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Town Board
Monday, July 13 2009
TIME: 7:30 p.m.
LOCATION: at the Taycheedah 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.

Presentation
Calumet First Responders

Unfinished Business
1. Consideration and possible action pertaining to Fire Protection.
a. Calumet Fire Dept. contract negotiations.
b. Mt. Calvary Fire Dept. contract negotiations.

New Business
1. Consideration and possible award of 2009 street improvement projects.
2. Consideration and possible award of the Cody Road culvert replacement project.
3. Discuss the completion of the road construction of Meyer Court.
4. Discuss membership with East Central Wisconsin Regional Planning Commission.
5. Discuss the condemnation of the Fisherman’s Cove.
6. Discuss attorney representation for the prosecution at the August 25th trial for a sign ordinance violation.
7. Discuss revision Sections 13-1-100 to 13-1-114; Signs, Canopies, Awnings and Billboards.
8. Consideration and possible adoption of the Resolution Confirming Jurisdiction of Construction Site Erosion Control and Stormwater Management Ordinance of Fond du Lac County.
9. Consideration and possible adoption of the Resolution Adopting an Illicit Discharge and Connection Ordinance Pursuant to Wis. Stats. 60.80(5).
10. Consideration and possible authorization to AECOM to proceed with creating the Town’s Storm Sewer System Map, the identification of major outflows and the initial field inspection of each major outflows under the current contract for services.
11. Discuss the tapping of storm sewer mains.
12. Acknowledge receipt of the Sandy Beach Business Park Subdivision Deed Restrictions and Protective Covenants; Articles of Incorporation; Bylaws and the Warranty Deed transferring Outlot 23 from R.A. M. Investments, LLC to the Sandy Beach Business Park Storm Water Management Association, Inc.
13. Consideration and possible acceptance of Sandy Beach Business Park Subdivision’s Storm Water Management Agreement
14. Certified Survey Maps.

Public comments and questions pertaining to town business

Adjournment

Brenda A. Schneider, Clerk


MINUTES

The Town Board of the Town of Taycheedah met on Monday, July 13th, 2009, at 7:30 p.m., at the Town Hall, for the purpose of conducting their July monthly meeting. Members present were Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus, Tim Simon, Clerk Brenda Schneider, Treasurer Kathy Diederich and Constable Bill Gius. Absent was Supervisor James Rosenthal II.
Chairman Guelig called the meeting to order at 7:30 pm. The Pledge of Allegiance was recited. Tim Simon motioned to approve the minutes of the 6/8/09, 6/10/09, 6/15/09 and 6/18/09 meetings, seconded by John Abler. Motion carried (4-0-1 absent).

Committee Reports:
None given.

Road Maintenance Supervisor Report:
Mike Sabel reported that the ditches have been cut, the seasonal blacktop bids have been received, sign vandalism has been repaired and he took a week’s vacation.

Review the financial reports:
The financial report was reviewed. Kathy Diederich reported that National Exchange Bank has changed its policies. She reported that she will close the sweep account and open a money market account in order to avoid new fees and continue to generate a minimal amount of interest.

Approval of Town bills:
Jerry Guelig moved to approve the bills as presented (order nos. 369-414), seconded by John Abler. Motion carried (4-0-1 absent).

Presentation:
Mike Wirtz, representing the Calumet First Responders, announced that in recognition of the Town’s $2,000 donation, he has been presented with an Automated External Defibrillator. Mr. Wirtz thanked the Town for their donation and continued support.
He also announced that the Annual Pork Chop Dinner will be held on August 16th, at the Johnsburg School Hall. The dinner has been re-located due to the Hwy 151 project.

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. Bruce Peterson, Calumet Town Chairman, submitted a draft contract to Jerry Guelig. Copies of the document were dispersed to the Board members. No action was taken.
b. Mt. Calvary Fire Dept. contract negotiations. The Town Board met with the Fire Department on June 15th. The group verbally agreed to an annual percentage increase of the total amount paid the prior year. The Department will compile and submit to each municipality a draft 2010 budget. The municipalities will meet in September to review the draft budget. The Town Board is awaiting receipt of said budget.

New Business:
#1 Consideration and possible award of the 2009 street improvement projects.
John Abler motioned to award the following projects to Scott Construction:
Silica Road Konen Road to CTH W wedge & chipseal $34,523.00
Tower Road Cody Road north to top of hill wedging $3,644.00
Tim Simon seconded the motion. Motion carried (3-1-1 absent). Nay-Jerry Guelig.
Jerry Guelig motioned to award the following projects to Northeast Asphalt:
Loehr Street CTH Q to CTH W 1.5” overlay $8,635.00
Church Road CTH WH to lift station 2” binder/1.5” finish $26,411.50
Ashberry Ave. N8173 to N8157 2” binder/1.5” finish $12,450.35
July 13th, 2009 Town Board 2.
Monthly Meeting


Gladstone Bea. 1.5” overlay $2,743.50
Cody Rd. wedging $3,097.50
John Abler seconded the motion. Motion carried (3-0-1 abstention-1absent). Abstention-Tim Simon.
#2 Consideration and possible award of the Cody Road culvert replacement project. Clarence Kraus motioned to award the project to Bud’s Soils & Grading, LLC, for the $23,900.00 bid, seconded by John Abler. Motion carried (4-0-1 absent).
#3 Discuss the completion of the road construction of Meyer Court. Jason Meyer informed the Board that he still needs to construct the sanitary sewer extension and would prefer to complete the sewer extension prior to asphalting the remainder of the road. Chairman Guelig and Mike Sabel will meet with Mr. Meyer at 4:00 p.m., on Monday.
#4 Discuss membership with East Central Wisconsin Regional Planning Commission. On June 8th, the Town Board took action to withdraw membership from East Central. In response, East Central submitted a letter, dated June 30th, outlining the benefits of membership. Eric Fowle, Executive Director; and Walt Raith, Assistant Director, appeared before the Board. Messrs Fowle and Raith reviewed the benefits, added comments regarding the development of regional safe routes to school planning and an EPA regional brownfield assessment program. They offered to provide technical assistance with transportation planning reviews of new developments and draft ordinance components in response to the recently completed Comprehensive Plan. They noted there will be a 3.8% decrease in membership dues for 2010. Siting financial reasons, the Board did not take action to rescind their decision to withdraw from East Central.
#5 Discuss the condemnation of the 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.
On June 18th, the Town Board approved a Resolution directing the Building Inspector to implement a 90-day extension of the Raze Order.
Attorney St. Peter advised in a letter, dated June 25th, that it is necessary to reinitiate the process due to the insufficient method of service.
Clarence Kraus motioned to follow John St. Peter’s opinion. The motion died for lack of a second. After additional discussion, Jerry Guelig motioned to follow John St. Peter’s recommendation noting a 90-day extension from June 18th, 2009, and that the Board will consider issuing the raze order after the 90-days has passed, seconded by Clarence Kraus. Motion carried (3-1-1 absent). Nay-John Abler.
#6 Discuss attorney representation for the prosecution at the August 25th trial for a sign ordinance violation. Constable Bill Gius issued two citations to Jerry Guelig for violations of the Town of Taycheedah Code of Ordinances, Sec. 13-1-103(b)(6), political sign exceeding 8 square feet. Mr. Guelig has pled not guilty. A trial is scheduled for August 25th. Both Attorney John St. Peter and Attorney Paul Rosenfeldt have recused themselves from the case citing conflict of interest. They recommend Attorney Frank Endejan be appointed as the prosecuting attorney.
Jerry Guelig left the front table and sat in the audience. He did not participate in the discussions.
After extensive comments regarding the need to support the judicial process and the concern of presenting an appearance of collusion, John Abler motioned to accept Attorney St. Peter’s recommendation to hire Frank Endejan as the prosecuting attorney for the case. Motion died for lack of a second.
Following further discussion, Tim Simon motioned to get a legal opinion on whether or not the Constable has the power to rescind the citations. Motion died for lack of a second.
No action was taken. Jerry Guelig returned to the front table.
#7 Discuss revisions to Sections 13-1-100 to 13-1-114; Signs, Canopies, Awnings and Billboards. Constable Bill Gius reviewed recommended revisions to the sign ordinance. Mr. Gius further recommended the Town’s insurance company review the insurance requirements noted in the ordinance. No action was taken.
#8 Consideration and possible adoption of the Resolution Confirming Jurisdiction of Construction Site Erosion Control and Stormwater Management Ordinance of Fond du Lac County. John Abler motioned to accept the Resolution as presented, seconded by Tim Simon. Motion carried (4-0-1 absent).

July 13th, 2009 Town Board 3.
Monthly Meeting


#9 Consideration and possible adoption of the Resolution Adopting an Illicit Discharge and Connection Ordinance Pursuant to Wis. Stats. 60.80(5). Jerry Guelig motioned to adopt the Resolution and Ordinance as presented, seconded by John Abler. Motion carried (4-0-1 absent).
#10 Consideration and possible authorization to AECOM to proceed with creating the Town’s Storm Sewer System Map, the identification of major outflows and the initial field inspection of each major outflow under the current contract for services. Tim Simon motioned to allow AECOM to proceed with the work, seconded by John Abler. Motion carried (4-0-1 absent).
#11 Discuss the tapping of storm sewer mains. With the construction of Windward Estates, the Town has storm sewers in their inventory of infrastructures. A property owner has asked for permission to tap the main to create a new connection citing the inconvenience of utilizing the connection provided for his lot. Tim Simon will contact the owner to suggest he trench his downspouts to the Golf Course Drive ditch. The Board discussed the need to address the issue in the Town’s ordinances.
#12 Acknowledge receipt of the Sandy Beach Business Park Subdivision Deed Restrictions and Protective Covenants; Articles of Incorporation; Bylaws and the Warranty Deed transferring Outlot 23 from R.A.M. Investments, LLC to the Sandy Beach Business Park Storm Water Management Association, Inc. The Town Board acknowledged receipt of the documents and noted their approval is not required.
#13 Consideration and possible acceptance of Sandy Beach Business Park Subdivisions Storm Water Management Agreement. Tim Simon motioned to accept the Agreement, seconded by John Abler. Motion carried (4-0-1 absent).
#14 Certified Survey Maps. None were submitted.

Public comments and questions pertaining to town business:
None was given.

Adjournment:
Jerry Guelig motioned to the meeting at 9:57 p.m., seconded by John Abler. Motion carried (4-0-1 absent).


Attest__________________________________
Brenda A. Schneider, Clerk




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