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Town Board
Monday, November 10 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. Sandy Beach Business Park-R.A.M. Investments, LLC.
Establish the minimum amount of financial surety.
b. Windward Estates-Gibraltar Development, LLC.
Establish the minimum amount of financial surety.
2. Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office.

New Business
1. Consideration and possible adoption of a Shoreland Zoning Agreement with Fond du Lac County.
2. Consideration and possible establishment of a road bond for the construction of a cul de sac at the end of Beverly Parkway.
3. Consideration and possible amendment to the Town's Code of Ordinances, Title 7, Licensing and Regulation, to modify the Class A Closing Hours for the sale of intoxicating liquor to 9 p.m. to 6 a.m.
4. Report on Golf Course Drive speed study.
5. Certified Survey Maps.
6. Report on Golf Course Drive speed study.
7. Report on Implements of Husbandry.

Ordinance Enforcement
1. Noise-W3675 Cty. WH
2. Nuisance debris-N8114 Glen Street.
3. Noxious weeds-W3651 Cty. WH.

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
NOVEMBER 10, 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 Bill 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 John Abler, second by Jim Rosenthal, to approve the minutes of the 10/13/14 and 10/30/14 meetings. Motion carried (5-0).

Committee Reports:
Park & Rec Committee: Bill Gius and Earl Jewett recently cleared some trees that were obstructing trails. Jim Feyen also assisted Bill Gius with removing another tree.

Road Maintenance Supervisor Report:
Chairman Guelig reported that the plows are ready and that the Dept plans to complete a ditching project this fall.

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

Approval of Town bills:
Motion by Jerry Guelig, second by Clarence Kraus, to approve the bills (order nos. 515-582). 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 following is a status report of each project:
a. 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.
On September 9th, the probable contractors informed Mike Sabel, Road Maintenance Supervisor, that they would not bid on the project due to their inability to complete the work by the end of the current season. The Clerk was directed to offer the developer the option to renew the letter of credit prior to 11/1/14, in lieu of the Town drawing the funds prior to the expiration of the current Letter of Credit, as previously directed.
The Town recently requested proposals for the remaining work. The estimate is $59,762.30. Per the Town's ordinance, the minimum amount of financial surety is $74,657.88.
The renewed letter of credit has been received, in the amount of $75,000, with an expiration of 11/1/2015. The developer has been informed of the Board's decision to extend to the option for the developer to complete the project prior to July 1, 2015, noting that if the developer fails to complete the project by July 1, 2015, the Town will draw on the Letter of Credit.
b. 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.


On September 9th, the probable contractors informed Mike Sabel, Road Maintenance Supervisor, that they would not bid on the project due to their inability to complete the work by the end of the current season. The Clerk was directed to offer the developer the option to renew the letter of credit prior to 12/1/14, in lieu of the Town drawing the funds prior to the expiration of the current Letter of Credit, as previously directed.
The Town recently requested proposals for the remaining work. The estimate is $105,948.40. Per the Town's ordinance, the minimum amount of financial surety is $132,435.50.
The renewed letter of credit is yet to be received. The developer has been informed of the Board's decision to extend to the option for the developer to complete the project prior to July 1, 2015, noting that if the developer fails to complete the project by July 1, 2015, the Town will draw on the Letter of Credit. The developer has also been informed that if he fails to renew the letter of credit by 12/1/2014, the Town will draw all funds.
#2 Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office. Mike Sabel is in the process of obtaining a second quote. Formal action was postponed pending further research.

New Business:
#1 Consideration and possible adoption of a Shoreland Zoning Agreement with Fond du Lac County. A recent Wisconsin Court of Appeals Opinion, Hegwood v. Town of Eagle Zoning Board of Appeals, 2013 WI 118, had an effect of voiding town zoning in county shoreland zoning buffer areas. Therefore, landowners in shoreland areas in Fond du Lac County are ineligible for Farmland Preservation Tax Credit due to the Hegwood decision. Fond du Lac County has compiled an Agreement that incorporates, by reference, the terms of the Town's Zoning Code so that the terms of the Town's Zoning Code become applicable again within shoreland areas located in the Town. Motion by John Abler, second by Jim Rosenthal, to adopt the Shoreland Zoning Agreement with Fond du Lac County. Motion carried (5-0).
#2 Consideration and possible establishment of a road bond for the construction of a cul de sac at the end of Beverly Parkway. Chairman Guelig reported that Val Eppli is no longer interested in selling the newly created lot; therefore, the road bond is no longer necessary.
#3 Consideration and possible approval of an amendment to the Town's Code of Ordinances, Title 7, Licensing and Regulation, to modify the Class A Closing Hours for the sale of intoxicating liquor to 9 p.m. to 6 a.m. On October 13, 2014, the Town Board approved an amendment to the Code allowing for the sale of intoxicating liquor from 8 a.m. to 9 p.m. Upon further research, it was discovered that the law was changed a couple of years ago to allow for the sale of intoxicating liquor from 6 a.m. to 9 p.m. Motion by Clarence Kraus, second by John Abler, to further amend Title 7, Section 2, Licensing and Regulation, Closing Hours, to prohibit the sale of intoxicating liquor between the hours of 9:00 p.m. to 6:00 a.m. Motion carried (5-0). Note that the sale hours of fermented malt beverages remains 6:00 a.m. to 10:00 p.m.
#4 Report on Golf Course Drive speed study. The current posted speed limit is 45 mph. The County Highway Department completed their study. The Dept is unable recommend a reduction based upon the study. The average traveled speed was 48.6 mph.
#5 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Kraus Trust (James & Linda), creating Lot 1, consisting of 6.179 acres, located in the SW 1/4 of the SW 1/4 of Section 25. Motion by Clarence Kraus, second by Tim Simon, to approve the CSM. Motion carried (5-0).
A Certified Survey Map was submitted on behalf of Mike & Jane Steinke, creating Lot 1, consisting of 2.392 acres, located in the NE 1/4 of the NE 1/4 of Section 9, Town of Empire; and the SE 1/4 of the SE 1/4 of Section 4, Town of Taycheedah. Chairman Guelig is pursuing a legal opinion regarding the creation of a lot encompassing lands in two towns. No action was taken.
#6 Report on Implements of Husbandry. Supervisors Clarence Kraus and John Abler attended an education session in September presented by the Town's attorney. The County Highway Commissioner and representatives of several other Fond du Lac County towns were in attendance. At that time, the County planned to consider adopting Option E Impose Non-Uniform Higher Weight Limits. However, the County Highway Commissioner reportedly is now pursuing, due to action by the County UW-Extension Education, Agriculture and Recreation Committee, Option F Re-Impose Per-Axle Limits on Category B Implements. The towns represented at the session were of the opinion to be consistent with the County. Chairman Guelig will contact the attorney regarding the matter.


Ordinance Enforcement:
#1 Noise-W3675 Cty. WH. A neighbor to the Welsch Restaurant & Ale House continues to struggle with the noise emitted by the kitchen exhaust fans. It was reported that the fan system was installed in May of 2011. The neighbor has documented the start and stop times. She noted that during the summer, the fan runs 24 hours a day. She added that she was unaware of the replacement of the exhaust fan motors and has not noticed a difference in the noise.
On September 10, 2012, the Town Board amended the Code of Ordinances, Section 13-1-121, Noise, to reduce the decibel level during the day from 75 dBa to 55 dBa, and during the night from 70 dBa to 50 dBa for residential district. And the commercial district was identified as 60 dBa during the day and 55 dBa at night. Day is defined as 7 a.m. to 10 p.m.
Chairman Guelig reported that he intends to get two opinions. He has lined-up two individuals to take readings.
#2 Nuisance debris-N8114 Glen Street. Chairman Guelig reported that the owner of the Glen Street property is not ad versed to help and is willing to pay for assistance. Chairman Guelig will check into some type of service.
#3 Noxious weeds-W3651 Cty. WH. The owners moved out of the Town. Only the lawn/weeds in the front yard have been cut. The Chairman attempted contact with the owner. His call has yet to be returned.

Public Comments and Questions Pertaining to Town Business:
None presented.

Adjournment:
Motion by Jerry Guelig, second by Tim Simon, to adjourn the meeting at 7:53 p.m. Motion carried (5-0).



Attest. _________________________________________
Brenda A. Schneider, Clerk




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