Monday, January 23 2012
TIME: 7:30 p.m.
LOCATION: at the Taycheedah Town Hall
The Town Board will enter into Open Session at 7:30 p.m.
3. Swale remediation project from Lap Road to Seven Hills Road.
4. Demolition of the structure known as Fisherman's Cove.
5. Public Comment.
Brenda A. Schneider
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, January 23rd, 2012, at 5:30 p.m., at the Town Hall. Members present were Chairman Jerry Guelig, Supervisors Jim Rosenthal, Tim Simon, Mike Wirtz and Clarence Kraus. Also present were Clerk Brenda Schneider, Treasurer Kathy Diederich, Attorney John St. Peter and Constable Bill Gius.
1. Call to order. Chairman Guelig called the meeting to order at 5:38 pm.
2. Consideration and possible action to enter into Closed Session pursuant to Wis. Stats. 19.85(1)(e), Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; and 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. Subjects: Demolition of Fisherman's Cove, Swale Remediation Project from Lap Road to Seven Hills Road and negotiations over the renewal of the existing Intergovernmental Agreement between the City of Fond du Lac and the Fond du Lac-area Towns. The Town Board will enter into Open Session at 7:30 p.m. Motion by Mike Wirtz, second by Jerry Guelig, to enter into Closed Session pursuant to Wis. Stats, 19.85(1)(e) and (g) at 5:39 p.m. Roll call vote:
Clarence Kraus no Tim Simon aye Jim Rosenthal aye
Mike Wirtz aye Jerry Guelig aye Motion carried (4-1).
INTERMUNICIPAL BOUNDARY AGREEMENT
Kathy Diederich departed at this time.
Jim Rosenthal departed at 6:57 pm.
Motion by Mike Wirtz, second by Jerry Guelig to return to open session at 7:12 pm and to recess until 7:30 for the public meeting with the landowners.
Chairman Guelig announced the meeting was reconvened into open session at 7:30 pm. In attendance were approximately 35 affected and interested landowners.
3. Swale remediation project from Lap Road to Seven Hills Road. Attorney St. Peter provided the following summary of the Board's position:
• The Board has the legal power to distribute the costs on an area-wide basis if they amend their ordinance to do so via a special charge.
• The Board is comfortable pursuing clean-up of the ditch by abutting landowners paying the total cost of the project.
• Wis. Stats. 88.90 provide for an affected property owner to file a complaint. If needed, the Board would have the authority to issue a directive to owners to clean the ditch. If the landowners fail to do so, the Town Board can have the work done and charge the abutting landowners on a linear foot basis.
Responses to landowners' questions were as follows:
• If the Town needs to get involved, the Town would retain the engineering work and necessary permits.
• The Town would not jeopardize landowners' FSA.
• The Town has not yet obtained an estimate for the project.
• If in the future someone blocks the ditch, the Town Board has inspection and policing authority.
January 23rd, 2012 Town Board 2.
• No engineering work has been done. The engineering will need to take into account the water flow beyond Seven Hills Road.
• The Town is immune to many types of liability claims.
• 35 years of tiling and tributaries have added to the water volume.
• Landowners can clean-out their ditch to its' original depth and width.
4. Demolition of the structure known as Fisherman's Cove. No discussion or action.
5. Public comment. None given.
6. Adjournment. Motion by Mike Wirtz, second by Clarence Kraus, to adjourn the meeting at 7:50 pm. Motion carried (4-0). Excused-Jim Rosenthal.
Brenda A. Schneider
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