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Town Board
Monday, July 11 2016
TIME: 7:00 p.m.
LOCATION: at the Taycheedah Town Hall
Monthly Meeting


Call to order.
Pledge of Allegiance.
Approval of meeting minutes.
Park & Rec. Advisory Council
Kiekhaefer Park Patrol
Road Supervisor's Report.
Review financial reports.
Approval of Town bills.

Unfinished Business
1. Deadwood Point drainage.
2. Cheedah Meadows drainage.
3. Discuss administration of the Zoning Code.
4. Board of Appeals appointments.

New Business
1. Consideration and possible acceptance of Fire Protection Agreement with the Town of Calumet Fire Department.
2. Discuss Conditional Use Permit requirements and the L&H Gyr property.
3. Discuss amending the Zoning Code to all for chickens in the residential districts.
4. Consideration and adoption of Authorizing Resolution to Initiate Cooperative Boundary Plan Process with the City of Fond du Lac pursuant to Wis. Stat., 66.0307.
5. Certified Survey Maps.
6. TSD#3 Commission appointment.

Ordinance Enforcement
1. Noise-W3675 Cty. WH.
2. Nuisance/Unsightly debris-N7291 Cty. K.

Public comments and questions pertaining to town business


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.


JULY 11, 2016
7:00 P.M.

Members present: Chairman Jerry Guelig, Supervisors John Abler, Clarence Kraus, Jim Rosenthal II and Tim Simon. Also present: Clerk Brenda Schneider, Treasurer Kathy Diederich, Assessor Bill Huck, Constable Bill Gius and Road Maintenance Dept. employee Randy Rieder.

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 Clarence Kraus, to approve the minutes of the 6/13/16 Monthly Board Meeting. Motion carried (5-0).

Park & Rec Committee: Committee Chair Abler reported the Committee will conduct a meeting on July 28th, at 6:00 p.m. He also reported that there has been quite a bit of trail maintenance completed and a downed tree has been removed from a trail. He is still working to identify vandals. He also worked with a boy scout on a new bench project.
Park Patrol: See above.
Road Maintenance Department: Randy Rieder reported that blacktopping went well and that he plans to finish the shouldering in the near future. Supervisor Kraus mentioned a shoulder washout on Tower Road. Rieder advised the Board members to not wait for the monthly meeting to report any known problems. He recommended leaving a voice mail message on the Department's phone.

Review the financial reports:
The June 2016 financial report was reviewed.

Approval of Town bills:
Motion by Jerry Guelig, second by Tim Simon, to approve the bills (order #282-309). Motion carried (5-0).

Unfinished Business:
#1 Deadwood Point drainage. Per Jared Seidl, DNR, spoils from ditching activities cannot be deposited on wetlands. This restriction will prohibit building a berm along the backside of the ditch along the north side of Deadwood Point Road, per Dave Schneider's request. It was also noted that a majority of the area is designated as wetlands. Seidl also advised that digging the ditch deeper will only retain more water. The Fond du Lac County Highway Dept. will determine the volume of material that needs to be removed from the road ditches and perform the work after July 4th.
The kiteboarding community, represented by Kevin Gratton, informed the Board, via email, that removing zebra mussels has caused the sandy shoreline at the lakeside property to erode away. A meeting was held on Thursday, July 7th, at 9:00 a.m. Those in attendance included Jared Seidl, DNR; two representative of Fond du Lac County; four Town Board members (at various times); Marc Fett, Dave Schneider, Karen Schwengels and a neighboring property owner. The intent of the meeting was to discuss possible options to improve drainage of the area. Kevin Gratton does not want any more zebra mussel shells removed from the discharge ditch to the Lake due to the deterioration of the sandy shoreline. There is no available funding for the restoration of the sandy beach. Installing rip-rap is a possible option for sustaining what remains of the shoreline.
It was suggested that an engineering study be done. The estimated cost of a study was $5-10,000, with no guarantees that any recommendation would resolve the issues. Chairman Guelig stated that it is up to the property owners if they want to pay for a study.
One of the Fond du Lac County representatives believes the easiest thing to do is maintain the ditches. John Abler noted that the outlet ditch to the Lake is on private property yet the Town has been paying the costs of opening it. The issue is who needs to take on the responsibility of keeping the outlet ditch open; noting that it could be cleaned nearly weekly.
Another matter is the north/south swale from the Deadwood Point Road to the pond. This swale is also on private property owned by Jim & Marc Fett. Marc Fett indicated that he did not know who created this swale. The Town has two road culverts that carry water from the road ditches to the Fett swale to the pond.
The Town may get an estimate for the stabilization of the shoreline along the Town's lake lot. The DNR will need to be contacted regarding a permit. It was noted that the DNR is now allowing sand spoils to remain on the property.
#2 Cheedah Meadows drainage. The Town received emailed communication from Jared Siedl, DNR, regarding a complaint he received pertaining to drainage concerns in Cheedah Meadows. The email included photos of a shovel handle poked into a settlement hole to illustrate the depth of the hole. The email also mentioned issues with drainage at Safari Lane.
Randy Rieder filled the settlement hole with screenings. It was noted that the driveway culverts in this area are at exactly the same elevation. He also noted that the pond has two large pipes at the end; however, due to the cattails in the pond, he was unable to shoot elevations.
#3 Discuss 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.
Clerk Schneider compiled a list of duties. Chairman Guelig is negotiating with a member of the Plan Commission. In the meantime, on April 11th, the Town Board formally appointed Chairman Guelig the Temporary Zoning Administrator.
This matter was postponed to the next meeting.
#4 Board of Appeals appointments. The following May appointments to the Board of Appeals have been declined: John Friess and Erv Karls.
Chairman Guelig made the following appointments:
Tim Marcoe to complete John Friess' unexpired term (2019),
Joe Sabel to complete Erv Karls' unexpired term (2019), and
Mark Gulig to complete Joe Sabel's unexpired term as 1st alternate (2017).
Motion by Clarence Kraus, second by Jim Rosenthal, to support the appointments as noted above. Motion carried (5-0).

New Business:
#1 Consideration and possible acceptance of a Fire Protection Agreement with the Town of Calumet Fire Department. Consideration of the Agreement was postponed to the next meeting in the expectation that a representative of the Fire Department may attend in order to provide clarification.
#2 Discuss Conditional Use Permit requirements and the L&H Gyr property. The Gyr pit does not have a Town-approved Conditional Use Permit for mineral extraction. A registered letter sent to Leonard Gyr in April, 2000, regarding the matter yielded no response from Mr. Gyr.
Changes made in 2000-01, to the Wis. Admin. Code NR135, required all non-metallic mineral extraction operations, as of August 1, 2001, to develop reclamation plans to be administered by the counties. The Town's Zoning Code requires all said operations to acquire Conditional Use Permits specifically to address reclamation of any lands opened prior to August 1, 2001.
Motion by John Abler, second by Jim Rosenthal, to require L&H Gyr to obtain an approved Conditional Use Permit for non-metallic mineral extraction and to cease doing any hauling-out until they have a Conditional Use Permit. Motion carried (5-0).
Adjoining property owner Mike Blank continues to object to the concrete fence installed by Gyr. Chairman Guelig noted that the fence has been relocated in order to meet the 2' minimum setback. Guelig further noted that he has determined the fence is in compliance with the ordinance.
#3 Discuss amending the Zoning Code to all for chickens in all residential districts. The recently adopted City of Fond du Lac ordinance was distributed to the Board members.
Resident Mike Nally spoke about a family need to raise chickens on his property. Nally distributed a copy of the Town of Friendship ordinance and application form.
Motion by Jerry Guelig to adopt a chicken ordinance. Motion failed for lack of a second.
Matters relating to the containment of the chickens, roosters, health of the chickens, permit details and terms, and enforcement were discussed.
Motion by Jim Rosenthal, second by John Abler, to conduct a Town Board workshop meeting to further discuss the matter. Motion carried (4-1). Nay-Jerry Guelig.
#4 Consideration and adoption of Authorizing Resolution to Initiate Cooperative Boundary Plan Process with the City of Fond du Lac pursuant to Wis. State., 66.0307. Motion by John Abler, second by Jerry Guelig, to adopt the Resolution as presented. Motion carried (5-0).
#5 Certified Survey Maps. A Certified Survey Map was submitted on behalf of Michael J. Wirtz, creating Lot 1, consisting of 1.749 acres and Lot 2, consisting of 6.473 acres, located in the NW 1/4 of the SW 1/4 of Section 23. The property is zoned A-1. The minimum lot size is 1.5 acres. Motion by Jim Rosenthal, second by Jerry Guelig, to approve the CSM as presented. Motion carried (5-0).
#6 TSD#3 Commission appointment. Commissioner John Rickert's term is ending. Motion by Jerry Guelig, second by Tim Simon, to re-appoint John Rickert to a term of six-years. Motion carried (5-0).

Ordinance Enforcement:
#1 Noise-W3675 Cty. WH. There is an ongoing complaint 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.
Subsequently, Jason Welsh installed a wooden wall section a few feet away from the building directly in front of the fans.
The complainant reports no difference in the sound since the buffer was installed.
Guelig reported that John Schmidt, WW Electric, performed a site visit. His inspection found a bad bearing and a wobbly belt. Mr. Schmidt suggested the replacement of the pulleys. He believes this will decrease the dBa by 1 to 2 points. He also recommended adding Styrofoam or carpet to the wooden wall.
Guelig further reported that Welsch has added foam to the wooden wall. It is unknown at this time if the fan's bearing and belt have been replaced.
#2 Nuisance/Unsightly debris-N7291 Cty K. Chairman Guelig performed a site visit. A letter was sent to the owner regarding removal of the debris and the remediation of the noxious weeds. The owner responded in writing that he is working on it.

Public Comments and Questions Pertaining to Town Business:
William J. Huck, Sr., Town of Taycheedah Assessor for the past 39 years, formally submitted his letter of resignation to be effective August 22nd, or after the final adjournment of the 2016 Board of Review. Mr. Huck was thanked for his service to the Town.

The Town Board heard comments and questions regarding a section of Sandy Beach Road that was heavily filled with a soft tar material that is being tracked onto a private proprerty and a re-stated objection regarding the Gyr fence.

Motion by John Abler, seconded by Jerry Guelig, to adjourn the monthly Board meeting at 8:19
p.m. Motion carried (5-0).

Attest. ____________________________________________
Brenda A. Schneider

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