! Will Rock County Provide? At A cost I'm sure!
Quote - "Town of Milton Police Chief Tom Kunkel removes an unwanted firearm at 'The Farm' along Sterns Rd. for right-Tracy Porter during his rounds." Seriously, what is an unwanted firearm that needs removal by police?" - I am glad that someone who knows how to handle a gun took care of the situation cause someone obviously didn't!
Bottom line is I see these officers all the time patroling Milton and they do a great job. I challenge Milton Residents to open your eyes and realize without them we will have issues. I like knowing that my kids can ride around Milton or me and my wife can walk around town after 11:00pm and not have to worry if something is going to happen. MILTON IS GROWING PEOPLE WE NEED TO KEEP WHAT WE HAVE!!!
May 19, 2008 at 12:53 p.m.
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Hey could Karma have been at work on the interstate for Jackson? All that GM bashing and his car gets bashed...
+1 for Karma
May 19, 2008 at 12:01 p.m.
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Jackson - I think I kinda understood what you typed. 2 out of the four employed cops at the Town of Milton are Rock County Deputies. That means if you called them and they were actually working, 50% of the time you'd get "your" tax paid deputy, working for Town of Milton. Unless of course you were on the interstate again - then two hours. But in that two hours you could practice writing. :)
May 19, 2008 at 10:13 a.m.
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"but $9,000 in four years is (almost) $40,000"? I guess it is if you are used to leaving $4000 tips. Actually, it probably is easier to come up with a balanced budget if you use fuzzy math. The federal government has been doing it for years and look how well that has worked.
May 19, 2008 at 10:09 a.m.
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Long Time Gone: Yes Towns have the option of creating T.I.F. districts. Not as broadly as City's and Village's, but then who do they (Town's) have to to keep track of the expenses and revenues.
It seems that the City's and Villages's have trouble with this and they have full-time employees.
May 19, 2008 at 9:47 a.m.
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What about annexation? Can a town fight a city's annexation to build, oh, say, a hospital?
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Can a town establish TIF districts, to rehab blighted areas?
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What DOES a town do?
May 19, 2008 at 9:43 a.m.
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Jackson - Huh?
Sounds like you have a mouthful of friitos.
May 19, 2008 at 9:39 a.m.
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"So I would real get on the band wagon of deal with the County."-Jackson1
Huh? Another username that can be conveniently skipped over.
May 19, 2008 at 7:02 a.m.
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I went to school with tom and even when we were kids he would ride around the neiborhood on his bycycle handing out fake tickets milton wi, why thats tommys town,I hear the mall is looking for security guards
Biscuit
May 18, 2008 at 10:51 p.m.
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I suppose that the town could appoint a constable to enforce local ordinances, but I don't think that anyone could do that job for free and there is always the problem of abuse of power when there is limited oversight.
May 18, 2008 at 9:06 p.m.
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I looked up what I could find. Not much! LOL...state statutes are not very helpful if you are not an attorney, I guess...§§60.22 &60.23 of WI statutes covers town board duties...have a gander, but I think you might get a little bored...
http://nxt.legis.state.wi.us/nxt/gateway...
May 18, 2008 at 8:34 p.m.
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Sassy - not sure if I am right, but thanks. I was sorta hoping you or others might be able to answer those questions.
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I just called a neighbor over here regarding Fire protection. He said that the city has something called "mutual aid," so I guess we can check-off another item that town government is not responsible for.
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Which begs another question, What is the primary, most frequent, responsibility of a town board?
May 18, 2008 at 8:23 p.m.
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Someone brought up the Town of Turtle PD. It was dissolved to save money and then brought back by residents at a Town Meeting mainly because they wanted speed enforcement on a couple of town roads.
At the same meeting the residents refused to approve an increase in the levy to pay for the new PD so the part-time officer has to write enough tickets to pay his salary. The result: a speed trap.
Nice job, Turtle.
May 18, 2008 at 7:58 p.m.
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perhaps you are right.
May 18, 2008 at 7:44 p.m.
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Do towns have building inspectors? What is different about a code violation in a city vs. a town? Is the drive too much for a city inspector to get to the neighboring town to verify code adherance?
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Do towns have a public works departartment? I beleive most contract with their county.
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Do towns still collect property taxes? I beleive most towns send their residents to the courthouse to pay.
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Who enforces speed limits in a town? I know this to be true, when I told the city cop that he could not give me a speeding ticket because I was on a town road and he was beyond his jurisdiction, he laughed at me and handed me my ticket.
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So, if you have an empty fridge on a porch , then maybe a town supervisor should be able to say, "Hey Bob, you can't do that. If it is there next week, you'll get a citation in the mail."
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Bingo, savings of $40,000 or $12,000, or $3,000. Whatever.
May 18, 2008 at 7:20 p.m.
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even though it appears to be minor, having a refrigerator outside with the doors attached, for instance, is a real hazard, especially to young, curious children. Obviously, Milton police dept. isn't going to enforce the town ordinances, which, I'm sure are similar to Milton's, but just no authorization. I apologize if I was too sassy. My willy nilly comment was just to emphasize that many hazards would be overlooked and actual crimes would go unsolved.
May 18, 2008 at 6:59 p.m.
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Sassy, correct me if I am wrong, but doesn't cities have a radius beyond their city limits - which encroaches on town booundaries - that requires city approval for developement within the town?
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So, if a town is located between 2 cities (which is several in Walworth and Kenosha counties), then I beleive the town boundaries could indeed be severely enroached.
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Not sure what your sassy "no government" was designed to achieve.
May 18, 2008 at 4:57 p.m.
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so if you live outside of the city limits it is now willy nilly..do what you want with no law to live by? or should the town of milton be annexed in to the city of milton?
May 18, 2008 at 4:18 p.m.
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Too much government.
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The bigger question might be, at what cost should town boards remain?
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I mean really, local control can be accomplished by means other than the outdated and somewhat romantic "Little House on the Prairie" Town Hall meetings.
May 18, 2008 at 3:48 p.m.
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at the rate that the Milton area is growing, I think that dissolving the department would be a decision they will regret in not too many years down the road, as mentioned about the town of turtle. It may be costlier in the long run to try to re-start than to get through the "growing pains" they are currently experiencing.
May 18, 2008 at 3:20 p.m.
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"Town of Milton Police Chief Tom Kunkel removes an unwanted firearm at 'The Farm' along Sterns Rd. for right-Tracy Porter during his rounds." Seriously, what is an unwanted firearm that needs removal by police? Is right-Tracy Porter the name of the woman in the picture? And, not so seriously, it looks like the officer is getting ready to shoot that horse.
May 18, 2008 at 3:03 p.m.
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hey mark I hear mcdonalds an walmart are hiring
B
May 18, 2008 at 9:07 a.m.
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Look at more than jus the numbers the Town of Turtle Dissolved their Police Dept. in the mid 90's But it brought it back in the last 4 years beacuse of the same situation. No one to enforce Town ordinces, No loacl coneection the the Sheriff's deputies, Lack of coverage by the RCSD. If you want Full-Time coverage by RCSD you will have to Pay for it. IM sure the DEputies make more than town officers do.
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