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Town Board
Monday, November 9 2015
TIME: immediately following the Town Board Monthly Meeting
LOCATION: at the Taycheedah Town Hall
Special Business Meeting


The Board will conduct a planning session of the Wisconsin Towns Association-Fond du Lac County Unit Holiday Party

Brenda A. Schneider
Town 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.


NOVEMBER 9, 2015
7:00 P.M.

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, Constable Bill Gius, Road Maintenance Supervisor Mike Sabel and Building Inspector Paul Birschbach.

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 Tim Simon, second by John Abler, to approve the minutes of the 10/5/15 Budget Workshop Meeting, the 10/13/15 Monthly Board Meeting, the 10/19/15 Budget Workshop Meeting, and the 10/21/15 Informational Meeting. Motion carried (5-0).

Committee Reports:
Park & Rec Committee: Committee Chair Abler reported that Mark Kirschling completed the thinning of the pine grove. Kirschling submitted payment of $773.59 for the harvested trees. Abler requested the funds be applied toward the Parks Budget. Also, he and volunteers are working on clearing brush, installing signage and creating a trail map.

Road Maintenance Supervisor Report:
Mike Sabel reported that he is working on ditching projects, shouldering and filling known potholes. Sabel also noted a recently discovered sign theft problem.

Review the financial reports:
The October 2015 financial reports were reviewed.

Approval of Town bills:
Some members questioned the Assistant Clerk's compensation being over the allocation of $5,000. Clerk Schneider reminded the Board that she reported during the first Budget Workshop Meeting that the Assistant's compensation for the month of October will put the expense over the allocation and that she requested an additional $1,100 for the remainder of the year which is included in the published draft budget that will be considered by the electors during the November 17th Budget Hearing. Motion by Clarence Kraus, second by Jerry Guelig, to deny paying Karen Anderson's compensation and to take the expense out of the 2016 budget and pay her in January. Motion carried (3-2). Nay-Abler, Rosenthal.
Treasurer Diederich requested the addition of two items: $1,447.75 to the Fond du Lac County Treasurer for the reimbursement of Bob Norris' conversion fee required by order of the Department of Revenue, and $7,011.94 to National Exchange Bank for the refund of the balance of Adashun Jones' letter of credit following the recent completion of road construction projects in Sand Hill Ridge.
Motion by Jerry Guelig, second by Tim Simon, to approve the amended bills (order #514-559, excluding #542) with the two additions requested by Diederich. Motion carried (5-0).

Unfinished Business:
#1 Deadwood Point drainage. Ryan Rice, Fond du Lac County Land & Water Dept., indicated in a memo, dated August 10th, 2015, that the matter appears to be a civil issue. Rice recommends that affected landowners hire a private professional engineering firm to further evaluate the stormwater management issues.
The mouth of the ditch from the Pond to the Lake was cleaned again last Friday. This area was cleaned August 3rd.
Dave Schneider reported that the crops are coming off of the field. Mike Sabel noted his plans to clean the south ditch along Deadwood Point Road. Sabel also recommended the cleaning of the Fett easement area from Deadwood to the Pond noting that the water height of the Pond sets the water height in the ditches. Chairman Guelig will contact the attorney regarding permission requirements, doing the work as a Town project and billing Fett for the work.
Dave Schneider reported that water runs down the north ditch into his field. Chairman Guelig commented on the Town's intent to build a berm on the backside of the ditch.
Schneider will coordinate an on-site meeting.
#2 Consideration and possible acceptance of a 3-year Agreement for fire protection services to be provided by Town of Calumet Volunteer Fire Department. Chairman Guelig received the document directly. The document was not dispersed amongst the Board. Guelig reported the Agreement proposes a rate increase of 0% for 2016, 1% for 2017, and 1% for 2018. Motion by Jerry Guelig, second by John Abler, to approve the Agreement. Motion carried (5-0).
#3 Review and approve snowmobile trails planned for the upcoming season. Dale Driscoll, a representative of Holyland Snowflyers, was in attendance. Driscoll reported no changes to the route as it was established last year. They use all or portions of the following Town roads: Church Road, Lakeview Road, Silica Road, Fisherman's Road and Mengel Hill Road, as well as the trail system thru Kiekhaefer Park. Motion by John Abler, second by Clarence Kraus, to approve the planned snowmobile routes. Motion carried (5-0).
#4 Discuss communication received from Ron Spies. Mr. Spies sent a letter to Chairman Guelig. Spies questioned the legality of a sanitary district levying a tax against personal property, further stating that he received a verbal opinion from the Wisconsin Taxpayer Association and is awaiting documentation stating that taxes can only be assessed to real property. Guelig obtained a legal opinion stating that sanitary districts are authorized to levy taxes against all real and personal property.
Spies also submitted a petition for the removal of his property, real and personal, from the sanitary district; however, the submittal did not include Exhibit A, a legal description and a sketch of the property, as required by statutes. Spies will submit the information to the Clerk as soon as possible. A public hearing is planned for December 14th pending receipt of the information.

New Business:
#1 Discuss amendments to the Building Inspector Contract with Birschbach Inspection Services, LLC. Clerk Schneider has been handling administration of the Zoning Code since 1999. Schneider has decided to discontinue providing this service, unrelated to her statutory duties as Clerk, effective 1/1/16, due to major constraints on time and the low level of compensation for the additional work.
Paul Birschbach has been providing building permit and related inspection services since 1/1/14. Birschbach's contract does not include zoning administration.
Birschbach noted the following:
Zoning for a town of over 4,000 people is a big job. It's very time consuming. Administering farmland preservation is a job in and of itself.
He's not sure he can supply the service at a level that would make people happy.
He doesn't know how much he would charge if he were to do it but noted that it would need to be an hourly rate due to the fact that there is no compensation for zoning administration if individuals don't pull a building permit.
Currently the Town charges $25.00 per permit; $20 of it is paid for administration. As a comparison, the Village of Harrison charges $250.00. Further comparisons, the City of Chilton, population of 4,000, has three employees handling zoning and the Village of Harrison has a full-time planner.
The cost of building permits would need to increase to cover the increased expense.
He thinks the Board needs to define their expectations.
Private consultants are capable of providing the service; such as, Excel Engineering, Martinson & Eisele, and the County. A private consultant is currently providing guidance, when needed, at a rate of $82 per hour.
He recommends creating a position of planner/zoning administrator; noting that he feels the Town needs a presence in the office.
Chairman Guelig asked Birschbach to put something together and submit it to the Board.
#2 Discuss possible amendment to the Zoning Code pertaining to farm consolidation. Currently, the Zoning Code requires a conditional use permit for non-farm residences when an owner sells the cropable land but retains the house. The Code can be amended to allow farm consolidations as a permit use. Motion by Jerry Guelig, second by John Abler, to pursue such amendment to the Zoning Code. Motion carried (5-0).
#3 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Betty Birschbach, creating Lot 1, consisting of 17.279 acres, and Lot 2, consisting of 2.640 acres located in the SE 1/4 of the SE 1/4 of Section 36. The land is zoned Exclusive Agriculture-Farmland Preservation and is Base Farm Tract #114 consisting of 19.920 acres. The Farmland Preservation Program requires a conditional use permit for non-farm residences due to a planned change in ownership. Both Lot 1 and Lot 2 of the Birschbach CSM are planned to remain under the current ownership for a yet-to-be-determined amount of time. Based upon a legal opinion from Attorney Matt Parmentier, motion by Jerry Guelig, second by Clarence Kraus, to declare the existing home a farm residence under the Zoning Code, and approve the CSM, under the condition the following surveyor's note be included on the CSM, Note: Lot 2 of this CSM is permitted as a 'farm residence' under the Town of Taycheedah Zoning Ordinance. In the event of a change of ownership, Lot 2 may no longer be a permitted use and other approvals may be required. Motion carried (5-0).

Ordinance Enforcement:
#1 Noise-W3675 Cty. WH. There is an ongoing complaint from a neighboring property owner pertaining to the sound emitted by the kitchen exhaust fans.
The Town Board formally issued 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.
Jason Welsh recently installed a wooden wall section directly in front of the fans a few feet away from the building.
The complainant reports noticing no difference in the sound since the buffer was installed.
On November 8th, Chairman Guelig recorded the following decibel readings:
At the lot line of the former Braun house-62 dBa (1/9/15-68 dBa).
6 feet north of the former Braun house on the lot line-60 dBa (1/9/15-65 dBa).
On the Nett property by the evergreen tree-60 dBa (1/9/15-62 dBa).
On the Welsch property below the retaining wall-54 dBa (1/9/15-57 dBa).
Guelig noted the decibel readings of various vehicles traveling CTH WH recorded higher than the fans. The Board believed the limit is 55 dBa during the day, per the ordinance.
Motion by John Abler to issue a citation to the owner once a month until compliance is received. Motion failed for lack of a second. Chairman Guelig stated that he will check into the matter further.

#1 Implements of Husbandry. Supervisor Kraus reported that there has been no further activity, citing the season has ended. Rosenthal reported attorney advised during a class at the Wisconsin Towns Association Conference that the reports should be held in the Clerk's Office. Mike Sabel noted that the attorney also advised that the records are not subject to the open records and open meetings laws but are to be accessible in the event the DOT wants to inspect them. Kraus stated that he is accessible, via cellphone, should they want to see them.
#2 Kiekhaefer Park Patrol. Lead Patrol Abler reported that use of the Park is tapering-off. Abler plans to open discussion by next year regarding a change to the closing hours of the Park. He noted one incident of vandalism; a bullet hole in the new map sign.

Public Comments and Questions Pertaining to Town Business:
The Town Board heard comments and questions regarding a dangerous intersection at Church Road and Ledge. Wide and long farm equipment cannot safely maneuver turns due to the vision obstruction caused by the old cheese factory. Chairman Guelig stated that he understands the building will come down by the owner.

Motion by Jerry Guelig, second by Jim Rosenthal, to adjourn the meeting at 8:44 p.m. Motion carried (5-0).

Attest. _________________________________________
Brenda A. Schneider, Clerk

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