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Town Board
Monday, December 9 2013
TIME: 7:30 p.m.
LOCATION: Taycheedah Town Hall
Monthly Meeting

AGENDA

Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Committee Reports:
Park & Rec.
Road Supervisor's Report.
Review financial reports.
Approval of town bills.

Unfinished Business
1. Discuss road construction projects yet to be completed by the developer.
a. Hawk's Landing.
b. Rosenthal Court.
2. Status and possible action regarding the complaint pertaining to an obstructed watercourse filed by Anthony Kohlman, Jeff Bord and Bill Engel.
3. Consideration and possible approval of a Kennel License requested by Robert Schulman, W4224 Kiekhaefer Parkway.

New Business
1. Consideration and possible approval of cost-sharing the construction of Schuster Lane.
2. Consideration and possible approval of a Kennel License requested by Jim Feyen, N9103 County Road W.
3. Consideration and possible approval of a Class A Liquor/Beer License application submitted by CnD Specialties, Inc., for premise located at N7593 Taycheedah Way.
4. Consideration and possible approval of the 2014 Edge the Ledge Adventure Race.
5. Discussion and possible action terminating the employment of plumbing, electrical and building inspectors effective December 31, 2013.
6. Consideration and possible approval of a contract between Birschbach Inspection Services, LLC, for the inspection services.
7. Consideration and possible appointment of the 2014-15 Election Officials.
8. Certified Survey Maps.

Ordinance Enforcement
1. Brush and refuse remediation.
2. Chickens in a residential district.
3. Possible non-compliant operation of a business on residential property and possible nuisance issues.

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

TOWN BOARD
MONTHLY BOARD MEETING
DECEMBER 9, 2013
7:30 P.M.
TAYCHEEDAH TOWN HALL



Members present were Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus, Tim Simon and Mike Wirtz. Also present were Clerk Brenda Schneider, Treasurer Kathy Diederich, and Road Maintenance Supervisor Mike Sabel.


Call to order and Pledge of Allegiance:
Chairman Guelig called the meeting to order at 7:38 pm. The Pledge of Allegiance was recited.

Approval of Meeting Minutes:
Motion by John Abler, second by Mike Wirtz, to approve the minutes of the 11/11/13 meeting. Tim Simon questioned a few of the statements pertaining to the road construction in Hawk's Landing. Motion carried (4-1). Nay-Tim Simon.

Committee Reports:
Park & Rec Committee: Nothing to report.

Road Maintenance Supervisor Report:
Mike Sabel reported that the plowing equipment is ready for the season.

Review the financial reports:
The November financial reports were reviewed.

Approval of Town bills:
Motion by Jerry Guelig, second by John Abler, to approve the bills as presented (order nos. 552-628). Motion carried (5-0).

Unfinished Business:
#1 Discuss road construction projects yet to be completed by the developer.
a. Hawk's Landing. Financial surety requested, by written notice in October, 2012, was $103,750. A Letter of Credit in the amount of $94,500 has been received. It was noted that the LOC fails to meet the minimum requested by the Town. Also, the Town's legal counsel supports the Town's opinion that the developer is responsible for repairs to the asphalt base and shoulders until such time as the construction is complete and accepted by the Town. The Board directed Staff to obtain a current estimate for the project, including the repairs needed and to provide written notice to the Developer, and their bank, if an increase to the amount of the bond is necessary to cover all related expenses and to re-iterate the developer's responsibility to maintain the existing surface and shoulders until such time as the construction is complete. The Board is awaiting said estimate.
b. Rosenthal Court. Financial surety requested, by written notice in October, 2012, was $21,250. It was noted that bonding was never received for this project. It is believed that some of the repair work was needed due to the settling of the sanitary sewer. The Sanitary District's warranty expired approximately 10 years ago. The Town completed the work this past summer, at a total cost of $10,875.60. It was determined that Rosenthal is responsible for the final coat at a cost of $5,672.70. Motion by Tim Simon, second by John Abler, to charge Jim Rosenthal $5,672.70 for the final coat of Rosenthal Court. Motion carried (5-0).
#2 Status and possible action regarding the complaint pertaining to an obstructed watercourse filed by Anthony Kohlman, Jeff Bord and Bill Engel. The Town Board viewed the watercourse on December 7th. The Board thanked the landowners for their cooperation and assistance.
Board deliberations included the following comments:
The Town installed a new culvert across Seven Hills Road in 2012. There was only 3" of water flowing through it.
A little clean-up could be done on the Koenigs property.
The Birschbach portion contained extensive overgrowth and undergrowth.
Other upstream landowners enhanced the watercourse over time.
Obstruction from the pond to the west had little to no obstruction. However, obstruction was evident from the pond to the east.
Cattails located at the end of the pond are causing the water to only trickle through.
The elevation needs to be shot from the ice on the pond to the drain of the replacement culvert.
The inability to crop certain lands could be deemed damages.
The Board made the following findings, pursuant to Wis. Stats. 88.90, as opined by Attorney John St. Peter:
1. Whether the ditch in question is a "natural watercourse". Motion by Mike Wirtz, second by John Abler, to declare the ditch a natural watercourse thru the Birschbach and Koenigs properties to Seven Hills Road. Motion carried (5-0).
2. If it is a "natural watercourse", is it obstructed? Motion by John Abler, second by Clarence Kraus, to declare the watercourse obstructed. Motion carried (5-0).
3. If it is obstructed, is the obstruction due to the negligence of either or both Mr. Birschbach and Mr. Koenigs? Motion by Clarence Kraus, second by Mike Wirtz, to declare the watercourse obstructed due to the negligence of Birschbach and Koenigs for their failure to prevent the trees and brush from growing in it. Motion carried (5-0).
4. If yes to all of the above, have the complainants been damaged in some way? Motion by John Abler, second by Clarence Kraus, to declare that the complainants have been damages by the loss of cropable acres. Motion carried (5-0).
5. If yes to all of the above, the Town Board has the power to order the appropriate remedy. Motion by Jerry Guelig, second by Mike Wirtz, to request a meeting with Birschbach and Koenigs in an attempt to negotiate a remedy prior to hiring an engineering consultant. Motion carried (5-0).
Chairman Guelig thanked the Board and the landowners for their cooperation. A meeting will be scheduled in the near future.
#3 Consideration and possible approval of a Kennel License requested by Robert Schulman, W4224 Kiekhaefer Parkway. Mr. Schulman was represented by Attorney Brian Hamill. Mr. Hamill informed the Board that Mr. Schulman is working with Jacob Guell, Certified Animal Trainer. They are working with whistles and silent whistles. He noted that shock collars are known to make dogs more aggressive. It is important to Mr. Schulman to keep and continue to care for the four dogs. Mr. Guell will continue to work with the Schulman dogs. The Towells concur that there has been major improvement, and they have no further complaints. They noted that they never intended to have the dogs taken away. Motion by Jerry Guelig, second by Clarence Kraus, to approve the Kennel License for 2014. Motion carried (5-0).

New Business:
#1 Consideration and possible approval of cost-sharing the construction of Schuster Lane. John Wehner requests financial assistance with the construction of the road. Mr. Wehner is in the process of building two rental homes on Schuster Lane. He indicated that the gravel roadbed was probably constructed in the late 1970s. Approximately 10 years ago, while owned by John Niemeier, sewer main construction removed the north half of the gravel bed from the lift station to Billene Drive. The gravel bed was not replaced.
The right-of-way was dedicated to the Town in the late 70s and it presumed the Town has been snowplowing a portion of the road since.
Mr. Wehner is willing to pay for the street construction of the south half from Billene Drive to the lift station. He requests that the Town pay for the north half. He has yet to compile estimates for this work.
The Town Board plans to schedule a workshop meeting to review the estimates and to further discuss the request.
#2 Consideration and possible approval of a Kennel License requested by Jim Feyen, N9103 County Road W. Motion by Clarence Kraus, second by John Abler, to approve the License as requested. Motion carried (5-0).
#3 Consideration and possible approval of a Class A Liquor/Beer License application submitted by CnD Specialties, Inc., for premise located at N7593 Taycheedah Way. Motion by Jerry Guelig, second by John Abler, to approve the Class A Liquor/Beer License to CnD Specialties as requested, contingent upon the submittal of their State Seller's Permit Number and the surrender of the License currently held by Lakeview Oil. Motion carried (5-0).
#4 Consideration and possible approval of the 2014 Edge the Ledge Adventure Race. Gloria West, Mid-West Sporting Events, was present. Prior to the meeting, Ms. West submitted a letter to the Board, a financial report for this year's event, and participant information. Ms. West provided a $1,200 donation to the Town for the use of the Park on September 9, 2013. She also indicated on that date that she would reimburse the Town $1,400 for trail damage caused by the event. The reimbursement has yet to be received.
The Board expressed displeasure with this year's event, noting that several rules contained in the Park Use Policy were violated. They discussed the use of pick-up trucks which caused the trail damage, unlicensed beer distribution, and the removal of the north gate from its hinges for the second year in a row which remained open two days after the event.
Motion by John Abler, second by Clarence Kraus, to deny future use of Kiekhaefer Park for the Edge the Ledge event. Mike Wirtz moved to amend the motion, second by John Abler, to file a claim against the Midwest Sporting Event's Certificate of Insurance for the trail damage. Amendment to the motion carried (5-0). Amended motion carried (5-0).
#5 Consideration and possible action terminating the employment of plumbing, electrical and building inspectors effective December 31, 2013. Motion by Clarence Kraus, second by Tim Simon, to terminate the employment of the Building Inspector, the Electrical Inspector and the Plumbing Inspector effective December 31, 2013, and to request these Inspectors complete inspections required by Building Permits issued up to and including December 31, 2013. Motion carried (5-0).
#6 Consideration and possible approval of a contract between Birschbach Inspection Services, LLC, for inspection services. Motion by Mike Wirtz, second by Clarence Kraus, to approve the contract with changes as provided by Attorney John St. Peter. Motion carried (5-0).
#7 Consideration and possible appointment of the 2014-15 Election Officials. Motion by Jerry Guelig, second by Mike Wirtz, to appoint the following Town residents:
Non-Represented Non-Represented Republican
Fern Ramirez Paul Oosterhouse Judy Simon*
David Dorn Jean Hensen Virginia Schneider*
Madonna Bowman Joanne Thome Rebecca Ries*
Kathleen Huth Bernie Rieder Lorraine Thome*
Judy Barrett Marcie Jost Karen Anderson*
Jean Sabel Julie Woznick Betty Swenson*
Alternates Sandra Gissal Alternates
Barb Thome Barbara Zoschke Bill Gius*
Andy Lorenz Paula Steffen Dawn Rieder
Karen Zuehlke Catherine Foster Elizabeth Hayes*
Kathy Henslin*
*Denotes list of appointees received by the Party. Per Statutes, the Parties have the ability to submit a list of appointees. The Republican Party was the only Party to submit a list.
Motion carried (5-0).
#8 Certified Survey Maps. None were presented.

Ordinance Enforcement:
#1 Brush and refuse remediation. Letters were sent to the owners of properties on Rosenthal Court and Cty. WH. Work was completed at the Rosenthal Court address; however, the owner of the Cty. WH property surrounded the pile with a wire fence and started more piles. The letter, dated October 15th, noted a deadline of 30 days to remediate or the Town will remediate the nuisance at the owner's expense. Motion by Mike Wirtz, second by John Abler, to direct the proper personnel to alleviate the debris and to authorize a Sheriff's Officer to escort said personnel. Motion carried (5-0).
#2 Chickens in a residential district. Chairman Guelig continued to attempt to make contact with the owner. It is believed that the roosters are now gone and the cages are empty.
#3 Possible non-compliant operation of a business on residential property and possible nuisance issues. A complaint was received from a neighboring property owner to a Cty. WH address. No action was taken by the Board.

Public Comments and Questions Pertaining to Town Business:
The Board was informed that the Wisconsin Dept of Agriculture, Trade & Consumer Protection has certified the Town's Zoning Ordinance and Farmland Preservation Plan. The Town Board designated December 30th for a public hearing in the event one must be conducted prior to the end of the year.
The Town Board also designated December 23 for a meeting with the two watercourse landowners. The date is dependent upon the landowners' schedules.

Adjournment:
Motion by Jerry Guelig, second by Mike Wirtz, to adjourn the meeting at 9:25 p.m. 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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