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Town Board
Monday, August 11 2014
TIME: 7:00 p.m.
LOCATION: at the 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-Consideration and action on Nett Land & Development, Inc. proposal regarding Hawk's Landing Subdivision road repairs, including possible action approving contracting with Northeast Asphalt, Inc. to perform the Subdivision road repairs. Also action authorizing draw against letter of credit, or acceptance of cash, to complete Subdivision road after completing road repairs.
b. Raven View Estates-Bob Norris.
c. Sand Hill Ridge-Signature Homes by Adashun Jones, Inc.
d. Sandy Beach Business Park-R.A.M. Investments, LLC.
e. Windward Estates-Gibraltar Development, LLC.
2. Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office.
3. Discuss Deadwood Point Road ditch maintenance and dredging of the drainage-way located on the Fett and Town property.
4. Discuss Gladstone Beach drainage complaint.

New Business
1. Consideration and possible deferral to the Plan Commission for a recommendation to amend the Comprehensive Plan for the expansion of multi-family residential off of Spring Street.
2. Consideration and possible renewal of a Kennel License issued to Robert Schulman, W4224 Kiekhaefer Parkway.
3. Consideration and possible acceptance of a Planning Service Agreement, submitted by Community Planning & Consulting, LLC, for an on-call staff consultant.
4. Discuss drainage complaint submitted by Jake Schneider, W3675 Taynette Circle.
5. Appointment to the Taycheedah Sanitary District No. 3 Commission, for a term of 6 years.
6. Consideration and possible action to participate in an educational workshop regarding 2013 Act 377- Implement of Husbandry.
7. Certified Survey Maps.

Ordinance Enforcement
1. Chickens in a residential district (Decorah Lane).
2. Nuisance debris (Cty. WH and Glen Street).
3. Noxious weeds (Sand Hill Lane and Cty. WH).
4. Noise complaint (Cty. WH).

Public comments and questions pertaining to town business

Closed Session
Closed session 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. Subject: Dedication of a public road.

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
AUGUST 11, 2014
7:00 P.M.
TAYCHEEDAH TOWN HALL



Members present were Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus, Jim Rosenthal and Tim Simon. Also present were Clerk Brenda Schneider, Treasurer Kathy Diederich, Assessor William Huck, and Constable Bill Gius.

Call to order and Pledge of Allegiance:
Chairman Guelig called the meeting to order at 7:00 pm. The Pledge of Allegiance was recited.

Approval of Meeting Minutes:
Motion by Jerry Guelig, second by Clarence Kraus, to approve the minutes of the 7/14/14 meeting with a correct to the vote totals of Unfinished Item #1a to (3-1). Motion carried (5-0).

Committee Reports:
Park & Rec Committee: The basketball court at Hermanns Park has been poured.

Road Maintenance Supervisor Report:
Chairman Guelig reported Railroad ties and a culvert have been removed from Golf Course Drive in preparation for asphalt replacement. Northeast Asphalt has postponed the Town's road work to mid-September.

Review the financial reports:
The July 2014 financial report was reviewed.

Approval of Town bills:
Motion by Jerry Guelig, second by Jim Rosenthal, to approve the bills (order nos. 358-411). Motion carried (5-0).

Unfinished Business:
#1 Discuss road construction projects yet to be completed by the developer. Letters informing the developers of the Board's position to complete these projects during the 2014 season were sent on or about April 30th. The developers were directed to submit a written response within 30 days as to their plans to complete their projects. The following is a status of each project:
a. Hawk's Landing. Hawk's Landing needs base coarse repair in spots, final coat and shouldering. The Town's 2014 estimate is $17,212.50 for the repairs and $84,660 for the final coat and shouldering. The Letter of Credit, in the amount of $94,500, will expire 8/15/14.
Nett disputes their responsibility for the needed repairs to the asphalt base; however, they have reluctantly agreed to present the Town will a check for $17,212.50 under the condition the Town agrees hold the check for 30 days and execute their written "Reservation of Rights".
The Netts have also presented a check for $84,660, made payable to the Town of Taycheedah and Northeast Asphalt, Inc. The Netts prefer to not renew the Letter of Credit.
Motion by Jerry Guelig, second by John Abler, to accept the check from Nett Land & Development for the repairs to the base, in the amount of $17,212.50, and the check, in the amount of $84,660.00, and to approve and execute the Reservation of Rights. Motion carried (5-0).
b. Raven View Estates. Raven View needs both layers of asphalt and shouldering. The Town's 2012 estimate to complete the project is $75,000. The Letter of Credit, in the amount of $93,750, will expire 11/1/2014. Robert Norris submitted a copy of his accepted and executed quote from Northeast Asphalt. It is now expected that the work will be completed in mid-September.

c. Sand Hill Ridge. Sand Hill Ridge needs base coarse repair of damaged areas, final coat and shouldering. The Town's 2014 estimate to complete the project is $54,445. The Letter of Credit, in the amount of $72,700, will expire 9/11/2014. Signature Homes did not respond in writing to the letter from the Town.
Kevin Jones, representing Adashun Jones, was in attendance. The Town provided him a copy of the estimate.
d. Sandy Beach Business Park. Sandy Beach needs final coat and shouldering. The base course was laid late in the 2013 season. The Town's 2012 estimate for the project is $150,000, including the completed base coarse. The Letter of Credit, in the amount of $187,500, will expire 11/1/14.
It was noted that the Board, during their November 11th, 2013 Board meeting, approved R.A.M.'s request to reduce the letter of credit to $100,000 under the stipulation the final coat is completed during the 2014 season. The current letter of credit had been re-issued prior to the Town's receipt of the request to reduce it.
R.A.M. reports to have a quote for $60,000; per the ordinance the minimum amount of bonding would be $75,000. The quote was not reviewed by the Board nor was a copy submitted to the Board. No formal action was taken to further reduce the letter of credit.
R.A.M., via letter dated June 6, 2014, requested an extension to August 31, 2015, for the completion of the final coat and shouldering. The request was denied on July 14th.
e. Windward Estates. Windward Estates needs the final coat and shouldering. The Town's 2014 estimate to complete the project is $122,800. The Letter of Credit, in the amount of $112,553, will expire on 12/1/14. Nick Mueller, representing Gibraltar Development, LLC, submitted a written response to the Town regarding completion of the project during the upcoming season. Mr. Mueller stated that Gibraltar will "perform the work ourselves". No precise timeline was provided.
Per the recommendation of legal counsel, Chairman Guelig directed the attorney, during the July meeting, to send final letters to all the developers, with the exception of Raven View Estates. As of August 12th, the letters have yet to be sent.
#2 Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office. Groeschel Company submitted a proposal of $1,942.00 for a zone damper in Mike Sabel's office. No formal action was taken. Mike Sabel is researching an electric baseboard heat alternative.
#3 Discuss Deadwood Point Road ditch maintenance and dredging of the drainage-way located on the Fett and Town property. The Carol & Dave Schneider reported that a ditch, at the north end of Deadwood Point where it meets Minawa Beach, was filled-in. Surface water is being contained east and north of Deadwood Point Road. They added that Fett's Pond is not draining, which is causing the Schneider's land to act as a reservoir for the water. Water continues to back-flush in and out of Carol & Leo's basement. Water in the basement has been a problem for the past four years. Schneider noted that the Town removed trees in the recent past but did not clean the ditches. It was unknown if Fond du Lac County Code Enforcement has been informed about the reported ditch filling.
On or about July 18th, Chairman Jerry Guelig; Jared Seidl, DNR; and Spike Clarenbach, Fond du Lac County Code Enforcement Dept. performed a site visit of the Deadwood Point area. Spike noted that the area at the north end of Deadwood would have been filled-in more than 30 years ago when the sanitary sewer collection system was constructed, as evident by the manhole located in the area. Jared planned to check for stream history.
As for the drainage ditch from Fett's Pond to Lake Winnebago, Jared was of the opinion that the Town and Fett are responsible for the dredging of their share of the ditch if they chose to do so. And the north/south ditch from Fett's Pond to Deadwood Beach Road is Fett's responsibility. It was noted that the Town may need to involve their attorney.
Chairman Guelig will follow-up with the DNR.
#4 Discuss Gladstone Beach drainage complaint. Armin Blaufuss appeared at the July 14th meeting. He continues to experience surface water issues. The water flows down his driveway and into his garage. Mr. Blaufuss contacted the Town in 2005. At that time, he was advised to create swales to the Lake. Since then, he has installed a cistern and pump station to capture and move the water. The station is not keeping up with the water. He and an adjoining neighbor created a small swale. His garage continues to get flooded. Mr. Blaufuss showed the Board a photo of the road, taken in 2002. The road at that time appeared level. He believes the road along his property sunk 6-8" due to sanitary sewer settling; which causes surface water to funnel down his driveway.
His neighbors built their homes at a higher elevation. Some property owners in the area have created swales along their property lines. He reported that the County will not act on his complaint. Mr. Blaufuss questions the Town's legal obligation to remove this surface water problem.
Chairman Guelig and Road Supervisor Mike Sabel performed a site visit. They disagree that the road elevation is causing Mr. Blaufuss' problems. However, they did note that there are elevation issues and vegetation in the existing swale to the Lake along the property line of the Blaufuss property.
Attorney St. Peter opined that the Town is not responsible for the alleged problem. He further advised that Mr. Blaufuss assert his claim against the Sanitary District.

New Business:
#1 Consideration and possible deferral to the Plan Commission for a recommendation to amend the Comprehensive Plan for the expansion of multi-family residential off of Spring Street. Kevin Jones, representing Adashun Jones, was in attendance. The owner of the apartment buildings on Spring Street is interested in purchasing the adjoining property and expanding the apartment complex. Motion by Tim Simon, second by John Abler, to defer to the Plan Commission for a recommendation to amend the Comprehensive Plan to allow for Multi-Family zoning of the adjacent property, currently owned by Chuck and Julie Schneider. Motion carried (5-0).
#2 Consideration and possible renewal of a Kennel License issued to Robert Schulman, W4224 Kiekhaefer Parkway. Motion by John Abler, second by Jerry Guelig, to approve the license for 2015 as requested. Motion carried (5-0).
#3 Consideration and possible acceptance of a Planning Service Agreement, submitted by Community Planning & Consulting, LLC, for an on-call staff consultant. The Clerk requested the Agreement for the purpose of assisting in administering the Zoning Code as it relates to the new Farmland Preservation. The Agreement states a rate of $82.00 per hour. The Board questioned the ability to have the consultant bill the particular property owner for responses to their specific questions. Action was postponed to the September Board meeting.
#4 Discuss drainage complaint submitted by Jake Schneider, W3675 Taynette Circle. Jake Schneider continues to experience water problems on his lot. Jake indicated that he has spent thousands of dollars in mitigation to his property. He commented that due to modifications made to the swale on private property off of Rosenthal Court, fifty acres of surface water flows thru his backyard 4-5 times a year.
Jake presented his complaint to the Board in August, 2010. The Board advised Jake to install a drainage tile to the road ditch.
Jake also appeared before the Board in May, 2011. Town representatives performed a site visit. It was determined that Jake needed to create swales along his property lines. Jake also agreed to lower his driveway culvert if the Town reduced the ditch level from Eugene Freund's driveway to Billene Drive. The Town did clean the ditch but Jake failed to lower his driveway culvert. Jake believes that lowering his culvert will not do any good until the Town re-directs the water.
Motion by Clarence Kraus, second by Jerry Guelig, to recommend Jake Schneider contact his abutting neighbors to negotiate a resolution to the problem, noting that the Town will not participate in any work beyond the right-of-way of Taynette Circle. Motion carried (4-0). Abstention-Jim Rosenthal.
#5 Appointment to the Taycheedah Sanitary District No. 3 Commission, for a term of 6 years. Bill Gius' term expired. Bill expressed interested in re-appointment. Chairman Guelig stated that he has been contacted by people that want to know why two of the commissioners do not live in the serviced area. Jerry postponed the appointment to the September meeting to allow time for interested individuals to come forward.
#6 Consideration and possible action to participated in an educational workshop regarding 2013 Act 377-Implements of Husbandry. The Town's attorney office is offering a workshop for their clients. The cost would be split amongst the number of clients participating. Motion by John Abler, second by Jim Rosenthal, to participate in the workshop. Motion carried (4-1). Nay-Clarence Kraus.
#7 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Timothy Korytko, creating Lot 1, consisting of 3.000 acres; and, Lot 2, consisting of 2.911 acres. Approval of the CSM will create two lots with two different zonings. The lands must be rezoned prior to Town Board approval. Motion by John Abler, second by Clarence Kraus, to postpone consideration of the CSM until lands are zoned consistently. Motion carried (5-0).



Ordinance Enforcement:
#1 Chickens in a residential district (Decorah Lane). Fond du Lac County Code Enforcement Dept and the Town have received anonymous complaints regarding the raising of chickens at a Decorah Lane residence. Chairman Guelig investigated the claim. The homeowners have to Banty chickens that are the children's pets. Guelig will speak to the owners.
#2 Nuisance debris (Cty. WH and Glen Street). Chairman Guelig reported that the owner of the Glen Street home is working on cleaning up the property.
Chairman Guelig also reported that a 20-yeard dumpster has been delivered to the Cty. WH property. Guelig further reported that the debris is all cleaned-up.
#3 Noxious weeds (Sand Hill Lane and Cty. WH). The lawn has been cut at the Sand Hill Lane property.
There was an attempt to cut the lawn at the Cty. WH property.
#4 Noise complaint (Cty. WH). A neighbor to the Welsch Restaurant & Ale House continues to struggle with the noise emitted by the kitchen exhaust fan. It was reported that the fan was installed in May of 2011. She has documented the start and stop times. She noted that during the summer, the fan runs 24 hours a day. She again requested some type of noise barrier, preferably a concrete wall.
It was reported that The Welsch recently replaced the exhaust fan motors. The new motors run at a slower speed.

Public Comments and Questions Pertaining to Town Business:
The Board were informed that the Sunset Drive street signs need to be updated.

Closed Session:
Closed session 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. Subject: Dedication of a public road. Motion by Jerry Guelig, second by Jim Rosenthal, to enter into closed session at 9:08 p.m., pursuant to Wis. Stats. 19.85(1)(g), regarding the dedication of a public road. Motion carried by roll call vote (5-0).

Adjournment:
Motion by Jim Rosenthal, second by Jerry Guelig, to adjourn the meeting at 9:16 p.m. Motion carried (5-0).



Attest. _________________________________________
Brenda A. Schneider, Clerk




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