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Town Board
Monday, January 12 2015
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. 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 acceptance of a Development Agreement with Bug Tussel Wireless, LLC, for the construction and operation of a telecommunications tower.
2. Consideration and possible approval of a request from Winnebago Association of Kiteboarders to borrow tables and chairs for the World Ice and Snow Sailing Championship, February 9-14.
3. Appointment of a Commissioner to the Johnsburg Sanitary District Commission, for a term of six years.
4. Discuss the future use of the Malone tornado siren.
5. Consideration and possible approval of a 2015 Budget allocation for Wages-Assistant Clerk.
6. Certified Survey Maps.
7. Report on Implements of Husbandry.
8. Consideration and possible approval of membership in the Urban Towns Committee of the Wisconsin Towns Association.


Ordinance Enforcement
1. Noise-W3675 Cty. WH
2. Nuisance debris-N8114 Glen Street.

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
JANUARY 12, 2015
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 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 Tim Simon, to approve the minutes of the 12/8/14 meeting. Motion carried (5-0).

Committee Reports:
Park & Rec Committee: No report was given.

Road Maintenance Supervisor Report:
Chairman Guelig reported that the hydraulic pump on the salter of one of the plow trucks broke down. The salter was 21 years old. The cost to repair the pump was more than $950. The Chairman authorized the purchase of a new salter at $3,500. It has been purchased and installed.
The Wellings Beach Road ditching project has been completed.
The Town also plans to dredge the channel from Fett's Pond to Lake Winnebago after the necessary DNR permits are obtained.

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

Approval of Town bills:
Motion by Jerry Guelig, second by Jim Rosenthal, to approve the bills (order nos. 1-54). Motion carried (5-0).

Unfinished Business:
#1 Consideration and possible approval of a proposal for the installation of a zone damper in the Road Maintenance Supervisor's Office. The following bids were received: Groeschel Co-$1,942.00; and Advanced Custom Geothermal, LLC-$775.00. Motion by John Abler, second by Jim Rosenthal, to accept the proposal from Advanced Custom Geothermal for the installation of a zone system in the Road Maintenance Supervisor's Office for the quoted sum of $775.00. Motion carried (5-0).

New Business:
#1 Consideration and possible acceptance of a Development Agreement with Bug Tussel Wireless, LLC, for the construction and operation of a telecommunications tower. Bug Tussel proposes to erect and operate a telecommunications tower, not exceeding 270 feet in height, on a parcel of real estate owned by Bord Revocable Trust, located in the SW 1/4 of the SE 1/4 of Section 36. Motion by Jim Rosenthal, second by John Abler, to enter into a Development Agreement with Bug Tussel, for term of 10 years beginning March 1, 2015, for the construction and operation of a telecommunications tower on the Bord property. Motion carried (5-0).
#2 Consideration and possible approval of a request from Winnebago Association of Kiteboarders to borrow tables and chairs for the World Ice and Snow Sailing Championship, February 9-14. Dan Deuster, representing the Association, indicated a desire to borrow 15 tables and 40 chairs for their event. He further indicated that the Fond du Lac Visitors and Convention Bureau has taken out an insurance policy for the event that would cover any damage to the tables and chairs. Motion by Jerry Guelig, second by Tim Simon, to approve the request. Motion carried (5-0).
#3 Appointment of a Commissioner to the Johnsburg Sanitary District Commission, for a term of six years. Motion by Jerry Guelig, second by Clarence Kraus, to re-appoint Franz Schmitz to another 6-year term on the Johnsburg Sanitary District Commission. Motion carried (5-0).
#4 Discuss the future use of the Malone tornado siren. The Malone siren is coming down due to the demolition of the building that it is mounted on. It was the consensus of the Board to donate the siren to the Town of Calumet based upon their interest in installing a siren near Johnsburg.
#5 Consideration and possible approval of a 2015 Budget allocation for Wages-Assistant Clerk. In the fall of 2012, Clerk Brenda Schneider deputized her assistant for the primary purpose of being legally authorized to initial absentee ballots for the upcoming Presidential Election. In September 2014, the Wisconsin Towns Association published an article stating, in part, that The appointing officer is responsible to compensate the deputy. The article further states, Although a town board cannot be forced to provide compensation to a deputy officer, the town board could in its discretion elect to do that.
Attorney Matt Parmentier submitted the following opinion, per the request of Chairman Guelig: We reviewed the statutes regarding whether a Town Clerk is responsible to pay the salary of a deputy clerk. We agree with the Towns Association that a clerk is responsible to pay the deputy clerk's salary unless the Town Board adopts a resolution declaring that it will be responsible to pay the deputy clerk's salary. The statutory basis for the Towns Association's interpretation (and ours) is Wis. Stats. Sec. 60.331 that says a clerk may appoint a deputy "for whom the Town Clerk is responsible." The Towns Association interprets "responsibility" to include payment unless the Town Board approves otherwise.
There remained different interpretations amongst the Board members and the Treasurer of the above noted opinions as to whether or not the Town can allocate funds to compensate a deputy clerk. Chairman Guelig sought further legal clarification. Attorney John St. Peter opined that An alternative approach taken by some of our Town clients is to directly hire an employee, who would then report to the Town clerk, but who is paid by the Town Board. This approach is especially effective when the Town Board and the Town Clerk collaborate on a job description for the employee. St. Peter's opinion further states There is no right or wrong answer to this question. But, in summary, the options are (1) Deputy Clerk, whose compensation is the responsibility of the Town Clerk; (2) Deputy Clerk, whose compensation is paid by the Town Board; or (3) an employee of the Town Board, whose compensation is paid directly by the Town (and who typically reports to the Town Clerk but who is under the ultimate control of the Town Board).
Motion by John Abler, second by Jim Rosenthal, to follow option (3) with an allocation of $8,500 for 2015 wages and to transfer $3,500 from the General Contingency Fund to the wages account. Motion failed (2-3). Nay-Clarence Kraus, Jerry Guelig, Tim Simon.
Motion by Tim Simon, second by Jerry Guelig, to follow option (3) with an allocation of $5,000 for 2015 wages. Motion failed (2-3). Nay-John Abler, Clarence Kraus, Jim Rosenthal.
Motion by Clarence Kraus to follow Option (1). Motion died for lack of a second.
Motion by Jerry Guelig, second by John Abler, that the Town Board hire and pay the Assistant Clerk, the Town Board will deputize the Assistant Clerk two weeks prior to each election, and the Town Board will pay the Deputy Clerk $200.00 per week for each of the two weeks prior to each election. Motion carried (5-0).
#6 Certified Survey Maps. None were presented.
#7 Report on Implements of Husbandry. The County and the Town have selected 'Option A-Do Nothing'. This option means that the County and the Town fall under the default State rules. No fee permits will need to be issued. Motion by Tim Simon, second by Jim Rosenthal, to appoint Clarence Kraus the permit issuer for Implements of Husbandry permits. Motion carried (5-0).
#8 Consideration and possible approval of membership in the Urban Towns Committee of the Wisconsin Towns Association. Motion by Jerry Guelig, second by Clarence Kraus, to decline membership in the Urban Towns Committee. Motion carried (5-0).

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.
On Friday, January 9th, a very calm day, Chairman Guelig recorded the following readings: Location 1, west of The Welsch at the property line, 67 dBa; Location 2, north property line, 64 dBa, Location 3, hill by the former Braun home, 60 dBa; and Location 4, the Nett property by the gazebo on the stone wall, 56 dBa.
Chairman Guelig will speak to Jason Welsch regarding possible adjustments to the fans at night.
#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 is working on obtaining quotes for lawn care service.

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

Adjournment:
Motion by Jerry Guelig, second by Clarence Kraus, to adjourn the meeting at 8:24 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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