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Town Board
Monday, June 13 2011
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
Monthly Meeting

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
Paul Holland to address the Town Board regarding the effort to respond to problems related to excess aquatic vegetation in Lake Winnebago.

Unfinished Business
1. Consideration and possible action regarding the Anthony Kohlman drainage complaint.
2. Consideration and possible action regarding the Johnsburg Road culvert.

New Business
1. Consideration and possible approval of a Kennel License requested by Tyler Tauges, W8205 County Road QQ.
2. Consideration and possible approval of the alcohol license applications submitted for the period of July 1st, 2011 to June 30th, 2012.
3. Consideration and possible action to not renew the Fire Protection Agreements with Mt. Calvary Volunteer Fire Department, Inc. and Town of Calumet Volunteer Fire Department in their current form.
4. Consideration and possible approval of the Resolution Authorizing the Modification of Five Wards and Establishing the Official Polling Place.
5. Consideration and possible approval of the Resolution Combining Wards in the Town of Taycheedah for Election Purposes Whenever Possible.
6. Discuss proposed addition of Section 3-4-3, Public Property Access and Use, to the Town of Taycheedah Code of Ordinances.
7. Discuss proposed addition of Section 10-1-22, Stopping or Parking Prohibited during Certain Specified Times, to the Town of Taycheedah Code of Ordinances.
8. Discuss proposed addition of Section 12-1-1(e), Regulations for the Scenic Overlook and Section 12-1-1(f), Regulations for Hermanns Park, to the Town of Taycheedah Code of Ordinances.
9. Certified Survey Maps.
10. Discuss correspondence received from the Town's Attorney.

Ordinance Enforcement

Public comments and questions pertaining to town business

Adjournment

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.


MINUTES

The Town Board of the Town of Taycheedah met on Monday, June 13th, 2011, 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 Clarence Kraus, Jim Rosenthal II, Tim Simon and Mike Wirtz, Clerk Brenda Schneider and Treasurer Kathy Diederich. Also present was Constable Bill Gius.

Chairman Guelig called the meeting to order at 7:30 pm. The Pledge of Allegiance was recited.

Mike Wirtz motioned to approve the minutes of the 5/9/11 meeting, seconded by Tim Simon. Motion carried (5-0).

Committee Reports:
Park & Rec.-The Committee will meet in July to plan for the bike race that will be held in the Park in August.

Road Maintenance Supervisor Report:
Chairman Guelig provided a verbal report:
Staff has been shouldering, doing sign work, organizing and clean-up of the Town Hall property, repaired some lawn damage and started mowing ditches.

Review the financial reports:
Treasurer Kathy Diederich reviewed the May financial reports with the Board. Ms. Diederich noted that the recycling grant for 2011 was $3,028.00 less than what was projected; which will require a budget amendment before year-end.

Approval of Town bills:
Jerry Guelig motioned to approve the bills as presented (order nos. 294-340), seconded by Jim Rosenthal. Motion carried (5-0).

Presentation:
Paul Holland addressed the Town Board regarding the effort to respond to problems related to excess aquatic vegetation in Lake Winnebago. Fond du Lac County is coordinating an effort to form an action group to address the problem. The purpose of the group will be to educate the public, determine an action plan, determine funding and take action. The group's goal will be to take action during the summer of 2012. Mr. Holland is currently looking for interested citizens to be a part of the group.

Unfinished Business:
#1 Consideration and possible action regarding the Anthony Kohlman drainage complaint. Lynn Mathias, Fond du Lac County Land & Water Conservation Department, escorted by Chairman Guelig and Supervisor Clarence Kraus, performed a site investigation of the drainage ditch. Mr. Mathias summarized his findings in a letter dated May 12, 2011; which Chairman Guelig read aloud.
Mr. Mathias recommends removing the excess sediment, downed trees and brush. He offered to determine the drainage area serviced by the ditch and calculate the percentage of cropland acres by each landowner that drain to the ditch; which could be used to determine an equitable cost-share of the project.
It was reported that the ditch drains into the Sheboygan River. It was originally dug in the 1970s. Also, upstream landowners have not maintained adequate vegetative buffers along the ditch in order to reduce the impacts of erosion.
Jim Rosenthal motioned to request Lynn Mathias calculate the percentage of cropland acres owned by each landowner, seconded by Clarence Kraus. Motion carried (5-0). It was the consensus of the Board to oversee the project and to bill each landowner proportionately based upon cropland acres. Necessary DNR and Shoreland Zoning Permits would need to be secured before any work could be done.
#2 Consideration and possible action regarding the Johnsburg Road culvert. Road Maintenance Supervisor Mike Sabel obtained the following quotes:
June 13th, 2011 Town Board 2.
Monthly Meeting


$6,500 Add concrete ends to the existing concrete culvert, including ditching,
$8,400 Replace the concrete culvert with a steel culvert, excluding ditching,
$7,400 Replace the concrete culvert with a plastic culvert, excluding ditching.
Clarence Kraus motioned to make the culvert project part of the Johnsburg Road reconstruction project and do it next year. Motion failed for lack of a second.
Jim Rosenthal motioned to solicit proposals by competitive bid for the extension of the width of the concrete culvert by four feet on each side, maintaining the thickness of the existing culvert; bid to include rip rap, gravel, ditching and landscaping, seconded by Mike Wirtz. Motion carried (4-1). Nay-Clarence Kraus.

New Business:
#1 Consideration and possible approval of a Kennel License requested by Tyler Tautges, W8205 County Road QQ. The Treasurer and the Constable have not received complaints. It was noted that none of the dogs are licensed. Mr. Tautges was warned that future complaints could cause revocation of the Kennel License. Jerry Guelig motioned to approve the Kennel License, seconded by Tim Simon. Motion carried (5-0).
#2 Consideration and possible approval of the alcohol license applications submitted for the period of July 1st, 2011 to June 30th, 2012. All applicants are current with their personal property tax payments.
Huck's Sunset, Inc., Class B Liquor/Beer-Mike Wirtz motioned to approve, seconded by Jerry Guelig. Motion carried (5-0).
Mishans Investors, LLC, Class B Liquor/Beer-Jim Rosenthal motioned to approve, seconded by Jerry Guelig. Motion carried (5-0). The Clerk informed the Board that the applicant may not take issuance of this license due to a phone call from the lease-holder.
Allen Sabel, Class B Liquor/Beer-Clarence Kraus motioned to approve, seconded by Mike Wirtz. Motion carried (5-0).
Lindstrom Catering, LLC, Class B Liquor/Beer-Jim Rosenthal motioned to approve, seconded by Clarence Kraus. Motion carried (5-0).
Michelle Ziegler, Class B Liquor/Beer-Mike Wirtz motioned to approve, seconded by Jerry Guelig. Motion carried (5-0).
Michelle Ziegler, Class B Beer/Wine-The application was withdrawn by the applicant.
East Shore Conservation Club, Inc., Class B Beer-Jerry Guelig motioned to approve with issuance contingent upon payment of delinquent beer bill, seconded by Jim Rosenthal. Motion carried (5-0).
Stageman Enterprises, LLC, Class B Beer-Mike Wirtz motioned to approve, seconded by Jerry Guelig. Motion carried (5-0).
Evelyn M Defatte-Singh, Class A Liquor/Beer-Jerry Guelig motioned to approve, seconded by Clarence Kraus. Motion carried (5-0).
Lakeview Oil, LLC, Class A Liquor/Beer-Jim Rosenthal motioned to approve, seconded by Mike Wirtz. Motion carried (5-0).
#3 Consideration and possible action to not renew the Fire Protection Agreements with Mt. Calvary Volunteer Fire Department, Inc. and Town of Calumet Volunteer Fire Dep0artments in their current form. If a party wishes to not allow the Agreement to automatically renew at the end of the calendar year; that party is required to give notice to the other party no later than June 30th. At issue are the financial impacts of the State's 2011-2013 Biennial Budget. Tim Simon motioned to not renew the Fire Protection Agreements in their current form and negotiate the rate, seconded by Clarence Kraus. Motion carried (5-0).
#4 Consideration and possible approval of the Resolution Authorizing the Modification of Five Wards and Establishing the Official Polling Place. Mike Wirtz motioned to approve the Resolution as presented, seconded by Jim Rosenthal. Motion carried (5-0).
#5 Consideration and possible approval of the Resolution Combining Wards in the Town of Taycheedah for Election Purposes Whenever Possible. Tim Simon motioned to approve the Resolution as presented, seconded by Clarence Kraus. Motion carried (5-0).
#6 Discuss proposed addition of Section 3-4-3, Public Property Access and Use, to the Town of Taycheedah Code of Ordinances. Draft language was reviewed and revised. Formal action is scheduled for the July 11th meeting.
June 13th, 2011 Town Board 3.
Monthly Meeting


#7 Discuss proposed addition of Section 10-1-22, stopping or Parking Prohibited during Certain Specified Times, to the Town of Taycheedah Code of Ordinances. Draft language was review and revised. Jerry Guelig motioned to prohibit overnight parking on the public streets during the winter, seconded by Clarence Kraus. Motion carried (3-2). Nay-Jim Rosenthal, Mike Wirtz. Formal action is scheduled for the July 11th meeting.
#8 Discuss proposed addition of Section 12-1-1(e), Regulation for the Scenic Overlook and Section 12-1-1(f), Regulations for Hermanns Park, to the Town of Taycheedah Code of Ordinances. Draft language was reviewed. Formal action is scheduled for the July 11th meeting.
#9 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Michael Costello, creating Lot 1 consisting of 7.0 acres, located in the NE 1/4 of the SE 1/4; the NW 1/4 of the SE 1/4; and the SW 1/4 of the NE 1/4 of Section 33. With only 34.18' of road frontage, Lot 1 fails to meet the minimum 50' requirement. The Board of Appeals approved a variance on June 7, 2011; thereby authorizing the Board to approve the CSM as presented. Mike Wirtz motioned to approve the CSM, seconded by Jim Rosenthal. Motion carried (5-0).
#10 Discuss correspondence received from the Town's Attorney.
Chairman Guelig read aloud Attorney John St. Peter's letter, dated June 10, 2011, regarding Deputy Town Treasurer. At issue was the appointment and direct payment of the Deputy Treasurer. Attorney St. Peter opined that the Town Treasurer, under Statute 60.341, has the sole discretion in the appointment of the Deputy Treasurer and that her current appointment was permissible. Attorney St. Peter further indicated the current appointment and compensation of the Deputy Treasurer does not violate Chapter 19 of the Wisconsin Statutes nor does the situation described violate the Ethics Code found in the Town's Code of Ordinances.
Treasurer Kathy Diederich verbalized extreme displeasure with Supervisor Clarence Kraus for communicating allegations of wrongdoings with regards to this matter. Ms. Diederich directed Supervisor Kraus to contact every individual he communicated false information to and correct the mistake. She also requested Supervisor Kraus refrain from following her home after Board Meetings.
After additional Board discussion, Chairman Guelig declared the issue closed.
Chairman Guelig also read aloud Attorney John St. Peter's letter, dated June 10, 2011, regarding Zoning for Dog "Daycare" Use. Attorney St. Peter opined that the Town's Zoning Ordinance does not authorize the proposed use either as a permitted use or as a conditional use.

Ordinance Enforcement:
None noticed.

Public Comments and Questions Pertaining to Town Business:
The Town of Brillion is offering a used truck for sale.
The St. Peter siren is inoperable and will be replaced as soon as possible.
Budget transfers will be needed in the future to cover shortfalls in the annual Recycling Grant, recall election costs and the replacement tornado siren.
The Gyr fence should be replaced with a more permanent fence.
The Tom Schmitz property is getting messy again.

Adjournment:
Jerry Guelig moved to adjourn the meeting at 9:42 p.m., seconded by Jim Rosenthal. Motion carried (5-0).



Attest. ______________________________________
Brenda A. Schneider
Clerk




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