Monday, April 11 2011
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Road Supervisor’s Report.
Review financial reports.
Approval of town bills.
1. Discuss the condemnation order issued against the structure known as Fisherman’s Cove (Extension of the deadline for the owner(s) to present a plan to the Town Board expired March 12th).
2. Discuss Johnsburg Road reconstruction project.
1. Consideration and possible approval of a Temporary Blasting Permit for Fond du Lac County Highway Dept. for reconstruction of CTH Q.
2. Consideration and possible approval of Class B Beer Licenses for St. Peter Athletic Club and Johnsburg Athletic Club.
3. Discuss the impact of Gov. Walker’s proposed Budget Repair Bill and 2011-2013 State Biennial Budget.
4. Review 2010 year-end financial statements in preparation for the Annual Meeting of the Electors.
5. Certified Survey Maps.
6. Plan Commission appointments.
7. Schedule Annual Road Inspection Meeting.
1. Nuisance complaint:
a. W4820 Main Street-alleged extended use of a camper.
2. Jake Schneider-Maintenance of Natural and Man-Made Surface Drainage Ways.
3. Josh Mand-Temporary Occupancy Permit.
Public comments and questions pertaining to town business
Brenda A. Schneider, Clerk
Please note, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact Brenda Schneider at 921-5224.
The Town Board of the Town of Taycheedah met on Monday, April 11th, 2011, at 7:30 p.m., at the Town Hall, for the purpose of conducting their April monthly meeting. Members present were Chairman Jerry Guelig, Supervisors Clarence Kraus, Jim Rosenthal II, Tim Simon and Mike Wirtz, Clerk Brenda Schneider and Treasurer Kathy Diederich. Also present were Constable Bill Gius and Road Maintenance Supervisor Mike Sabel.
Chairman Guelig called the meeting to order at 7:28 pm. The Pledge of Allegiance was cited.
Jerry Guelig motioned to approve the minutes of the 3/14/11 meeting noting a modification to the statement that a high percentage of the people confronted regarding pushing snow across the road were happy to comply, seconded by Jim Rosenthal. Motion carried (5-0).
Park & Rec.-Mike Sabel reported that last Saturday, at about 5:00 p.m., someone intentionally started a grass fire in the Park. The fire destroyed approximately three acres on the west side. Fortunately, a hiker spotted the fire and contacted emergency services. The Sheriff’s Department is investigating the incident. The Calumet and Mt. Calvary Volunteer Fire Departments plan to walk the Park in the near future to learn the different access locations. The Town needs to work on mapping the trail system.
Also, today three young girls were spotted joy riding in the Park with a golf cart. Mike Sabel and Bill Gius, Constable, spoke to them.
Road Maintenance Supervisor Report:
Mike Sabel, Road Supervisor, provided a report:
• The former salt shed has been cleaned and some equipment is now stored in it.
• He used some comp time to take time off.
• Minimal snowplowing was needed during the past four weeks.
• During the next few weeks, he plans to fill potholes and repair sod damage.
Review the financial reports:
Treasurer Kathy Diederich reviewed the financial reports with the Board.
Approval of Town bills:
Jerry Guelig motioned to approve the bills as presented (order nos. 169-234), seconded by Mike Wirtz. Motion carried (5-0).
#1 Discuss the condemnation order issued against the structure known as Fisherman’s Cove (Extension of the deadline for the owner(s) to present a plan to the Town Board expired March 12th). On September 10, 2009, the Town Board granted a 12-month extension to the raze order issued for the Fisherman’s Cove.
Attorney John St. Peter opined in a letter, dated August 2, 2010, that due to a 2006 change in State law pertaining to the 50% rule applied to non-conforming structures that were destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation; the owner must be allowed to restore the structure to the size and use immediately before damage or destruction and expand it if it is necessary to meet applicable State or federal building requirements. Bryan Perl and Thad Paul were instructed during the August 9th, 2010, meeting to return to the September 13th meeting prepared to present their plans for the structure. Messrs Perl and Paul failed to appear at the September and October meetings.
The extension of the raze order expired September 10th, 2010. Attorney John St. Peter sent a letter (dated 11/1/10) to the owners informing them that they must inform the Board of their decision within 30 days. Supervisor Simon objected to portions of the wording used in the letter. He wanted the letter re-written and re-sent. No action was taken by the Board regarding sending a revised letter.
Mr. Perl’s attorney, Patrick A Dewane, Jr., submitted a letter to the Town’s attorney, dated December 6, 2010, stating that Mr. Perl has commenced litigation against the insurance company. The letter states that the insurance company has offered only a fraction of the cost of rebuilding.
April 11th, 2011 Town Board 2.
Based upon the communication from Mr. Perl’s attorney, Attorney John St. Peter recommended a 90-day extension of the deadline stated in the Town’s 11/1/10 letter to Mr. Perl. On December 13th, 2010, the Board granted a 90-day extension, pursuant to Attorney St. Peter’s recommendation, with the stipulation the Town Board receives communication regarding any action or decisions entered into by the Court.
Mr. Perl informed the Board that the lawsuit has been settled. The Court determined that he would not receive additional money for his claim. The total he received was $123,000.00. Mr. Perl was directed to instruct his attorney to send a letter to Attorney John St. Peter regarding the Court’s action and to also delineate his plans by the April 11th meeting.
Mr. Perl’s attorney failed to provide a letter to the Town Board by the April 11th meeting.
Chairman Guelig read aloud an email opinion for Attorney John St. Peter, dated April 11th, 2011, regarding the Town Board’s authority to stay or dismiss a raze order. Attorney St. Peter recommended that Mr. Perl be asked to appear before the Board to present his plan. He indicated that Mr. Perl should be told that, absent an acceptable plan, the Board has no choice but to proceed to raze the facility.
Chairman Guelig recommended that Perl needs to clean-up the property, clean-up the building and resurface the burnt parts of the building and present definite plans if rebuilding to the Town Board within two months or the Town will pursue the raze order.
Bryan Perl responded that it doesn’t make sense for him to spend money on an architect with the raze order hanging over his head. He accused the Board of not working with him.
Clarence Kraus motioned to dismiss the raze order, seconded by Tim Simon. Jerry Guelig moved to amend the motion to dismiss the raze order contingent upon receipt of acceptable plans and clean-up of the property within 90 days, seconded by Tim Simon. Amendment carried (3-2). Nay-Jim Rosenthal, Mike Wirtz. Amended motion carried (3-2). Nay-Jim Rosenthal, Mike Wirtz. Chairman Guelig will determine if clean-up is satisfactory. Chairman Guelig declared no permit was necessary for the building repair.
#2 Discuss Johnsburg Road reconstruction project. Chairman Guelig contacted Chairman Peterson, Town of Calumet. Mr. Peterson wants to wait until fall and he wants to hire an engineer for the project.
Winnie Fink, resident of the Town of Calumet, was present. Mr. Fink reported that Chairman Peterson recently met with him for 2.5 to 3 hours.
Mr. Fink reported that a replaced culvert is redirecting water; which is eroding under his pine tree and through his lawn. Mike Sabel verified that the culvert was replaced in the same location, at the same pitch. The only change is that the new culvert is slightly longer that the old one.
Mr. Fink also reported that a farmer tiled a field into his ditch; which is causing erosion of his ditch through his woods.
Chairman Guelig informed Mr. Fink that he will contact Calumet Chairman Bruce Peterson.
Mr. Fink questioned ownership of ledge stone removed from the cliff and left in the ditch. He indicated that his neighbor reportedly had contacted Mike Sabel asking permission to take the stone. Mr. Sabel informed the Board that the neighbor requested taking a wheelbarrow of stone. Mr. Fink stated that the neighbor brought in heavy equipment to relocate several large stones that were used to create a beautiful patio. It was noted that the stone cliff is located within the road right-of-way.
#1 Consideration and possible approval of a Temporary Blasting Permit for Fond du Lac County Highway Dept. for reconstruction of CTH Q. Paul Sponholtz, Fond du Lac County Highway Department Engineer, addressed the Board. Mr. Sponholtz noted that the awarded contractor would need to apply for the permit at the appropriate time.
The project includes pulverizing and resurfacing the roadway, ditch culvert replacement and profile improvements. They intend to take down Bertram hill by approximately nine feet; which will require blasting to remove the bedrock. He noted that there is a high volume of traffic in the location of the operating quarry.
May 5th is the scheduled bid opening. The project is planned to take 20 days to completion, excluding bad weather days. Construction is planned to begin mid to late May.
April 11th, 2011 Town Board 3.
Mr. Sponholz made the following requests:
• That the permit be for the duration of the contract; which is 20 working days exclusive of delays,
• That the $25.00 permit fee be waived, and
• That the Board pre-approve the permit; which would authorize the Permit Issuer to grant the permit upon receipt of the completed application.
Mr. Sponholz responded that the contractor will be required to follow State standards and the Town ordinance in reference to the use of seismographs. The contractor will be required to monitor and report to the County and the Town. The contractor will hold the bid bond and the contractor will be responsible for notifying all neighbors.
Dan Freund expressed concern about impact to the aquifer caused by blasting near the manure pit located on the Bertram’s farm. Mr. Freund stated that the pit is sitting on bedrock and does not have a bottom. Mr. Freund requested that the test wells on the Bertram property be used and that pre-blast surveys be done. Mr. Sponholz stated that the contractor will be required to do pre-blast surveys.
It was noted that the ordinance for a Temporary Blasting Permit does not require Board approval if the duration of the project is 14 days or less, the use of seismographs is not required, water testing is not required and pre-blast surveys are not required.
Mr. Sponholz commented that the County does not wish to place wells in jeopardy. The County will research the pit location and the condition of the monitoring wells. The County’s goal is to improve the road without damaging the neighbors in the process. Tom Janke, County Highway Commissioner, added that the County will check into the use of the monitoring wells. He noted that the County will not take the risk of damaging wells.
Jim Rosenthal motioned to approve the Temporary Permit, provided the County and the contractor follow the Town’s ordinance, for a period of 28 consecutive working days, and waive the $25.00 fee, seconded by Mike Wirtz. Motion carried (4-1). Nay-Clarence Kraus.
#2 Consideration and possible approval of Class B Beer Licenses for St. Peter Athletic Club and Johnsburg Athletic Club. Clarence Kraus motioned to approve a Class B Beer License for St. Peter Athletic Club, seconded by Mike Wirtz. Motion carried (5-0). Mike Wirtz motioned to approve a Class B Beer License for Johnsburg Athletic Club, seconded by Jim Rosenthal. Motion carried (5-0).
#3 Discuss the impact of Gov. Walker’s proposed Budget Repair Bill and 2011-2013 State Biennial Budget. The Budget Repair Bill provides no financial relief for the Town due to the fact that the Town does not participate in the Wisconsin Retirement System, does not provide health insurance for any employees and does not have unionized employees.
The Biennial Budget proposes to eliminate the Recycling Grant (estimated $10,000.00), reduce Shared Revenue by 50% ($30,331.00) and reduce Transportation Aid ($4,280.32). Total impact to the Town of Taycheedah is estimated to be $44,611.32.
The information was revised from the initial report provided at the March 14th meeting.
#4 Review 2010 year-end financial statements in preparation for the Annual Meeting of the Electors. Review was given by Kathy Diederich, Treasurer.
#5 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Michael Costello, creating Lot 1consisting of 7.00 acres, located in the NE1/4 of the SE1/4 of Section 33, the NW1/4 of the SE1/4 of Section 33 and the SW1/4 of the NE1/4 of Section 33. Jim Rosenthal motioned to table consideration of the CSM due to the need to investigate the limited road frontage noted, seconded by Jerry Guelig. Motion carried (5-0).
#6 Plan Commission appointments. Jerry Guelig motioned to make the following appointments to the Plan Commission:
William Spieker 3 yr. citizen member term expires 2014
Joan Simon 1 yr. citizen member term expires 2012
Bud Sabel 1 yr. citizen member term expires 2012
Joe Thome 1 yr. citizen member term expires 2012
Tim Simon 1 yr. Board representative term expires 2012
Clarence Kraus seconded the motion. Motion carried (5-0).
April 11th, 2011 Town Board 4.
#7 Schedule Annual Road Inspection Meeting. The Board consensus was to determine the need for the road inspection meeting after consultation with the Town of Calumet regarding the Johnsburg Road project.
#1 Nuisance complaint:
a. W4820 Main Street-alleged extended use of a camper. A neighbor filed a complaint regarding the extended use of a camper parked between the home and the street. Chairman Guelig spoke with the property owner. The owner indicated that the camper is used only during the day. The camper owner reportedly delivers pizzas during the night. The owner of the camper intends to move it in 4-5 weeks.
#2 Jake Schneider-Maintenance of Natural and Man-Made Surface Drainage Ways. Jake has completed and filed a complaint form. Staff needs to perform a site inspection.
Drainage from the Rosenthal Court ponds on Vesper’s, Eugene Freund’s and Jake’s properties. It is believed that the water formerly drained to a ditch along CTH WH. The State installed storm sewers along CTH WH; which now prohibits the water from flowing to the south. A catch-basin tiled to the storm sewer along CTH WH or to the Billene Drive ditch are possible solutions to the problem. The Chairman will check with Lynn Mathias, Fond du Lac County Land & Water Conservation Department.
#3 Josh Mand-Temporary Occupancy Permit. Don Moore, Plumbing Inspector, issued a Temporary Certificate of Occupancy for the Josh Mand home on October 25th, 2010, citing the need to complete the second bathroom. Don Moore signed the official Certificate of Occupancy on January 7th, 2011. Per Town Ordinance, a total of $150.00 was deducted from Mr. Mand’s performance bond.
Mr. Mand objects to the Town retaining $150.00 from his bond. He referred to State Code requiring one bathroom and a culinary sink prior to occupancy; which he indicated were completed when Inspector Moore issued the Temporary Occupancy. He noted that the entire house was complete when Jim Emmer, Building Inspector, signed off on the Certificate of Occupancy on November 4th, 2010.
Chairman Guelig will contact Don Moore.
Public Comments and Questions Pertaining to Town Business:
The Board heard questions and comments regarding when Vesper’s are going to clean-up their property and who paid for ditch work along Golf Course Drive by Joe Thome’s property.
Jerry Guelig moved to adjourn the meeting at 9:44 p.m., seconded by Jim Rosenthal. Motion carried (5-0).
Brenda A. Schneider
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