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Board of Appeals
Tuesday, March 3 2009
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

TOWN of TAYCHEEDAH
FOND DU LAC COUNTY, WISCONSIN

NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE that the Town of Taycheedah Board of Appeals will conduct a public hearing on Tuesday, March 3rd, 2009, at 6:30 p.m., at the Taycheedah Town Hall for the purpose of considering amendments to the Conditional Use Permit issued to Fond du Lac County for the construction and operation of 290-foot self-supporting wireless communication tower.

The tower site is located at N7601 Tower Road in the Town of Taycheedah.

A quorum of the Town Board may be in attendance.

All affected and interested parties are encouraged to attend.

Dated the 17th day of February, 2009.

Brenda A. Schneider
Secretary, Board of Appeals



MINUTES

The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Tuesday, March 3rd, 2009, at 7:30 p.m., at the Taycheedah Town Hall for the purpose of considering an amendment to the Conditional Use Permit issued to Fond du Lac County for the construction and operation of a wireless communications tower. Members present were Chairman James Rosenthal, John Buechel, Barb Bertram and Jason Meyer. The hearing was tape-recorded and Secretary Brenda Schneider took notes.
The Chairman called the public hearing to order at 7:30 p.m. The Secretary read aloud the public notice.

Ellen Sorenson, Fond du Lac County Chief of Staff, and William Bendt, Fond du Lac County Corporation Counsel, were sworn in. Their testimony and responses to Board of Appeals members’ questions were as follows:
• At issue are Special Conditions #3 and #11.
• Condition #3 requires co-location of at least a total of 24 antennas.
• The tower is host to NOAH weather service and Dot Net. The tower is structurally capable of handling no more than 16 antennas; which would include the County’s antennas.
• The State of Wisconsin has mandated the use of narrow-banding communication by 2011. This is the primary purpose of the tower.
• Condition #11 requires a performance bond or comparable security in an amount of not less than $40,000. The bond costs $400 per year. A bond has been submitted to the Town for the first year.
• The County has taxing authority; which will exist as long as county government exists in the State.
• Mr. Bendy read into the record his letter to the Town of Taycheedah dated March 3, 2009. It was noted that Attorney John St. Peter is satisfied with Mr. Bendt’s letter.
• The County has a contractual commitment to the Town; which is binding on the present and future County Boards of Supervisors.
• The original tower will be removed once the new tower is completed. They expect removal to occur by June 15th. All radios will need to be re-programmed prior to it’s removal.

Comments made by Clarence Kraus were as follows:
• The tower contractor trespassed on his land on more than one occasion. His land has been damaged. Ellen Sorenson stated that she will work with Mr. Kraus to resolve the issue.

Jim Rosenthal motioned to amend the Conditional Use Permit issued to Fond du Lac County as follows:
• Special Condition #3 will state a co-locating requirement of a minimum of 16 antennas to a maximum of 24 antennas.
• Special Condition #11 will note the County’s surety obligation per Bill Bendt’s March 3, 2009, letter in lieu of the $40,000 bond requirement after the first year.
• It was also noted that the original tower will be removed and all landscaping completed by June 15th, 2009.
The motion was seconded by Barb Bertram.
Roll call vote:
Jason Meyer yes John Buechel yes
Barb Bertram yes Jim Rosenthal yes Motion carried (4-0).

John Buechel motioned to adjourn the public hearing at 6:49 p.m., seconded by Jim Rosenthal. Motion carried (4-0).

Attest.__________________________________
Brenda A. Schneider
Board of Appeals Secretary




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Town of Taycheedah
Fond du Lac County, Wisconsin
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