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Town Board
Monday, June 8 2009
TIME: 7:30 p.m.
LOCATION: at the Town Hall
Monthly Meeting

AGENDA

Agenda
Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Committee Reports.
Road Supervisor’s Report.
Review financial reports.
Approval of town bills.

Unfinished Business
1. Consideration and possible action pertaining to Fire Protection.
a. Calumet Fire Dept. contract negotiations.
b. Mt. Calvary Fire Dept. contract negotiations.
2. Discuss Cheedah Meadows’ drainage.
3. Discuss drainage issues at Ashberry Avenue.
4. Review Emergency Response Plan.
a. Damage Assessment Team.
b. Appoint a Human Services Liaison.

New Business
1. Consideration and possible approval of a Fireworks Permit application submitted by David Vesper.
2. Consideration and possible approval of Class A and Class B Liquor and/or Beer Licenses.
3. Consideration and possible approval of blocking town road intersections on Tuesday, June 23rd, for Tour of America’s Dairyland Bicycle Race.
4. Discuss the condemnation of the Fisherman’s Cove.
5. Consideration and possible action to discontinue membership with East Central Wisconsin Planning Commission.
6. Discuss the placement of concrete driveways in the road right-of-way.
7. Discuss a request to place a clothing collection bin at the Town Hall.
8. Certified Survey Maps.

Public comments and questions pertaining to town business

Closed Session
Consideration and possible action to enter into Closed Session, pursuant to Wis. Stats. 19.85(1)(g), conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Subject: Ann Simon vs. Town of Taycheedah.

Adjournment

Brenda A. Schneider, Clerk


MINUTES

The Town Board of the Town of Taycheedah met on Monday, June 8th, 2009, at 7:30 p.m., at the Town Hall, for the purpose of conducting their June monthly meeting. Members present were Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus, Jim Rosenthal II, Tim Simon, Clerk Brenda Schneider, Treasurer Kathy Diederich, Constable Bill Gius and Assessor Bill Huck.
Chairman Guelig called the meeting to order at 7:30 pm. The Pledge of Allegiance was recited. John Abler motioned to approve the minutes of the 5/11/09, 5/12/09, 5/21/09 and 6/1/09 meetings, seconded by Tim Simon. Motion carried (5-0).

Committee Reports:
None given.

Road Maintenance Supervisor Report:
None given.

Review the financial reports:
The financial report was reviewed. Jerry Guelig motioned to accept and place on file the financial report as presented by Kathy Diederich, seconded by Tim Simon. Motion carried (5-0).

Approval of Town bills:
Jerry Guelig moved to approve the bills as presented (order nos. 309-368), seconded by Jim Rosenthal. Motion carried (5-0).

Unfinished Business:
#1 Consideration and possible action pertaining to Fire Protection contracts.
a. Calumet Fire Dept. contract negotiations. The Town Board met with the Town Boards of the Town of Calumet and Brothertown on June 1st. A proposed contract was presented. The Board will not take any action on the contract until after meeting with the Mt. Calvary Fire Department.
b. Mt. Calvary Fire Dept. contract negotiations. The Town Board will meet with the Department on June 15th, at 7:00 p.m.
#2 Discuss Cheedah Meadows drainage. Tim Simon has shot the elevations. He noted 2-feet of water in the cattails and that water an inch deep was draining out. Tim Simon motioned to remove the item from the agenda, seconded by Clarence Kraus. Motion carried (5-0).
#3 Discuss drainage issues at Ashberry Avenue. There are six drainage easements along side lot lines. The Chairman announced that the Town will clean out the dedicated drainage swales to the east and west of the road. A new culvert will be installed and a section of the road will be pulverized; 6” of gravel will be added and then it will be asphalted. He noted that raising the road near the cul de sac will eliminate the water and ice on the road during the winter.
Chairman Guelig offered to meet with the neighborhood to explain the plan.
#4 Review Emergency Response Plan
a. Damage Assessment Team. Bill Gius, Emergency Management Coordinator, has compiled a proposed team; which he is in the process of confirming the interest of each team member. Jerry Guelig suggested asking Lee Gilgenbach and Gary Birschbach. The Board was asked to contact Bill Gius with suggestions of any additional team members.
b. Appoint a Human Services Liaison. Possible candidates were Lee Gilgenbach, Mike Wirtz and Patti Sabel. Bill Gius will contact the individuals.

New Business:
#1 Consideration and possible approval of a Fireworks Permit application submitted by David Vesper. Mr. Vesper submitted the Bylaws for Central Wisconsin Pyrotechnic Arts Guild, along with their safety program.
Attorney John St. Peter opined that Mr. Vesper’s organization is not a civic organization pursuant to Section 7-6-1(c)(3) of the Town’s Code of Ordinances; therefore, Mr. Vesper is not a qualifying applicant. He disputes Attorney St. Peter’s opinion based upon the Guild’s Bylaws.

June 8th, 2009 Town Board 2.
Monthly Meeting

John Abler motioned to deny the application due to the fact that it does not conform to the Town ordinance. Motion died for lack of a second.
Clarence Kraus motioned to submit the additional information supplied by Mr. Vesper to Attorney St. Peter for an opinion and to schedule a special meeting for June 18, 2009 to reconsider the permit application, seconded by Jim Rosenthal. Motion carried (4-1). Nay-John Abler.
#2 Consideration and possible approval of Class A and Class B Liquor and/or Beer Licenses. Applications under consideration were as follows:
Scott Huck Sunset Supper Club Class B Liquor/Beer
Lawrence & Nancy Kimpel Moonrunners Class B Liquor/Beer
Allen Sabel Steffes’ Tavern Class B Liquor/Beer
Orren Burroughs/Candace Roberts Mickey B’s Class B Liquor/Beer
Ronald Stageman Thornbrook Golf Course Class B Beer
Evelyn DeFatte-Singh, Agent E & J’s Convenience Class A Liquor/Beer
Thad Paul, Agent Perl’s Fisherman’s Cove Class B Liquor/Beer
Bryan Perl Perl’s Country Inn Class B Liquor/Beer
Todd Martin, Agent East Shore Cons. Club Class B Beer
Brenda Schneider, Clerk, noted that East Shore failed to meet the submittal deadline for consideration at this meeting and that she has received a Wholesaler’s Report of Delinquent Retail Licensee for Fisherman’s Cove.
John Abler motioned to approve the license applications with the exception of East Shore Conservation Club and Perl’s Fisherman’s Cove. Motion died for lack of a second. Further action was postponed until after discussion of Item #4, the condemnation of Fisherman’s Cove. John Abler motioned to approve the license applications with the exception of East Shore Conservation Club and Fisherman’s Cove, seconded by Tim Simon. Motion carried (5-0).
#3 Consideration and possible approval of blocking town road intersections on Tuesday, June 23rd, for Tour of America’s Dairyland Bicycle Race. Dave Haase, representing the race promoters, was present to address questions.
Fond du Lac County has approved the blocking of CTH UU from Laurel Lane to Ledge Road for the race. The County Board Resolution states that the blocking off of any portion of town roads is subject to the approval of the Taycheedah Town Board. Several farmers presented comments in opposition to the race. Jerry Guelig motioned to allow the race if the bikers obey stop signs and they have liability insurance of at least $1,000,000. Motion died for lack of a second.
A communication received from Lieutenant Rick Olig clarifies that the no approvals are required from the Town Board due to the fact that no town roads will be blocked or closed for any length of time. Jim Rosenthal requested that the matter be withdrawn from approval due to the fact that no town roads will be closed.
Dave Haase was asked to provide a certificate of insurance to the Town by June 18, 2009.
#4 Discuss the condemnation of Fisherman’s Cove. Rich Bernath, Town Building Inspector, issued a raze order on April 23, 2009, due to fire damage. The order requires demolition within 60 days. The necessary repairs to the building exceed 50% of the equalized value of the structure; which equates to $97,521.50. The structure is also non-conforming due to a reduced front setback. Jane Dreger, State Building Inspector, has also issued Orders that any building must meet all Commercial Codes. Plans must be submitted to the State for approval.
Owners Bryan Perl and Thad Paul, accompanied by Kevin Krug, their insurance agent, were in attendance. They have a quote of $145,000, excluding HVAC, for repairs. They requested an extension of the raze order. Chairman Guelig questioned Mr. Bernath’s authority to condemn the building. Attorney John St. Peter will be consulted for an opinion. The matter will be considered at the June 18th meeting. Mr. Perl commented that they will not need a liquor license.
#5 Consideration and possible action to discontinue membership with East Central Wisconsin Planning Commission. The Chairman has not requested an accounting of the services East Central has provided the Town. Jerry Guelig motioned to withdraw membership with East Central, seconded by Jim Rosenthal. Motion carried (5-0).
#6 Discuss the placement of concrete driveways in road right-of-ways. Formal action will be taken to permit concrete driveways within the right-of-ways at a future meeting.
June 8th, 2009 Town Board 3.
Monthly Meeting

#7 Discuss a request to place a clothing collection bin at the Town Hall. Jerry Guelig motioned to deny the request, seconded by Tim Simon. Motion carried (5-0).
#8 Certified Survey Maps. None were submitted.

Public comments and questions pertaining to town business:
The Board heard comments pertaining to crackfilling, power pole placement along Mengel Hill Road and the gravel driveway at the Tower Road tower site.

Closed Session:
Consideration and possible action to enter into Closed Session, pursuant to Wis. Stats. 19.85(1)(g), conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Subject: Ann Simon vs. Town of Taycheedah.

Clarence Kraus motioned to enter into closed session at 9:58 p.m., seconded by John Abler. Motion carried unanimously by roll call vote.

Tim Simon motioned to adjourn the closed session at 10:08 p.m., seconded by John Abler. Motion carried (5-0).

Adjournment:
Jerry Guelig motioned to the meeting at 10:08 p.m., seconded by Clarence Kraus. Motion carried (5-0).


Attest__________________________________
Brenda A. Schneider, Clerk




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Town of Taycheedah
Fond du Lac County, Wisconsin
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