Town Board Meeting Minutes 2018
 

| January 2017 | February 2018 |


TOWN OF CLYMAN
PUBLIC HEARING
April 9, 2018 @ 7:00 pm
735 MAIN STREET
CLYMAN, WI 53016

BOARD ATTENDANCE: Chairman Dave Blank, 2nd Lee Bruni, 3rd Supervisor Tim Dornfeld, 4th Supervisor Mark Othmer, Treasurer Sandy Thoma, and Clerk Chris Spilker
ABSENT: 1st Supervisor Steve Caine
(785) The public hearing was called to order by Chairman, Dave Blank at 7:00 pm.
Ordinance 2018-2 Nude Entertainment to include definitions, authority, entertainment license required, annual license, renewals, special event license, regulations, location, license suspension, renovation and non-renewal , license transfer, exemptions, violations and penalties.
Question regarding if the board studied the Ordinance 2018-2. Chairman Blank stated that Atty. Griggs prepared the Ordinance.
It was questioned if the Ordinance specifically discusses the topics of being specific to touch, sexual orientation, and all other specific details outlining the content
Question regarding the Liquor License being tied to the Ordinances. Othmer stated that the Town of Clyman has been working with Neuberger Law Office and the board was provided examples from Dane County and the State of Wisconsin.
Question regarding the rights of the citizens in the Town of Clyman. Othmer stated that by creating these Ordinances this provides rights for the Town of Clyman.
Question regarding who would police these types of establishments.
It was noted that the Village of Clyman used a demerit or point system and therefore unless the citizens are willing to police these establishments the Town of Clyman would be working with Dodge County for any complaints.
Question regarding hours of operation. Othmer stated that a Conditional Use Permit can create a demerit or point system and establish hours of operation permitted.
It was stated that anyone interested in establishing a liquor license now would be required to follow the Ordinances 2018-2 and 2018-3.
Bruni stated that he appreciated the people’s interest in the Town of Clyman and should police any type of establishment set up with this type of setting.
Question regarding the setting up a camera unit on a road in which an establishment is created.
Question regarding the Town of Clyman taxpayers rights.
Othmer read aloud the two first pages of Ordinance 2018-2 where it outlined what is and is not permitted in the Town of Clyman to monitor these types of establishments.
Rev. Michael J. Erwin handed out documentation regarding legal changes to challenge strip clubs.
A village resident stated what she has witnessed as a resident that lives across from a club that provides nude entertainment in the Village of Clyman.
Question regarding the 2 liquor licenses already established and being utilized It was stated the Town of Clyman has established 2 liquor licenses with Marty Sell, Winery and Blew Inn.
Question regarding Conditional Use Permit requirements. Othmer explained with establishing a CUP in the Town of Clyman, this process allows for yearly reviews, and can create consequences if the Ordinances are violated.
Question regarding a new business opening in the Town of Clyman and the Town Board being restrictive to the types of business’s opening in the Town of Clyman.
Sherriff Schmidt stated that he is enforcing Sex Trafficking laws in Dodge County. He has stated that the liquor license demerit point system is a way to issue suspension or revoke a liquor license for this type of establishment.
Sherriff Schmidt also stated that Town Clerks are allowed to call the sheriff’s office for reports regarding an Ordinance that have been violated.
It was noted that demerit points will goes against the establishments rather than individuals.
Bruni/Dornfeld made a motion to close public hearing for Ordinance 2018-2 Nude Entertainment to include definitions, authority, entertainment license required, annual license, renewals, special event license, regulations, location, license suspension, renovation and non-renewal , license transfer, exemptions, violations and penalties at 7:32 pm.
Motion closed by voice vote. All voting Aye, motion carried.
Public Hearing 2018-3 Sexually Oriented Adult Entertainment Establishments.
Othmer explained that this ordinance along with 2018-2 will in conjunction with a CUP hopefully detour people from coming to the Town of Clyman to open any adult entertainment establishments.
Question regarding the ongoing investigation with the owner of the Village adult entertainment establishment.
Sheriff Schmidt would not comment on the ongoing investigation.
Othmer/Bruni made a motion to close the public hearing for 2018-3 Sexually Oriented Adult Entertainment Establishment at 7:40 pm.
Motion closed by voice vote. All voting Aye, motion carried.
Respectfully Submitted,
Chris Spilker, Town Clerk

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TOWN OF CLYMAN
REGULAR MONTHLY MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
APRIL 14, 2018 @ 8:00 AM

BOARD ATTENDANCE: Chairman Dave Blank, 1st Supervisor Steve Caine, 2nd Lee Bruni, 3rd Supervisor Tim Dornfeld, 4th Supervisor Mark Othmer, Treasurer Sandy Thoma, and Clerk Chris Spilker

ABSENT: None

Discussion and possible action regarding Borchardt/Huber Manure Pit.

Caine explained that at the last meeting the motion to approve $8,250.00 to James Borchardt should have been in the amount of $6,250.00.

Caine expressed that he believes that $6,250.00 is still a fair amount and asked if James Borchardt would accept a check for $6,250.00.

Clerk Spilker explained that error was only noticed due to a conversation she had with Lukasz the Town Engineer.

Caine asked the Borchardt’s if they would like to accept a check in the amount of $6,250.00. Jessica Borchardt was present and explained that she would only accept a check for the motion that was made in the amount of $8,250.00. She explained this was the agreement at the last meeting between the Town of Clyman Town Board and James Borchardt.

Clerk Spilker explained that the board was in a position to pay the $8,250.00 and after a discussion with Jerry Foellmi it was explained Chairman Blank was expressing to General Engineering Staff to do the work and provide estimates. Clerk Spilker also explained that the board had expressed over and over they did not want to be involved however due to the direction of the Chairman, General Engineering staff explained to her the Town of Clyman is now involved.

She further explained that the Town of Clyman Board is now in an obligation to offer the same efforts that were offered by Chairman Blank and General Engineering to Huber Trucking.

Dave Huber explained that he has $4,000 of extra expenses that was not part of any estimates provided.

Huber discussed with the board what he all agreed to with the Borchardt manure pit.

Othmer explained that General Engineering should have been involved in the beginning.

Caine explained that General Engineer should be involved and look at the cost estimates for Huber Trucking.

Huber explained that he would work with General Engineering and provide his costs and those final costs would be turned over by the Town Board.

Othmer/Dornfeld made a motion to hire General Engineering to review the cost estimates for Huber Trucking with regards to the Borchardt Manure Pit. All voting Aye, motion carried.

Othmer/Caine made a motion to adjourn at 8:33 pm. All voting Aye, Motion carried.

Respectfully Submitted,

Chris Spilker, Town Clerk

______________________________________

TOWN OF CLYMAN
TOWN MEETING
April 17, 2018 @ 8:00 pm
735 MAIN STREET
CLYMAN, WI 53016

BOARD ATTENDANCE: Chairman Dave Blank, 1st Supervisor Steve Caine, 2nd Lee Bruni, 3rd Supervisor Tim Dornfeld, 4th Supervisor Mark Othmer, Treasurer Sandy Thoma, and Clerk Chris Spilker
ABSENT: None
(823)The meeting was called to order by Chairman Blank at 7:53 pm. Roll call was taken.
TOWN ROAD MAINTENANCE: The board went and viewed town roads this past Saturday. Caine explained the brush on Fitzgerald Road and Hogsback have brush that needs clean up. He further explained he prefers only doing one grass cutting for the ditches and one cleanup for brush cutting.
Blank explained that he contacted the same contractor that is doing Hustisford brush cutting also doing the Town of Clyman.
Blank also noted Lover’s Lane and Welsh Road require brush cutting. Othmer stated the Lover’s Lane should have trees removed.
Caine/Othmer made a motion to hire JJ’s Brushcutting to do brush cutting in the Town of Clyman not to exceed $3000.00 and do Hogsback, Welsh Road, and Lovers Lane only. All voting Aye, motion carried.
Caine stated Lighthouse road is in need of wedging.
Othmer stated that pot holes and wedging should be done by the county.
Discussion was held regarding filling holes for Strauss Road.
Othmer/Caine made a motion to have grading done on Maple, Wood, Main, Huber, Kohlhoff and Dunn. All voting Aye, motion carried.
POST CARDS: May 12th or May 5th for Dumpster Days. Any board members wanting information on the post card should contact Sandy.
Caine/Othmer made a motion to approve postcard expense not to exceed $300.00. All voting Aye, motion carried.
COPIER: Caine/Dornfeld provided estimates for copier. Othmer/Dornfeld made a motion to approve the purchase a copier not to exceed $450.00. All voting Aye, motion carried.
PURCHASE ORDERS: Caine/Othmer made a motion to spend up to $100.00 to restock office supplies. All voting Aye, motion carried.
NEXT MEETING DATE: May 14, 2018 @ 7:30 pm.
Caine/Othmer made a motion to adjourn at 9:31 pm. All voting Aye, motion carried.
Respectfully Submitted,
Chris Spilker, Town Clerk

 


 

Previous Meetings

TOWN OF CLYMAN
REGULAR TOWN MEETING
January 8, 2018 @ 7:30 pm
735 MAIN STREET
CLYMAN, WI 53016

BOARD ATTENDANCE: Chairman Dave Blank, 1st Supervisor Steve Caine, 2nd Lee Bruni, 3rd Supervisor Tim Dornfeld, 4th Supervisor Mark Othmer, Treasurer Sandy Thoma, and Clerk Chris Spilker
ABSENT: None
(742)The meeting was called to order by Chairman Blank at 7:33 pm. The Pledge of Allegiance was recited.
MINUTES: Special Meeting minutes. Chairman Blank requested removing the statement “and borrow additional funding” under section Town Road Maintenance and LRIP Grant funds. Othmer/Dornfeld made a motion to approve as printed with the change listed. All voting Aye, motion carried.
TREASURER’S REPORT: Beginning Balance $32,723.62 Interest $2.56 Income $166,186.01 Expenses $47,699.40 Ending Balance $151,212.79.
Train Road: Beginning Balance $52,777.31 Deposited -0- Expenses $17,292.22 Ending Balance $35,485.09.
INVOICES TO BE PAID: Caine/Dornfeld made a motion to approve the bills as presented in the amount of $502,639.17. All voting Aye, motion carried.
FIRE CHIEF’S REPORT: None
TOWN ROAD MAINTENANCE: Chairman Blank presented a letter from Dodge County Highway Commission. Discussion was held regarding the letter. Chairman Blank explained that when he was in Dodge County Highway on another matter he was called into the office for discussion regarding the maintenance on Quest Road. The board discussed verbal agreements when Dodge County calls requesting for right of way issues being addressed immediately or in an emergency. The board recommended having section #11 of the contract between Dodge County Highway and Town of Clyman removed explaining that Dodge County has authority to maintain right of ways at any time and bill the municipality. This will be discussed in September 2018 when the new contract is reviewed. The board agreed to pay Dodge County Highway in the amount of $739.08 for work completed on Quest Road. All voting Aye, motion carried.
Bruni stated that he would like Willow Road to not be a priority. He further explained in talking with Lukasz he would only like to drop the hill part down rather than replace the entire road.
Othmer explained that in order to receive grant funds the entire road would need to be brought up the today’s Town Road standards. Lukasz will be providing the cost to correct Willow Road at no cost to the Town.
REPLACING TRUCK #1761: Discussion was held regarding a special meeting with the Village. This meeting will tentatively take place January 22, 2018 @ 7:00 pm. Discussion was held regarding titles being changed to Town and Village of Clyman and having additional insured should also be listed.
Chief Howlett explained that the Fire Association will be making a large donation and also the Fire Department will be contributing funds to the purchase of a new fire truck.
Discussion was held regarding borrowing funds. Othmer explained that capitol funds can be set up to be taxed based and add to a tax roll.
NEXT MEETING DATE: Caucus: January 13, 2018 @ 2:00 pm.
Special Meeting with Village of Clyman: January 22, 2018 @ 7:00 pm.
Regular Monthly Meeting: February 12, 2018 @ 7:30 pm
NON ACTION DISCUSSION: Discussion was held regarding changing the website. To be addressed at the meeting.
Caine/Bruni made a motion to adjourn at 8:34 pm. All voting Aye, motion carried.
Respectfully Submitted,
Chris Spilker, Town Clerk

_______________________________________

TOWN OF CLYMAN
REGULAR TOWN MEETING
February 12, 2018 @ 7:30 pm
735 MAIN STREET
CLYMAN, WI 53016

BOARD ATTENDANCE: 1st Supervisor Steve Caine, 2nd Lee Bruni, 3rd Supervisor Tim Dornfeld, 4th Supervisor Mark Othmer, Treasurer Sandy Thoma, and Clerk Chris Spilker
ABSENT: Dave Blank
(755) The meeting was called to order by acting Chairman, 1st Supervisor Steve Caine at 7:33 pm. The Pledge of Allegiance was recited.
MINUTES: Othmer/Dornfeld made a motion to approve the minutes as printed. All voting Aye, Motion carried.
TREASURER’S REPORT: Beginning Balance $151,212.79 Interest $21.27 Income $841,546.72 Expenses $505,379.27 Ending Balance $487,401.51.
Train Road: Beginning Balance $35,485.09 Deposited -0- Expenses $-0- Ending Balance $35,485.09.
INVOICES TO BE PAID: Bruni/Othmer made a motion to approve the bills as presented in the amount of $421,737.71. All voting Aye, motion carried.
TRAIN/LAIRD ROAD RELYCO RETAINAGE REQUEST: Steve read aloud the letter from Relyco requesting for a payment of retainage in the amount of $16,785.52.
Lukasz was present and explained the contractor’s insurance is expiring April 27, 2018. If the work to close the crossing is not complete a renewal of the policy will be completed. Lukasz explained that it is possible to complete the project by April 27, 2018.
He further stated in his opinion that he would release $6,785.52 of the retainage and would request in writing that they would complete the project before April 27, 2018. He further stated if no funds are released they may go pass the deadline and require Union Pacific to renew the policy at a cost to Union Pacific and also the town.
Lukasz further explained that the $10,000.00 would include the removal of pavement around the crossing per the contract between Union Pacific and Town of Clyman.
Caine/Othmer made a motion to release $6,785.52 with the agreement that a letter would be signed by Relyco with a deadline date. The letter is to include as part of the agreement that the Town has no interest in renewing the insurance policy should Relyco not complete the railroad crossing closures by April 27, 2018.
Discussion and possible action regarding a land split request for parcel# 012-1015-2831, also known as W6731 County Road CJ, located in NE1/4 SW1/4 SEC 28 EX 2.45 AC HWY DESC IN V369 P264; also listed on letter of intent for review is Parcel #012-1015-2832-000, located in the N3/4 OF NW1/4 SW1/4 SEC 28 EX N 145 FT OF W 145 FT OF SD 1/4 1/4 EX HWY DESC IN V369 P264 EX HWY DESC IN V595 P1 EX HWY DESC IN DOC# 1187691DESC IN DOC# 1187691
Othmer/Dornfeld made a motion to approve the land split as it meets the requirements of Clyman Zoning Ordinances 4.12 (1) (a)(b)(c)(d) Use Standards. All voting Aye, motion carried.

UTV/ATV: Discussion was held regarding the Town of Clyman roads having ATV/UTV access. Currently law 23.33(8) requires signage for access for every single road. In summer of 2018 legislative is looking to change the law that if signs are posted at the borders of the Town Road stating ATV/UTV access for the entire town separate road signs will not be required on every road.
Discussion was held regarding liability insurance. Othmer explained that per the Town’s association that any motor vehicle, even ATV’s and UTV’s have the same liability on all town roads.
Clerk Spilker noted when Junction road allowed ATV/UTV access a similar question was directed to Carol Willick, GTS Insurance representative. She stated at that time the town did not need additional insurance for ATV/UTV road access but in the event a claim would be filed then GTS Insurance may require and addition to the policy for ATV/UTV town road access. Clerk Spilker further noted to date the Town has not had to file a claim for ATV/UTV trail on Junction Road.
Further discussion was held requiring signage on all the Town roads in the Town of Clyman.
Discussion was held tabling until March for further research and drafting of the Ordinance for Clyman Town roads to have ATV/UTV access.
Caine/Dornfeld made a motion to table until next month.
FIRE CHIEF’S REPORT: Accepted as printed.
Fire Dept Truck Purchase: Caine summarized the last few meetings regarding the purchase of a new fire truck. He further stated the Town of Clyman would be responsible for $175,000.00.
Caine explained that State Bank of Reeseville is willing to do a 10 year no prepayment penalty, Semi Annual Payments - 3.40% OR a 15 year no prepayment penalty Semi Annual Payments – 4.50%.

Discussion was held regarding a 10 year payment at 3.40%. Further discussion was held regarding the fire department doing better efforts in fund raising to lower the cost of the purchase. A citizen address Chief Howlett directly asking for more effort on the Fire Department to raise funds for purchases.

Discussion was held regarding making the first payment in 2019. The payments will be approximately $23,000 for the year.

Caine/Othmer made a motion to approve a loan to purchase a fire truck owned jointly 50/50 with the Village of Clyman for 10 years at 3.4% in the amount of $175,000.00. All voting Aye, motion carried.

Othmer/Dornfeld made a motion to transfer $10,000.00 from Fire Truck Savings for disbursement to General Fund for the purchase of a new Fire Truck. All voting Aye, motion carried.

Othmer/ Caine made a motion to transfer funds from the 2% Account, F& M Savings Account, Lifequest Savings Account, Grant Savings Account for the Fire Departments portion of funds to purchase a new Fire Truck not to exceed $55,000.00. All voting Aye, motion carried.

Bruni/Othmer made a motion for contract with Reliant Fire for the purchase of a new fire truck not to exceed $214,000.00 to fund a new Fire Truck. All voting Aye, motion carried.

Othmer/Dornfeld made a motion to authorize Chairman Blank to sign on behalf of the Town of Clyman for the contract with Reliant Fire for the purchase of new Fire Truck not to exceed $214,000.00. All voting Aye, motion carried.

Caine/Othmer made a motion have signers Chairman Blank, 1st Supervisor Steve Caine, 2nd Supervisor Lee Bruni, Clerk Chris Spilker, and Treasurer Sandy Thoma per State Bank of Reeseville note allowed to 10 year payment at 3.40% for $175,000.00. All voting Aye, motion carried.

NON ACTION DISCUSSION: Dave Huber questioned where the check is for $10,000.00. It was explained Dave Huber is to contact his attorney for further instructions. Huber stated his attorney is waiting for correspondence from Atty Griggs. Caine asked Clerk Spilker to follow up with Atty. Griggs regarding any new correspondence for Dave Huber’s attorney.

Bruni/Dornfeld made a motion to adjourn at 8:55 pm. All voting Aye, motion carried.

Respectfully Submitted,

Chris Spilker
Town Clerk

 

__________________________________

TOWN OF CLYMAN
REGULAR TOWN MEETING
March 12,, 2018 @ 7:30 pm
735 MAIN STREET
CLYMAN, WI 53016

BOARD ATTENDANCE: Chairman Dave Blank, 1st Supervisor Steve Caine, 2nd Lee Bruni, 3rd Supervisor Tim Dornfeld, 4th Supervisor Mark Othmer, Treasurer Sandy Thoma, and Clerk Chris Spilker
ABSENT: None
(773) The meeting was called to order by Chairman, Dave Blank at 7:33 pm. The Pledge of Allegiance was recited.
MINUTES: Othmer/Caine made a motion to approve the minutes as printed. All voting Aye, Motion carried.
TREASURER’S REPORT: Beginning Balance $487,401.51 Interest $17.81 Income $301,567.40 Expenses $629,930.39 Ending Balance $159,056.33.
Train Road: Beginning Balance $35,485.09 Deposited -0- Expenses $7,590.52 Ending Balance $27,894.57.
INVOICES TO BE PAID: Caine/Dornfeld made a motion to approve the bills as presented in the amount of $12,651.15. All voting Aye, motion carried.
UTV/ATV ACCESS ORDINANCE 2018-1: Discussion was held regarding the signs being placed at every road. It was noted Quad County Runners will be paying for the signage. The board reviewed a sample Ordinance provided by the Town of Lowell. Discussion was held regarding creation of a fee for trail riding in the Town of Clyman. Clerk Spilker was directed to contact Dodge County regarding imposing fee for riding on the Town Roads.
Caine/Dornfeld made a motion to have legal counsel review Town of Lowell Ordinance UTV/ATV ACCESS ORDINANCE. Motion carried by voice vote.
RELYCO PAYMENT REQUEST: Discussion was held regarding the letter sent from RelyCo dated February 15, 2018 in which RelyCo requests the remainder of the retainer, $10,000.00. They have confirmed in writing that they will complete the work. The board asked Atty Griggs for a recommendation. Caine/Othmer made a motion to pay $7,500.00 for work already completed. Motion carried by voice vote.
FIRE CHIEF REPORT: No discussion was held. Chairman Blank noted that Pierce does tours and anyone is welcome to tour the plant. The board accepted the Fire Chief’s report as printed.
ADULT/NUDE ENTERTAINMENT ORDINANCE CREATION: Atty Griggs provided ordinances and case studies. He further stated that regulations can be defined in detail to the extent that the law allows. He further stated that in creating an ordinance tied to the Liquor License and in utilizing his drafts, 1 linked to the liquor license and a 2nd ordinance defining the details of what is/is not allowed.
Othmer/Bruni made a motion to review the information provided by Attorney Griggs and prepare for adoption at the next meeting. Roll call was taken.
Caine: Yes
Bruni: Yes
Dornfeld Yes
Othmer: Yes
Blank: Yes
Motion passed.

Othmer/Caine made a motion to move to public hearing at 7:00 pm at the next meeting. Motion carried by voice vote.
Convene into closed session pursuant to Wis. Stats. Section 19.85(1) (g) to review additional funding to the Borchardt/Huber/Manure Pit and consider possible motion suggested by Attorney Griggs on how to procced with possible ligation.

Caine questioned regarding why going into close session. Atty Griggs explained that possible ligation is still being pursued.
Atty Griggs explained that the two ways in which this can be handled. One being to go into close session and one is to discuss openly any new information. Atty Griggs stated that in conversations with Chairman Blank there is new information to present to the Town Board.
Chairman Blank let the board know members can abstain from voting.
Othmer/ Caine made a motion to go into close session. Roll call was taken.
Caine: Yes
Bruni: Yes
Dornfeld: abstained.
Othmer: Yes
Blank: Yes

Motion carried. Clerk Spilker acknowledged Tim Dornfeld abstaining and let the board know he will not need to provide comments in close session or during open session regarding this topic.
Clerk Spilker and Treasurer Thoma removed themselves from the close session.
Caine/Bruni made a motion to go back into open session. Motion carried by voice vote.
Question regarding where the check is located. It was noted the check is in Atty Redfeld’s office.
It was noted that in close session the Town Board has authorized Atty Griggs to direct a check made payable to Jim Borchardt and Huber Trucking be returned to the Town of Clyman. Once the check is returned 2 new checks will be issued. One check for $8,250.00 to James Borchardt and for $2,550.00 to Dave Huber. Those parties will have 90 days to cash the checks. Unless they do not return the check then it’s a not a complete transaction.
Discussion was held regarding what happens after 90 days and a stop payment will be placed on the checks.
Caine/Bruni made a motion to have Neuberger Law Office craft a letter to have original check be returned within 10 working days and once returned and these checks are cashed they are listed as payment in full. They need to be cashed in 90 days and the Town will not take any other action. Motion passed by voice vote. Tim abstained from all decisions.
TOWN ROAD MAINTENANCE: Discussion was held regarding having a group town road viewing in spring.
Discussion was held regarding Train Road starting to get pot holes. Discussion was also held regarding Hogsback having issues that need attention.
NEXT MEETING DATE: April 9th with a start time of 7:00 pm
Annual Meeting 4/17/18 at 7:30 pm
Caine/Othmer made a motion to adjourn at 8:35 pm. All voting Aye, motion carried.
Respectfully Submitted,
Chris Spilker, Town Clerk