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Town Board
Monday, June 8 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. Update regarding road construction projects yet to be completed by the Developer.

New Business
1. Consideration and possible approval of a Blasting Permit for Quarry Operations, submitted by Northeast Asphalt, Inc.
2. Consideration and possible awarding of road improvement projects.
3. Consideration and possible approval of Liquor & Beer License applications, effective July 1, 2015 to June 30, 2016:
a. Sunset on the Water Grill & Bar. Class B Liquor & Beer. Premise-N7364 Winnebago Drive.
b. Three Sheets. Class B Liquor & Beer. Premise-W4809 Golf Course Drive.
c. Steffes' Tavern & Restaurant. Class B Liquor & Beer. Premise-W3727 CTH WH.
d. The Welsch Restaurant & Ale House. Class B Liquor & Beer. Premise-W3675 CTH WH.
e. Peebles Grille. Class B Liquor & Beer. Premise-N7640 CTH WH.
f. Urban Fuel & Company. Class B Liquor & Beer. Premise-N7645 North Peebles Lane, Suite 3.
g. East Shore Conservation Club. Class B Beer. Premise-N7954 Tower Road.
h. Thornbrook Golf Course, LLC. Class B Beer. Premise-N8821 Blue Gill Dr.
i. Eden Grill. Class B Beer and Class C Wine. Premise-N7591 Taycheedah Way.
j. Ledgeview Express. Class A Liquor & Beer. Premise-N7593 Taycheedah Way.
k. E & J Convenience. Class A Liquor & Beer. Premise-N7425 Winnebago Drive.
4. Consideration and possible approval of a request to close Golf Course Drive from Winnebago Street thru the cul de sac, for a fishing tournament to be held on June 27th.
5. Discuss parking issues in Johnsburg.
6. Consideration and possible amendment to Code of Ordinances, Title 6: Public Works, Driveways; Culverts.
7. Discuss Calumet First Responders use of donated funds.
8. Certified Survey Maps.
9. Status of the Klapperich certified survey map.
10. Schedule a special meeting.

Ordinance Enforcement
1. Noise-W3675 Cty. WH

Reports
1. Implements of Husbandry: permit information.

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
JUNE 8, 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, Assessor Bill Huck, Constable Bill Gius and Road Maintenance Supervisor Mike Sabel.

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:
Supervisor Kraus commented that he had heard about changes to Implements of Husbandry, as noted under Reports. Motion by John Abler, second by Tim Simon, to approve the minutes of the 5/11/15 meeting. Motion carried (5-0).

Committee Reports:
Park & Rec Committee: The Holyland Snowflyers started clearing the track. They moved nicer trees into the center area. Also, the woodchips at the Hermanns Park playground will be replenished this year.

Road Maintenance Supervisor Report:
Mike Sabel reported that landscaping has been completed on the 2014 ditching jobs. The recent collapse of a concrete culvert on Golf Course Drive was an unexpected replacement project. Sabel plans to complete the first round of ditch mowing within a week or two, and he plans to continue shouldering work.

Review the financial reports:
The May 2015 financial report will be reviewed during the June meeting.

Approval of Town bills:
Motion by Tim Simon, second by John Abler, to approve the bills (order nos. 280-318). Motion carried (5-0).

Unfinished Business:
#1 Update regarding road construction projects yet to be completed by the Developer. The developers of the remaining projects listed below were mailed a letter on or about April 20, 2015, reminding them of the July 1st deadline for project completion. The summary and status of each project are as follows:
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, expired on 11/1/14.
The renewed letter of credit was 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 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.
An email from Brent Schumacher, dated June 4, 2015, was received. The email noted "milling work will start in the next couple of weeks and paving after for a 7/1/15 completion date".
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, expired on 12/1/14.
The renewed letter of credit was received, in the amount of $132,435.50, with an expiration of 12/1/15. The developer has been informed of the Board's decision to extend 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.
Gibraltor did not respond to the April 20, 2015, reminder letter; however, Staff was informed that Gibraltor has contracted with Northeast Asphalt, with an anticipated project completion date on or before 7/1/15.
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, expired on 9/11/2014.
The renewed letter of credit was received, in the amount of $72,700, with an expiration of 9/11/15. The developer has been informed of the Board's decision to extend 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.
Signature Homes has not responded to the April 20, 2015, reminder letter.

New Business:
#1 Consideration and possible approval of a Blasting Permit for Quarry Operations, submitted by Northeast Asphalt, Inc. Motion by Jerry Guelig, second by Clarence Kraus, to approve the Permit application. Motion carried (4-0). Abstention-Tim Simon.
#2 Consideration and possible awarding of road improvement projects.
Pulverize & Pave 2.0" Binder with 1.5" Finish Coat Projects NEA Struck FDL Cty Fahrner Scott
1. BLUE GILL DRIVE Mallard Ln thru cul de sac $51,688.15 $55,343.75 $39,820
Approximately 1,550' x 20'
Option 2: Pave 1.5" cold mix mat, apply black slag hot oil seal coat $22,142
2. SKYLANE DRIVE Tower Road to Tower Road $88,097.40 $92,450 $66,976
Approximately 2,760' x 20'
Option 2: spot cold mix wedge/double hot oil sealcoat using stone on bottom and black seal on top $20,976
1.5" Overlay Projects
1. CODY ROAD Golf Course Dr to W3760 Cody Rd. $13,113.50 $14,400 $11,500 Approximately 800' x 20'
2. LEDGE ROAD Fineview Rd to Redtail Ln $10,720.75 $8,510 $6,552
Approximately 500' x 20'
3. FAIRFIELD DRIVE McCabe Rd to N7951 Fairfield $10,098.95 $10,370 $7,920
Approximately 600' x 20'
4. MINAWA BEACH RD Hwy 151 to private road $35,472.50 $42,920 $28,212
Approximately 2,700' x 20'
5. MINAWA BEACH RD Public road to bridge $5,117 $3,945 $3,168
Approximately 310' x 20'
6. TOWER ROAD N7843 Tower to N7926 Tower $11,511.60 $11,610 $9,504
Approximately 700' x 20'
7. SUNSET DRIVE Edgewood Ln to Silica Road $49,430 $53,150 $40,887
Approximately 3,600' x 20'
Pave 2" Binder with 1.5" Finish Coat Projects
1. GLADSTONE BEACH Location verified by site conditions $9,786 $11,375 Approximately 200' x 20'
2. SPRING STREET Location verified by site conditions $18,920 $21,500
Approximately 800' x 10'
Wedge/Slag Seal Project
1. GOLF COURSE DR Location verified by site conditions $29,992 $17,379 Approximately 4,600' x 20'
(Fahrner bid excludes patching)
Slurry Seal-upper parking lot
1. TOWN HALL Prep work and slurry seal $9,727
Patching/leveling, slurry seal and striping $24,229
Approximately 800' x 10'

Motion by Clarence Kraus, second by Jim Rosenthal, to award the SKYLANE DRIVE project to Scott Construction for $20,976, Option 2 for double seal coat. Motion carried (5-0).
Motion by Jerry Guelig, second John Abler, to award the BLUE GILL DRIVE project to Fond du Lac County for $55,343.75. Motion carried (3-2). Nay-Clarence Kraus and Jim Rosenthal.
Motion by Jerry Guelig, second by John Abler, to award to Fond du Lac County the CODY ROAD project [$14,400], LEDGE ROAD project [$8,510], FAIRFIELD DRIVE project [$10,370], MINAWA BEACH ROAD project [$42,920], TOWER ROAD project [$11,610], SUNSET DRIVE project [$53,150], GLADSTONE BEACH ROAD project [$11,375], and the SPRING STREET project [$21,500], citing the expected use of more asphalt than the other bidders; thereby further increasing the quality and durability of the road. Motion carried (5-0).
Motion by Jerry Guelig, second by John Abler to award the GOLF COURSE DRIVE project to Scott Construction [$29,992]; and to award the TOWN HALL PARKING LOT project to Struck & Irwin [$9,727]; and to apply $26,000 from the Contingency Fund-Road Maintenance to the 2015 Highway/Roads Blacktopping budget. Motion carried (5-0).
#3 Consideration and possible approval of Liquor & Beer License applications, effective July 1, 2015 to June 30, 2016:
a. Sunset on the Water Grill & Bar. Class B Liquor & Beer. Premise-N7364 Winnebago Drive.
b. Three Sheets. Class B Liquor & Beer. Premise-W4809 Golf Course Drive.
c. Steffes' Tavern & Restaurant. Class B Liquor & Beer. Premise-W3727 CTH WH.
d. The Welsch Restaurant & Ale House. Class B Liquor & Beer. Premise-W3675 CTH WH.
e. Peebles Grille. Class B Liquor & Beer. Premise-N7640 CTH WH.
f. Urban Fuel & Company. Class B Liquor & Beer. Premise-N7645 North Peebles Lane, Suite 3.
g. East Shore Conservation Club. Class B Beer. Premise-N7954 Tower Road.
h. Thornbrook Golf Course, LLC. Class B Beer. Premise-N8821 Blue Gill Dr.
i. Eden Grill. Class B Beer and Class C Wine. Premise-N7591 Taycheedah Way.
j. Ledgeview Express. Class A Liquor & Beer. Premise-N7593 Taycheedah Way.
k. E & J Convenience. Class A Liquor & Beer. Premise-N7425 Winnebago Drive.
Motion by John Abler, second by Jim Rosenthal, to approve all License applications as noted above. Motion carried (5-0).
#4 Consideration and possible approval of a request to close Golf Course Drive, from Winnebago Street thru the cul da sac, for a fishing tournament to be held on June 27th. Jason Eiring, Three Sheets, requests the closure for a South End Fishing Club fund-raising event. Motion by John Abler, second by Jerry Guelig, to approve the request to close Golf Course Drive, from Winnebago Street thru the cul de sac, on June 27th. Motion carried (5-0). Motion by John Abler, second by Jerry Guelig, to amend the approval to allow the closure from 9:00 a.m. June 27th to 3:00 a.m. June 28th. Motion carried (5-0).
#5 Discuss parking issues in Johnsburg. The Fond du Lac County Highway Commissioner requested input from the Town Board regarding a citizen complaint pertaining to parking along the street on CTH Q near the intersection of CTH W. The citizen provided photos illustrating the view obstruction caused by the parked vehicles. Motion by Tim Simon, second by Clarence Kraus, to provide no opinion regarding the matter, citing the fact that the County has jurisdiction over the noted intersection. Motion carried (5-0).
#6 Consideration and possible amendment to Code of Ordinances, Title 6: Public Works, Driveways; Culverts. Comprehensive revisions to the Ordinance were reviewed and discussed.
Motion by Jerry Guelig, second by Jim Rosenthal, to amend Section 6-4-2(c)(1), to state that all residential driveways shall be no greater that forty (40) feet wide at the pavement edge. Motion carried (5-0).
Motion by Jerry Guelig, second by Jim Rosenthal, to amend Section 6-4-2(a)(3)(a), to eliminate the requirement for a 3-foot tapered area on each side of the apron. Motion carried (5-0).
Motion by Jerry Guelig, second by John Abler, to amend Section 6-4-2(b), to include Agricultural driveways and to amend subsection (1) to increase the maximum width of a Commercial, Industrial or Agricultural driveway to sixty (60) feet. Motion carried (5-0).
Motion by Jim Rosenthal, second by Jerry Guelig, to amend Section 6-4-2(a)(4)(b), to require an intermediate catch basin where the total culvert length is greater than one hundred (100) feet. Motion carried (5-0).
Motion by Jerry Guelig, second by Tim Simon, to amend Section 6-4-2(e), Construction Standards, to add Subsection (3), establishing a minimum culvert size of fifteen (15) inches, or the equivalent. Motion carried (5-0).
Motion by Clarence Kraus, second by Jim Rosenthal, to amend Section 6-4-2(e), Construction Standards, to add Subsection (4), Culvert Length, (a) Residential shall be twenty-four (24) feet minimum; one-hundred (100) feet maximum. Motion carried (5-0).
Motion by Tim Simon, second by Jim Rosenthal, to amend Section 6-4-2(e), Construction Standards, to add Subsection (4), Culvert Length, (b) Commercial, Industrial, or Agricultural shall be forty (40) feet minimum; one-hundred (100) feet maximum. Motion carried (5-0).
Motion by Jim Rosenthal, second by Clarence Kraus, to amend Section 6-4-2(e), Construction Standards, to add Subsection (5), End Walls, noting that the use of end walls is optional. Motion carried (5-0).
Motion by Jim Rosenthal, second by John Abler, to amend Section 6-4-2 to create Section (f), Contractor Requirements; and to create Section (g), Driveway Access Permit. Motion carried (5-0).
#7 Discuss Calumet First Responders' use of donated funds. Beginning in 1995, the Town has made an annual donation to the Calumet First Responders, with the intent that the funds be used to assist with the training and equipping of Taycheedah area First Responders.
It has come to the Board's attention that the First Responders intend to use this year's donated funds to provide an AED (Automatic External Defibrillator) to the daycare in Peebles. The Board discussed concerns regarding limited access to the AED and the extremely low probability of using the AED at the daycare. Motion by John Abler, second by Tim Simon, to send written communication to the First Responders expressing the Board's concerns. Motion carried (5-0).
#8 Certified Survey Maps. None were presented.
#9 Status of the Klapperich Certified Survey Maps. Two Certified Survey Maps were submitted on behalf of Cyril & Lucina Klapperich during the May meeting. The first survey creates Lot 1, consisting of 3.664 acres, located in the NE 1/4 of the SW1/4 and the NW 1/4 of the SW 1/4 of Section 35. The second survey creates Lot 1, consisting of 1.861 acres, located in the NE 1/4 of the SW 1/4 of Section 35. Both parcels are zoned Exclusive Agriculture/Farmland Preservation and are part of Base Farm Tract #91, consisting of 144.0 acres.
Clerk Schneider expressed concern regarding the Farmland Preservation Law as to limitations pertaining to the number of farm residences vs non-farm residences.
The Board proceeded to approve the CSMs, by a majority vote, during their May meeting.
Chairman Guelig directed the Clerk to obtain an opinion regarding the implications of the Farmland Preservation Law prior to executing and releasing the CSMs. Attorney Matt Parmentier opined, with Department of Ag, Trade & Consumer Protection confirmation, that due to the fact that the new lots proposed to be split off an existing farm will be owned separately from the remaining farmland, the residences on those lots are non-farm residents. Non-farm residences are required to follow the conditional use permit procedure prior to the approval of the CSMs.
Attorney Parmentier further opined that the prior approval of the CSMs, granted by the Town Board, is void as a matter of law because the Board exceeded its authority under the Town's Zoning Code.
#10 Schedule a special meeting. The Town Board will meet on June 22nd, at 5:00 p.m., to consider a liquor license application received after the statutory deadline.

Ordinance Enforcement:
#1 Noise-W3675 Cty. WH. The complainant was in attendance. She indicated that there are two large kitchen fans and exhaust fans. The kitchen fans emit substantially more noise than the exhaust fans. She has documented daily the times the fans were turned on and off.
Chairman Guelig reported that the owner turns off the fans at 10:00 p.m. The complainant indicated the fans are rarely off by 10:00 and sometimes they are turned back on even later in the night.
State Code may require the fans be on whenever certain kitchen equipment is being used.
Supervisor Abler performed a visit to the complainant's home on or about May 15th. Abler found the sound to be very annoying. He further stated that there is no way someone could sleep with the windows open.
In 2012, the complainant retained an acoustical engineer to do a sound test. The test indicated sound levels exceed the current ordinance's maximum decibel levels.
Per Supervisor Abler's research, the sound emitted by the fans is in violation of several subsections of the Town's Noise Ordinance.
Motion by John Abler, second by Jim Rosenthal, to issue written communication to the owner of the Welsch, enclosing the 2012 test results, references to the probable violations of Section 13-1-121, suggested modifications for noise suppression, and to direct the owner to remediate the violations within 30 days or Town will take enforcement action. Motion carried (4-1). Nay-Tim Simon.

Reports:
#1 Implements of Husbandry. Supervisor Kraus reported that so far no one is using qualifying equipment. Kraus expects permit activity when the corn silage starts.



Public Comments and Questions Pertaining to Town Business:
The Town Board heard comments and questions regarding the location of the Town's landfill and a farmer's unauthorized installation of a driveway, without a culvert, in Fisherman's Estates.

Adjournment:
Motion by Tim Simon, second by John Abler, to adjourn the meeting at 9:14 p.m. Motion carried (5-0).



Attest. _________________________________________
Brenda A. Schneider, Clerk




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Fond du Lac County, Wisconsin
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