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Town Board
Monday, December 14 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. Advisory Council
Road Supervisor's Report.
Review financial reports.
Approval of Town bills.

Presentation
Mike Immel, Rural Mutual Insurance-Annual review of insurance coverage.
Holyland Snowflyers-Kiekhaefer Sno-Bowl to be held 1/30/16 in Kiekhaefer Park.


Unfinished Business
1. Deadwood Point drainage.
2. Discuss possible amendments to the Building Inspector Contract with Birschbach Inspection Services, LLC for the administration of the Zoning Code.

Public Hearing
Petition for detachment of property from Taycheedah Sanitary District #3, owned by Ronald Spies, located at N8003 Hwy 151.

New Business
1. Consideration and possible approval of the Spies Detachment from Taycheedah Sanitary District #3.
2. Consideration and possible approval of a Kennel License, requested by Jim Feyen, N9103 County Road W.
3. Consideration and possible action to retract prior acceptance of a 3-year Agreement for fire protection services to be provided by the Town of Calumet; and to take any action deemed necessary to ensure fire protection, effective 1/1/2016.
4. Consideration and possible approval of a Sex Offender Residency Ordinance.
5. Consideration and possible approval of a Resolution Authorizing Administrative Officials to Borrow $250,000 for Road Repair and Resurfacing Projects to be completed during 2016.
6. Consideration and possible approval of amendments to the 2016 Budget. Tax Levy-Operations [-$17.32] and Misc. Revenue [$17.32].
7. Review the Conceptual Plan for development of the Mengel property adjacent to Hidden Prairie in Peebles.
8. Consideration and possible authorization to purchase chairs for the Town Hall.
9. Consideration and possible authorization to communication to Congressman Glenn Grothman the Town's opposition to a proposed mandate regarding wastewater treatment plants.
10. Certified Survey Maps.
11. Appointment of Election Officials for the 2016-2017 term.
12. Appointment of a Town Hall Rental Coordinator.

Ordinance Enforcement
1. Noise-W3675 Cty. WH.

Reports
1. Implements of Husbandry: permit report.
2. Kiekhaefer Park Patrol.
3. WTA Christmas Party.

Public comments and questions pertaining to town business

Closed Session
Pursuant to Wis. Stats. 19.85(1)(c), Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Subject: Notice of Complaint received from State of Wisconsin Department of Workforce Development.

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.


A quorum of the Taycheedah Sanitary District #3 Commission may be in attendance. No formal action will be taken by the Commission.


MINUTES

TOWN BOARD
MONTHLY BOARD MEETING
DECEMBER 14, 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, 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:
Motion by Tim Simon, second by John Abler, to approve the minutes of the 11/09/15 Monthly Board Meeting; the 11/09/15 Special Board Meeting; the 11/17/15 Budget Public Hearing and the Special Board Meeting; and, the 11/30/15 Special Board Meeting. Motion carried (5-0).

Committee Reports:
Park & Rec Committee: Committee Chair Abler reported that use of the Park is slowing down due to the weather.

Road Maintenance Supervisor Report:
Mike Sabel reported that the plows are ready.

Review the financial reports:
The November 2015 financial reports were reviewed. Treasurer Diederich reported that property tax bills were mailed today.

Approval of Town bills:
Motion by Jerry Guelig, second by Jim Rosenthal, to approve the bills (order #560-631). Motion carried (5-0).

Presentations:
Mike Immel, Rural Mutual Insurance-Annual review of insurance coverage.
Holyland Snowflyers-Kiekhaefer Sno-Bol to be held 1/30/16 in Kiekhaefer Park. Darrin Lefeber gave a presentation regarding the Club's completed site preparations and the event set-up plans. Lefeber noted that the event will be cancelled if there is no snow. The Club would hope to conduct the event in 2017.

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 to the Lake was cleaned again on November 6th and August 3rd.
Dave Schneider reported finding a grate over the opening of the culvert from the pond into the drainage ditch. He has removed cattails and debris a couple of times over the past few days; which seems to have increased the flow out of the pond.
The crops are now off of the field. Schneider questioned the Town's plans. Mike Sabel noted his intention to clean the south ditch along Deadwood Point Road (east/west). Chair Guelig commented on the cleaning of the north ditch. Sabel advised that digging the north ditch deeper will only create areas of water retention not water flow. The cleaning of the Fett easement area from Deadwood to the Pond seemed the most logical; however, the land is in private ownership.

#2 Discuss possible amendments to the Building Inspector Contract with Birschbach Inspection Services, LLC, for the administration of the Zoning Code. Clerk Schneider has handled the 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 time constraints 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 has requested written expectations from the Board.
It was noted that Birschbach is not interested in the additional work. Engineering and planning firms are able to provide the service.
The Board discussed possible options of adding the duty to the Assistant Clerk's responsibilities, increasing the compensation to the Clerk, hiring an administrator and funding for the work. The Board will develop a job description.

Public Hearing:
Petition for detachment of property from Taycheedah Sanitary District #3, owned by Ronald Spies, located at N8003 Hwy 151. Mr. Spies submitted a petition for the removal of his property, real and personal, from the sanitary district. Chair Guelig called the public hearing to order at 7:46 p.m. No one wished to speak in support or opposition to the petition. Motion by John Abler, second by Clarence Kraus, to close the public hearing at 7:47 p.m. Motion carried (5-0).

New Business:
#1 Consideration and possible approval of the Spies Detachment from Taycheedah Sanitary District #3. Motion by Jerry Guelig, second by John Abler, to approve the detachment of the Spies property from Taycheedah Sanitary District #3. Motion carried (5-0).
#2 Consideration and possible approval of a Kennel License, requested by Jim Feyen, N9103 County Road W. Motion by Clarence Kraus, second by Jim Rosenthal, to approve the annual Kennel License requested by Jim Feyen. Motion carried (5-0).
#3 Consideration and possible action to retract prior acceptance of a 3-year Agreement for fire protection services to be provided by the Town of Calumet; and to take any action deemed necessary to ensure fire protection, effective 1/1/2016. During the November 9th meeting of the Town Board, an Agreement for fire protection services for 2016-2018 was approved. The document was hand-delivered to the Chairman. The document was not distributed amongst the Board members and it was assumed the only changes made to the current Agreement were in reference to the term of the Agreement and the funding obligations for the upcoming three years. After the meeting, it was discovered that there were several substantive changes to the text of the document. Motion by Jim Rosenthal, second by John Abler, to request a legal review of the document, noting that if Attorney St. Peter finds to document acceptable, the Clerk is to release it to the Town of Calumet. Motion carried (5-0).
#4 Consideration and possible approval of a Sex Offender Residency Ordinance. Motion by Jerry Guelig, second by Jim Rosenthal, to adopt the Sex Offender Residency Ordinance. Motion carried (5-0).
#5 Consideration and possible approval of a Resolution Authorizing Administrative Officials to Borrow $250,000 for Road Repair and Resurfacing Projects to be completed during 2016. Motion by Clarence Kraus, second by Jerry Guelig, to approve the Resolution Authorizing Administrative Officials to Borrow $250,000 for Road Repair and Resurfacing Projects to be completed during 2016. Motion carried (5-0).
#6 Consideration and possible approval of amendments to the 2016 Budget. Tax Levy-Operations [-$17.32] and Misc. Revenue [$17.32]. The Town's 2015 net of new construction, released by the Department of Revenue for levy limit purposes, was 2.00%. However, the net of new construction, as reported by the Department of Revenue via the annual levy limit worksheet, was 1.996%. This rounding discrepancy created a proposed levy $17.32 more than the State-imposed limit. Motion by Jim Rosenthal, second by John Abler, to amend the 2016 Budget by reducing the Levy-Operations by $17.32 and increasing Misc. Revenue by $17.32. Motion carried (5-0).
#7 Review the Conceptual Plan for development of the Mengel property adjacent to Hidden Prairie in Peebles. Kevin Jones submitted a Conceptual Plan for development of the Mengel property. The consensus of the Board was to require connection of the street to Raven View Court. It was also noted that the developer would be responsible for the cost of widening the road culvert, it will be a Board decision regarding the timing of asphalting the road, a road bond would be required, zoning is conducive for a single-family residential development, the front setbacks are a minimum of 30 feet from the road rights-of-way, and the developer needs to contact the Taycheedah Sanitary District #1 Commission regarding the details of sewer service.
#8 Consideration and possible authorization to purchase chairs for the Town Hall. Motion by Clarence Kraus, second by Jerry Guelig, to deny authorization to purchase new chairs. Motion carried (5-0).
#9 Consideration and possible authorization to communicate to Congressman Glenn Grothman the Town's opposition to a proposed mandate regarding wastewater treatment plants. Motion by John Abler, second by Jim Rosenthal, to communicate, via letter to Congressman Grothman, the Town's opposition to a proposed mandate regarding wastewater treatment plants. Motion carried (5-0).
#10 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Redtail Ridge Dairy, LLC, creating Lot 1, consisting of 0.872 acres, and Lot 2, consisting of 1.464 acres, located in the SW 1/4 of the NW 1/4 of Section 34. The land is zoned Exclusive Agriculture-Farmland Preservation and is Base Farm Tract #83 consisting of 2.90 acres and a small portion of Base Farm Tract #82 consisting of 77.10 acres. The CSM does not propose any changes that would impact Farmland Preservation, per legal opinion from Attorney Matt Parmentier. Included in the CSM is the former cheese factory building located at the corner of Church Road and Ledge Road. The CSM illustrates that approximately half of the building encroaches the Town right-of-way. Per a legal opinion from Attorney Matt Parmentier, the Town Board has the authority under Wis. Stats. 86.04 to require the removal of the building as a condition of approval of the CSM. Citizens expressed concern regarding unsafe maneuvering of large farm equipment due to the location of the building. It was noted that there is only 12 feet between the stop sign and the center of the road. The current owner of the building is concerned about cars running into the house if the building were to be removed. The owner expects to be compensated for the value of the building. Motion by Jim Rosenthal to approve the CSM under the condition the building be removed pursuant to 86.04. Motion died for lack of a second. Motion by Clarence Kraus, second by Tim Simon, to approve the CSM without conditions. Motion carried (3-2). Nay-John Abler and Jim Rosenthal.
#11 Appointment of Election Officials for the 2016-2017 term. Per their statutory option, the Republican Party submitted a nominations list. Motion by Jerry Guelig, second by Tim Simon, to make the following appointments:
REPUBLICANS NON-REPRESENTED
Judy Simon Barb Thome
Virginia Schneider Judy Barrett
Rebecca Ries Jean Sabel
Lorraine Thome Karen Zuehlke
Betty Swenson Joanne Thome
Alternates Madonna Bowman
Bill Gius Kathleen Huth
Elizabeth Hayes Andy Lorenz
Kathy Henslin Paul Oosterhouse
Jean Hensen Bernie Rieder
Dawn Rieder Marcie Jost
Catherine Foster
Sandra Gissal
Motion carried (5-0).
#12 Appointment of a Town Hall Rental Coordinator. Clerk Schneider has handled rental of the Town Hall since 1995. Over that time, the Town has generated an estimated $34,590 in revenue. Schneider has decided to discontinue providing this service, unrelated to her statutory duties as Clerk, due to constraints on time and a significant reduction in funding for an assistant. Treasurer Diederich offered to handle rentals. She will research options for an online calendar for use in scheduling by her and the Clerk.

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 installed a wooden wall section directly in front of the fans a few feet away from the building.
The complainant reports 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).
The limit is 55 dBa during the day, per the ordinance.
Chairman Guelig contacted the Jason Welsch. Welsch indicated that he will not do anything more. An attendee recommended Welsch check into variable frequency drives (VFD) for the fans. VFD reduces the speed and energy use. Focus on Energy offers grant options for this work. Chair Guelig plans to share this information with Welsch.

Reports:
#1 Implements of Husbandry. Supervisor Kraus reported that there has been no further activity.
#2 Kiekhaefer Park Patrol. Lead Patrol Abler reported that use of the Park has decreased.
#3 WTA Christmas Party. The Town of Taycheedah hosted the annual Wisconsin Towns Association-Fond du Lac County Unit Christmas Party. There were 147 attendees. The Town received numerous positive comments. The net cost to the Town was $97.70.

Public Comments and Questions Pertaining to Town Business:
The Town Board heard a question regarding the public notice board at the St. Peter church. Wisconsin Act 79 went into effect on November 13, 2015. Municipalities are required to post in one public place if they also post on a website.

Adjournment:
Motion by Jerry Guelig, second by Tim Simon, to adjourn the monthly Board meeting at 9:13 p.m. Motion carried (5-0).

Closed Session:
Closed session pursuant to Wis. Stats. 19.85(1)(c), Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body had jurisdiction or exercises responsibility. Subject: Notice of Complaint received from State of Wisconsin Department of Workforce Development. Motion by Jim Rosenthal, second by John Abler, to enter into closed session at 9:19 p.m., pursuant to Wis. Stats. 19.85(1)(c), regarding the Notice of Complaint from the Department of Workforce Development. Motion carried by roll call vote (5-0).

Adjournment:
Motion by Clarence Kraus, second by Jim Rosenthal, to adjourn the closed session meeting at 9:34 p.m. Motion carried (5-0).




Attest. ____________________________________________
Brenda A. Schneider
Clerk




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