Town Board Meeting Minutes
 
| December 2008 |

TOWN OF CLYMAN
REGULAR BOARD MEETING
December 8, 2008

Attendees: Mary Kreuziger, Jeff & Jeanne Kreuziger, Bob Tracy, Jr., Bob Tracy, Sr. , Bill Nass, Brad & Caroline Bailey, Tim Huber, Kevin O’Meara, Dave Beattie

The meeting was called to order at 7:05 PM with all board members present. Attorney Roder was also present. The Pledge of Allegiance was said.

Minutes – Motion by Nancy/Chuck to approve the minutes as printed. Motion carried.

ULWR Conditional Use Permits - Nancy indicated that this has all been covered and discussed at the previous meetings. Motion by Nancy to grant the Grease Recycling After the Fact and Conditional Use Permit to United Grease and Tracy Bros., LLC as recommended by the Plan Commission. Seconded by Chuck. Motion carried. Motion by Nancy to grant Badger Biodiesel the same conditional use permit as recommended by the Plan Commission, seconded by Dave. Motion carried. Motion by Nancy to grant to the Commercial Truck Repair Facility conditional use permit as recommended by the Plan Commission. Seconded by Chuck. Motion carried.

Zoning Change Recommendations - Motion by Nancy to authorize Special Counsel Ray Roder to prepare a written decision for the Grease Recycling, Biodiesel Production Facility and Commercial Truck Repair Facility After the Fact Conditional Use Permits, and authorizing the Chair to sign such if he approved of their content and authorizing special counsel to serve the decision and after the fact CUP’s on the applicant’s counsel. Attorney Roder explained that the purpose of this motion was so that in the event this matter ended up in Court, facts would be in written form for the court’s review. Seconded by Chuck. Motion carried. Motion by Nancy/Chuck to direct Special Counsel Ray Roder to prepare the request for the county board to approve the 3 new conditional uses in an Ag Business district and the rezoning of the N2797 Highway 26 parcel - #012-1015-3213-001. Attorney Roder stated he would encourage the County to act quickly. Nancy thought it was best to have Attorney Roder refer this to the county. Seconded by Dave. Motion carried.

Chris questioned Ray Roder about continuing to hold his bills for payment. He indicated that Chris should still hold his bills until he gives her further notice.

Snow plowing contract – Dave explained that this involved East and West Clymet Road. The Town of Emmet is now plowing this due to the fact the half belongs to the Town and half belongs to Emmet. The County and Town of Emmet were plowing the same roads, so the Town was getting billed for both. Motion by Nancy to go with the amended agreement with the Town of Emmet for the 2008 and 2009 winter. Seconded by Chuck. Motion carried.

Posting E Clymet Road as a Class B Highway – This would be from Highway DJ to Highway E. This is to prevent trucks from running on the highway. This would be a year round agreement and would involve about 1.5 miles of roadway. Motion by Dave that we go along with the Town of Emmet to post E. Clymet Road from Highway DJ to Cty. Rd. E as a Class B highway. Seconded by Nancy. Motion carried.

Resolution regarding Board/Committee Attendance, Absences and Removal – Kris explained that Attorney Griggs has reviewed the proposed resolution and made some minor changes to it. She also advised the audience that the reason for this policy was because of Norm Huber’s lack of attendance at the Plan Commission meetings. She also advised that Norm refused to accept the certified letter from the Town regarding his removal from the Plan Commission. Dave read the resolution to the audience. Motion by Nancy/Dave to adopt resolution No. 2008-005 regarding Committee Member Attendance. Motion carried. Kris asked about incorporating this into the Zoning Book so that members are aware of what is expected of them. Jeff Kreuziger asked about appeal board members not attending regular and plan commission meetings and how this would affect them. Nancy felt that the Appeals Board never had much action and there was no need. Mary Kreuziger asked about training that should also be involved. Nancy suggested that a job description be developed and incorporate training into the description. Kris will see what she can find out about a description.

Dave advised that the previous zoning amendments have been passed by the county board.

Quarterly Mileage Rate – Motion by Nancy/Dave to accept the IRS standard mileage rate of $.55 per mile effective January 1, 2009. Motion carried.

Rabies Clinic - Report on the Rabies Clinic given. It was estimated that approximately 30-35 dogs came through. Many good comments were received.

Eagle Road Culvert - Dave advised that the Eagle Road culvert was put in. Caroline Bailey pointed out that the culvert is a smaller size and if there is a problem wanted to know who would incur that cost. She questioned who decided on the size. Dave indicated that the county decided on the size. Dave advised that FEMA is paying is 90% and the State is paying 10% of which the total should be approximately $8800. Chris reported that in addition the Town will be receiving $1600 from FEMA for the June rains.

Reflective Road Signs - Dave reported that we have had people ask about putting reflective material on the stop signs. The only thing we could do would be reflective road signs. Dave reported that it would run $45 a sign. These would cover Hogsback & 26, Wilson and 26, Welsh and 60, and Wellman & 60 road signs. These would not violate any county or state regulations. Discussion held on whether we would need two signs at an intersection. Dave will check on this.

Treasurer’s Report – Chris went through the cash flow statement. Income was reported as $30,337.79, expenses were $27,663.33. Question raised as to the Dodge County Bill for Howard Haase. Dave explained that this involved a field culvert that was washed out with the flooding and which ran into the Rick Cramer property. Ending cash balance is $2,700.66. Discussion held regarding the Dodge County snow plowing contract and the cemetery memorials. Discussion held on the Prideworks statement and quality of work. Motion by Chuck/Nancy to approve the invoices and pay the bills as presented. Motion carried.

Correspondence – Dave went through correspondence received. Dave reported that Tim Huber’s residential split was in error so he is in compliance. Kris reported that she will no longer be posting at the trail and will be putting that posting in the post office.

Citizen Recognition – Kris recognized Bob Tracy Jr. and his wife Mindy on the birth of their twins on November 20.

Next Meeting Date – Caucus will be January 17 at 1:00 with a snow date of January 24. Motion by Nancy/Chuck. Motion carried. Next Regular meeting date will be January 12 at 7:00 PM.

Caroline questioned why citizen comment was taken off. She was advised it was taken off because to unnecessary harassment of board members. She also questioned the bills received from Attorney Roder. Treasurer Chris Spilker advised that if she puts a request in writing Chris will answer her questions and get her the requested information.

Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 8:45 PM.

Respectfully submitted:


Kris Kohlhoff, Clerk

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Archived 2008 Minutes

TOWN OF CLYMAN
Public Hearing Regarding 2009 Budget
December 1, 2008

Attendees: Joe and Judy Hasslinger, Marylee Peterman, Mary Kreuziger, Charlie Zimmerman, Sandy Thoma, Jeff and Jean Kreuziger, Caroline and Brad Bailey

The Town of Clyman Public Hearing regarding the 2009 budget was called to order at 7:00 PM by Chairman Dave Blank with Nancy Schlender, Kris Kohlhoff and Chris Spilker present. Chuck Burkholz was excused due to his father’s illness. The Pledge of Allegiance was said.

Chairman Blank explained the proposed road maintenance budget of $18,362 for 2009. Out of the $81,000 from the State Road Budget, we are making a payment on the Welsh Bridge project of $26,000, and using some of the state monies to pay the snow plowing charges. Questions raised as to the low monies set for maintenance. It was explained that due to the payments that the town has with loan payments and snow plowing, road maintenance will be kept to a minimum this year. Dave also explained that the town would not be seal coating any roads this year.

The resolution to adopt the town tax levy of $131,144, was passed by a vote of 8 ayes, 0 nays, and 2 abstained.

Motion by Joe Hasslinger, seconded by Sandy Thoma to adjourn the public hearing. Motion carried. Meeting adjourned at 7:30 P.M.

TOWN OF CLYMAN
SPECIAL BUDGET MEETING

The Special town meeting to approve the 2009 proposed budget was called to order at 7:30.

Motion by Nancy/Dave to approve the road maintenance budget for 2009. A roll call vote was taken and unanimously carried.

Treasurer Chris Spilker went through the line items in the budget. Discussion was held on the police patrol issue. Chairman Blank advised that he felt a police patrol would curb vandalism in the cemeteries and would also be available to help with accidents patrol. Question was raised as to what the village makes back vs. what is paid out. They were advised that the village makes about $4,000 to $5,000. Question also asked if the police would also be able to issue citations for zoning violations and it was stated that they would be able to issue the citations. Dave expects that this will probably be brought up again at the annual meeting. Questions were raised about the attorney fees, especially Attorney Roder’s fees. It was felt that Roder was not being fair to the Town with everything he was doing and he was not including the town board in discussions. Some felt that the board did not have any input in the CUP conditions. Discussion held on the condition in the CUP of ULWR being able to choose the attorney for the town. Dave explained that this meant that in the event ULWR and the town gets sued over land spreading or issues pertaining to the lagoons, ULWR has the right to choose the attorney to represent the town and ULWR because ULWR would be responsible. Discussion held on the upcoming appeals board meeting. Marylee Peterman felt that the board needs to advise Atty. Roder that the people are not happy with the terms of the CUP. Question was raised as to what was involved with cemetery maintenance. It was explained that it involved fixing the head stones, and possibly extending the gates of Eagle Road.

Motion by Jeff Kreuziger, seconded by Joe Hasslinger to accept the budget as proposed. Motion carried.

Motion by Nancy/Dave to recommend that the 2009 Local Tax Levy be set at $131,144, which equals a mill rate of $.002268731. Motion carried.

Chairman Blank asked for comments regarding snowplowing problems. Dave also indicated that he will speak with Atty. Roder regarding the concerns of the citizens.

Motion by Nancy/Dave to adjourn. Motion carried. Meeting adjourned at 8:45 PM.

Respectfully submitted:

Kris Kohlhoff
Clerk

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TOWN OF CLYMAN
REGULAR BOARD MEETING
November 10, 2008

Attendees: Marylee Peterman, Jeanne Kreuziger, Ann Blank, Charlie Zimmerman, Mike and Sandy Thoma, Marjorie Gahlman, and Brad Bailey.

The meeting was called to order at 7:00 PM by Chairman Dave Blank with all board members present. The Pledge of Allegiance was said.

Minutes – Motion by Nancy/Chuck to accept minutes as printed. Motion carried.

ULWR Update – Dave reported that there was a court hearing on November 6 involving the injunction against ULWR. The hearing was held before Judge Bissonnette who is going to issue a written decision on the hearing in the next four to six weeks. If he rules in the Town’s favor, ULWR will probably appeal. Dave read two paragraphs from a document put together by Attorney Roder concerning municipal sludge and its application to land. Discussion held on this matter. Dave also mentioned a letter dated October 21 from Atty. Roder to Judge Bissonnette regarding his objection to an extension of the briefing schedule requested by ULWR.

Zoning Changes – Kris explained the problems about proposed zoning changes submitted to the County by Jeff Retzlaff. The county had sent back changes that they felt needed to be made before approval could be granted. Jeff Retzlaff made the corrections and then resubmitted them to Dodge County. They were heard by the Dodge County Parks Committee on November 3 and are scheduled to go to the full county board for approval on Wednesday, November 12. Kris questioned the public hearing scheduled by the Plan Commission on the proposed new zoning changes to be held on December 4 and what the language in the notice is to contain since no one has contacted her regarding this. She advised that if this is to be published within the time limits, she will need the information by Wednesday. She inquired if anyone had contacted Jeff Retzlaff and was informed that no one had contacted him. Dave asked if anyone had any additional changes to be made. Kris advised that she received information from General Engineering that the cost to prepare a new conditional use form would be $200. Discussion held as to what should be included on the form.

Plan Commission Member – Dave advised and read the letter that was sent to Norm Huber after the last board meeting when Norm failed to show up for the plan commission meeting. Nancy asked whether there was a job description for this position. Dave will have Pat Morrison call Norm and see what his intentions are. He has missed 4 meetings without contacting anyone. Discussion held on drafting a resolution so that committee members can only miss a set number of meetings without a valid excuse and could be subject to removal from the committee.

Deputy Clerk- Discussion held on the duties of the clerk as it pertains to the Appeals Committee and the Plan Commission. This discussion was because of the fact that during the week of December 1, there are four meetings scheduled which each group feels the clerk should be present. To advise the board what goes into getting ready for a meeting, Kris had prepared an “anatomy of a meeting” which involved a regular plan commission meeting and the work that is involved with the pre and post meeting. Discussion held on the fees that the Plan Commission Clerk and Appeals Committee Clerk are paid and what they should be paid. Dave indicated that in past minutes it states that work involved with committees and boards could be paid at the rate of $10 per hour. It was suggested that the amount of work for the pay be brought up at the budget meeting. Nancy pointed out that the Zoning Administrator is to be the clerk for the appeals board. Dave asked Sandy Thoma if she would be interested in trying to be the clerk for the plan commission at a rate of $10 per hour and she indicated she would try it. Motion by Dave/Nancy to hire Sandy Thoma as the Clerk for the Plan Commission at a rate of $10 per hour. Motion carried. Motion by Nancy/Chuck to have Kris notify Jerry Foellmi that he is to be the recording secretary for the Appeals Board. Motion carried.

Eagle Road Culvert – Dave indicated that he had previously spoken with the county and was advised that they did not have time to install the culvert on Eagle Road, however, since then he has been advised that they would now be able to complete this work.

Rabies Clinic – Nancy spoke with the Gentle Healer Pet Clinic and they will hold the rabies clinic on December 6 from 1 to 3. The snow date will be December 13. Question raised as to how to notify the town residents. It was decided to post it in the usual places, publish it in the papers and Nancy will call the radio stations.

Treasurer’s Report – Chris gave the treasurer’s report. The starting balance was $1,223.24, income received was $1,307, expenses were $2,509.63, leaving a balance of $25.94. Nancy questioned how the town receives money for the fire runs and the State of Wisconsin. Motion by Nancy/Chuck to approve the treasurer’s report and pay the bills as presented. Motion carried.

Line of Credit – Chris advised that she has $24,874 in outstanding bills which includes $12,000 to the County for the snow plowing contract, Times Publishing of 316.18, Attorney Griggs of $2,745 and Scott’s Construction of $10,000. In addition, the Village is owed around $11,000 for the third quarter fire department expenses. She also went through the bills that will be coming up. She would like to get a revolving line of credit for $75,000 to cover these outstanding bills. Chris was asked to check interest rates. Motion by Nancy/Dave to pursue a revolving line of credit not to exceed $75,000 to cover the existing future expenses. Motion carried.

Correspondence – Dave advised that the Department of Transportation is having a meeting for public officials on November 13 at 6:30 at the Village Hall. Motion by Dave/Nancy to have a letter written to Norm Huber, advising him that based on his lack of response regarding the Plan Commission, he will be removed from the Plan Commission and his position will be advertised for replacement. Motion carried. With regard to Tim Huber, Marylee Peterman felt that his approval for the land split was in error because it was over 5 acres. She felt that he would have to use two land splits instead of one because each 3 acres would be considered a split according to section 4.12(b) and (d). Motion by Nancy/Dave to correct the land split for Tim Huber of 5.6 acres. It will require that two development rights be taken off his parcel tract per section 4.12(b) and 4.12(d), requiring recording on his CSM as stated. A letter will be sent to Tim to show the correction. Motion carried.

Motion by Dave/Chuck to have General Engineering revise the CUP applications by the next planning commission meeting at a cost of $200. Motion carried.

Dave reported that Bill Nass from the Town of Emmet had called him regarding snow plowing shared with the Town of Emmet pertaining to East Clymet Road off Highway M and the Schuett driveway. Dave questioned why the Town is paying them to plow one of the Town of Emmet driveways. Dave will check further on this and also what the county would charge the town to plow that section. He will bring this back to the December meeting.

Citizen Recognition – The Town election workers were recognized for the great job they did on election day. Irene Kohlhoff was recognized for her article in the Inspire magazine. Marylee Peterman and Charlie Zimmerman were publicly thanked by Chuck Burkholz for their help to him.

Next meeting dates: The joint meeting with the Village regarding the Fire Department and First Responder Budgets will be November 13, the public hearing for the town budget will be December 1 at 7:00, and the regular town board meeting will be December 8.

Motion by Chuck/Nancy to adjourn. Motion carried. Meeting adjourned 9:13 PM.

Respectfully submitted,

Kris Kohlhoff
Clerk

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TOWN OF CLYMAN
SPECIAL BOARD MEETING
OCTOBER 20, 2008

All board members were present.

Attendees: Attorney Ray Roder; Caroline Bailey

Chairman Blank called the meeting to order at 6:03 PM.

Motion by Nancy/Chuck to convene into closed session. Motion carried.

Meeting convened into closed session.

Motion by Nancy/Chuck to reconvene into open session. Motion carried. Meeting reconvened into open session.

Motion by Nancy/Chuck to approve instructions given to counsel on how to proceed with a settlement overture from ULWR. Roll call vote taken. Motion carried unanimously.

Motion by Dave/Nancy to close the special meeting. Motion carried. Meeting adjourned 7:30 P.M

TOWN OF CLYMAN BUDGET MEETING

The meeting was called to order at 7:30 PM by Chairman Dave Blank with all board members present.

Attendees: Jeff Kreuziger, Carolyn Bailey, Rick Remington

After discussion, an agreement was reached with the 2009 tentative budget being $246,923. Motion by Nancy/Chuck to accept the preliminary budget with the exception of the Fire Department and First Responders whose budgets will be considered at a joint meeting. Motion carried.

The tentative date for the joint meeting will be November 13 at 6:30 PM with the Town Budget Meeting scheduled for December 1, at 7:00 PM. Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 9:10 PM.

Respectfully submitted:

Kris Kohlhoff
Clerk

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TOWN OF CLYMAN
REGULAR MONTHLY MEETING
October 13, 2008

Attendees: Marylee Peterman, Tim Huber, Rick Remington, Sandy and Mike Thoma, Charlie Zimmerman, Marjorie Gahlman, Brad Bailey

All board members present.

The meeting was called to order at 7:00 by Chairman Dave Blank and the Pledge of Allegiance was said.

Minutes – Nancy questioned if the Town was planning on doing a dumpster day or just a tire collection. Dave indicated that both had been discussed. Motion by Nancy/Chuck to approve the minutes as printed. Motion carried.

Pinter Land Split – Dave indicated that he had asked the Pinters to clean up the old cars from the site and they have gotten rid of a lot of them. The Plan Commission has approved this split. Motion by Nancy/Chuck to accept the application for the land split of Jenee Pinter and Clint Miller on the John Pinter property. Motion carried.

Tim Huber Land Split – Nancy questioned if this was approved by the Plan Commission. The Plan Commission approved the residential split and Tim indicated that Dodge County has approved the split. Tim is requesting 5.6 acres be split off for the residence for financial purposes. Motion by Nancy/Dave to accept the land division for Tim Huber of 5.6 approximate acres. Motion carried. Tim pointed out that on December 9, 2002, he was given permission by the town board to build a house and start a business and had until 2005 to build the residence. Tim was advised to take a copy of the minutes back to the Plan Commission to show that he was given approval for the business. Dave recommended that Tim still get a Conditional Use Permit to avoid any future problems.

ULWR – Kris read the email she received from Atty. Roder regarding a possible misunderstanding she along with several other people had concerning the CUP granted for the lagoons. If ULWR accepts the CUP and the board agrees to it, then each time ULWR would want to get a spreading permit, ULWR would request to amend the CUP. This amendment would still require a public hearing. Charlie Zimmerman pointed out that the omnibus CUP would cover all the parcels that are currently approved and if they added a new site, they would have to amend the CUP and a public hearing would have to occur. Chuck Burkholz asked what makes the former Doherty, Stanton and Quest properties different. Dave explained that these properties have not been spread on before May, 2004 and therefore were not grandfathered.

There was also a note from Ken Denow regarding properties ULWR wants to spread on. Discussion held as to how to read the DNR numbers.

Plan Commission Members – Pat asked Dave to bring before the regular board the fact that Norm Huber has not appeared nor called concerning his attendance at the plan commission meetings. Discussion on this matter. It was suggested that a certified letter be sent to him requesting what his plans are, giving 10 days to respond. Check into the possibility of drafting a resolution that if anyone serves on a board, they can only miss a certain number of meetings without due cause.

Rabies Clinic and Dumpster Day – Nancy gave a brief report on the previous rabies clinic. She contacted Gentle Healer and they said they were interested in sponsoring another clinic. The Gentle Healer clinic will be available to give shots on December 6 with a snow day of December 13. Rabies will be offered for $12. Kris mentioned that Santa will be at the village hall from 10 to noon on December 6. Nancy will check if Gentle Healer could come from Noon to 2 to do the rabies clinic. Chris Spilker indicated that the last time we had dumpster day, the dumpster cost $499.60 plus the cost of the postage for mailing out the post cards. Question raised if we had enough people use it to justify the cost. The general consensus was that with our shortage of money, we shouldn’t do the dumpster day. Motion by Chuck/Nancy that we forget about the dumpster day for this year and check into it again for next year. Motion carried.

Humane Society Contract – Kris explained that the Humane Society Contract would be on an on-call basis. Dave indicated that he currently does this service for the town for $250 and indicated that he doesn’t have a problem with continuing to do it. Motion by Nancy/Chuck to allow Dave to continuing being the animal control officer. Motion carried with Dave abstaining from voting.

Treasurer’s report – Chris went through the October cash flows. We had a total cash income of $105,252.97. We received the check from Union Pacific Railroad to cover the Welsh Bridge. Expenses were $107,050.89. Our beginning balance was $3,018.33, leaving a balance of $1,223.24. Nancy would like Jerry Foellmi to give more detail on his statement with regard to time spent. Chris will call and ask him about this. Nancy also questioned if their company was working on violation issues involving building in the town. Dave advised that they are working on these issues. Motion by Nancy/Dave to approve the invoices and pay bills. Motion carried.

Correspondence – Dave went through the correspondence received.

Citizen Recognition – Chris recognized Joel Kreuziger for his participation in the Chicago Marathon running for Team McGraw, running 26.2 miles. She also mentioned that Dave Blank and Marty Pint went to Dodgeland and St. Johns schools for fire prevention week to talk to the kindergarten children. Dave explained how they teach the children.

Next meeting date will be October 20, at 6:00 for budget purposes.

Motion by Nancy/Chuck to adjourn. Meeting adjourned at 8:30 PM.

Respectfully submitted:


Kris Kohlhoff
Clerk

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TOWN OF CLYMAN MONTHLY MEETING
September 18, 2008

Attendees: Marylee Peterman, Margaret Johannson, Chuck Joyce, Mike McLay, Jeff Retzlaff, Marjorie Gahlman, Jeanne Kreuziger, Dave Beattie, Kevin O’Meara, Rick Remmington

The public hearing was called to order at 7:02 PM by Chairman Dave Blank with Nancy, Chuck, Chris and Kris present.

Jeff Retzlaff, Zoning and Planning advisor to the town, went over the amendments to be made to the Zoning Ordinance. Eight amendments are proposed. The first amendment concerns 3.5(1)(c) regarding the roof pitch to a single dwelling building. Elimination of the pitch requirement is recommended by the Plan Commission. Mike McLay explained the reason for this. Second amendment is to 10.4 concerning temporary signs without a permit which would allow religious, charitable, public and not for profit organizations to place a temporary sign advertising their sponsoring events. Discussion held on the not-for-profit organizations. Section 12.4 concerning public hearings is just correcting an error. Amendment 4 concerning Section 13.2 corrects an incorrect reference to a statute reference. Amendment 5 concerns the membership requirements for the PC and Board of Appeals. This clarifies the town’s intent that potential members have the opportunity to express their interest in serving on committees and to change all the “should” to “shall.” So that all vacancies are advertised. Amendment 6 is to Section 15.2 concerning that the Board of Appeals shall consist of two alternate members consistent with state statutes. Amendment 7, 15.5 is amended to read as follows: and/or the Town Board. Such appeals shall be filed… Amendment No. 8 concerning public hearings shall state that hearings shall be held within 60 days after receiving an appeal application….Also requiring mandatory appearance by the appellant. Mike explained that mandatory appearance requirement of the appellant was taken out of the ZO. Discussion on this issue. Chuck Joyce asked what happened to the ZO whereby the TC, PC and AC all three would have input in decisions. He said that the TC would receive the applications and the 3 would then make the decision of who is to serve. The ZO says that the Town Chairman shall make the decision with confirmation of the town board. Chuck explained his reasoning for wanting all chairman involved. He felt that this would lend to a more educated decision in making decisions about who is to serve on the board. Jeff did not feel that if only one applicant is received, that person would not necessarily automatically be appointed. Discussion held on this issue. Nancy felt that until the next round of amendments, would it be possible to just do it this way for the time being. Jeff stated that his recommendation is that the Town Chairman has the right to appoint to the boards under state statute. Jeff asked if they wanted to make the change. Dave suggested that the Chairmans take a look at the applications and all give input. Mike asked whether someone sitting on the PC could also sit on the Appeals Board. Jeff said that this would not be appropriate. This will be placed on next year’s amendments but for the time being, all chairmans will be consulted regarding appointments. Motion by Nancy/Chuck that the public hearing be closed. Motion carried.

General meeting called to order at 7:53 Pledge of allegiance said. Marylee Peterman pointed out that it was the Damrow children, not boys. Motion by Nancy/Chuck to accept the minutes as presented.

Bob Rogers and Michelle Brokaw and Lalitha Balachandran of the Dept. of Transportation gave a presentation on the Highway 26 project. There will be a formal presentation for the public on this project at Watertown High School on November 11, 2008.

CZO Amendments – Jeff explained that if a motion is made he can take it to the county and draft a resolution to be presented by the Town representative and County Board. Motion by Chuck/Dave to approve the changes as recommended by the PC. Roll call vote taken with unanimous agreement. Motion by Chuck/Nancy to adopt Ordinance No. 2008-006 to approve the ZO. Motion carried.

ULWR- Dave reported that the hearing scheduled for today turned into a phone conference so that no one had to appear. Dave was not sure how it turned out.

With regard to the spreading permit for the former Doherty property, there can be no discussion on this matter because of the lack of a quorum as Dave and Nancy were advised not to discuss it by their counsel.

Direction for Attorney Roder – Dave went through the Stipulation amending some WPDES terms and read the order from the Administrative law Judge. Motion by Nancy/ Chuck to accept the Admin. Law Judge Order and accept Atty. Tutwiler’s amendments and Attorney Roder finds no objection to them on his advisement. Motion carried.

Extension of Culvert on Junction Road for former Steffen property. Dave advised that Randy Roessler that he needs to extend the culvert that he put in and to put the ditch back the way it was. Motion by Chuck to go with Dave’s recommendation to extend the driveway south of the buildings and to remove the culvert that he currently has in the ditch and to clean the ditch up to the way it was. Seconded by Nancy. Motion carried.

Resolution for officials reimbursement. Kris explained the need for this resolution and the fact that the odometer reading does not have to be listed. She advised that she drafted the resolution and had Attorney Griggs review same. Motion by Dave/Nancy to approve the resolution as presented. Motion carried.

Chris went through the treasurer’s report. She explained that we are paying Attorney Roder just a portion of his statement due to our lack of funds. We had expenses of Motion by Dave/Nancy to accept the treasurer’s report as read. Motion by Chuck/Nancy to approve invoices and pay bills as presented.

Dave advised that the culvert on Eagle Road has been turned into FEMA and the town will only be responsible for $1000. The culvert will cost $8,000. The next dumpster day will be November 1 and tires will be taken also at that time. Discussion held on holding a rabies clinic at that time also.

Marylee reported that the Damrow and Remmington children did well showing their animals at the fair.
Jeanne Kreuziger reported that Joel will be running the Chicago Marathon.

Next meeting date will be October 13.

Margaret brought up about the repair job on her road and Chuck brought up the poor job that was done on his road.

Motion by Dave/Nancy to adjourn. Motion carried. Meeting adjourned at 10:07 PM.

Respectfully submitted:


Kris Kohlhoff
Clerk

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TOWN OF CLYMAN
REGULAR BOARD MEETING
August 11, 2008 – 7:00 PM
Attendees: Marty Sell of MSA, Marjorie Gahlman, Charlie Zimmerman, Marty Pint, Eric Howlett, Mary Kreuziger, Marylee Peterman, Jeanne Kreuziger, John & Sherry Haase, Pat and Anne Morrison, Brad Bailey, Rick Remmington, Tim Huber, Caroline Bailey.

The meeting was called to order at 7:03 PM by Chairman Dave Blank with all board members present.

Minutes from the previous meeting had been provided to the board members. Motion by Nancy/Chuck to accept the minutes as written. Motion carried.

Eric Howlett Land Split – Eric Howlett explained to the board that he would like to split off 3 acres on his parcel where his house sits for residential purposes. The requested split had been presented to the Plan Commission and they recommended approval to the Town Board. Chuck Burkholz questioned about why the 4 names appeared on the application and was advised that these names are the adjoining land owners who are to be notified of the hearing. Motion by Nancy/Chuck to accept the recommendation of the Plan Commission to approve the land split as presented. Motion carried.

Feasibility Study – Marty Sell of MSA Professional Services gave a presentation on the feasibility of putting on an addition on the north side of the fire department/town meeting building. He advised that after looking at the existing building, his company did a code study on it. He talked to Dan Prunuske to find out about the water lines. He indicated they did a general overview of what some of the problems and conditions will be. He also presented a drawing of what he would recommend with regard to the addition. The addition 25% larger than the existing building. He indicated that to have windows in the addition we would need to stay 5 feet from the property line. He recommended demolishing , if possible, the old fire station which is now a pump house. If we combine the parcels, the state code says we would have to draw an imaginery line between them or build a 4 hour fire wall with the addition which would be expensive. Because of the size of the addition, another exit would be needed which most likely would be on the east side of the building. He thinks an addition is feasible and probably economical. No matter what is done, the property lines will need to be adjusted. Nancy Schlender asked if he was talking about redeeding. Marty said that the village may have to deed over about 10 feet. Dave Blank asked about adding on another bay for the fire department. Marty indicated that to do a same size addition as the other bays could cause a problem. He stated that they could build a 35 foot bay instead. Kris Kohlhoff asked about making the storage area bigger since what was being proposed is no bigger than the current storage which is inadequate and recommended moving the proposed kitchen area to accomplish this. She also asked about fire proofing. He indicated that the vault should be made fire proof with at least a 3 hour fire wall. Chris Spilker asked about whether a committee had been formed regarding this matter. John Haase stated that there is a committee that has been formed. Questions were raised as to the office sizes. Chris asked about a dollar amount. Marty indicated that it is probably somewhere between $100,000 and $200,000. Nancy Schlender asked about running into any unforeseen state requirements. He indicated that he is more concerned with the foundation concerns vs. state requirements. Mary Kreuziger asked about tearing the old fire station down. It was explained that there is a well housed in that building along with the computer components for the village pumping stations. If the well portion was left, it could be classified as an accessory building. Pat Morrison questioned if the land was assessed. Discussion held on splitting the utilities. Questions raised as to what would happen with the mezzanine in the current building that is presented used by the fire department. John Haase indicated that they would use it as storage. The original blueprints showed that the town and village jointly own 20 feet from the building, the village owns beyond that. John stated that basically the only thing that would be gained would be the offices, shower and kitchen. Discussion held on making the land all town ownership. The entire building needs to sit on one piece of property. Pat Morrison felt that we need to have the property appraised. Discussion also held on the growth factor of the fire department and the building needs they foresee. John felt that they would still be conflicting with meeting nights and they probably would eventually run out of room. Discussion held on the conflicting meeting nights. Discussion held on the fire department and first responders applying for grants. The question was continually raised about what are the needs of the FD? Marty expressed that going for a grant simply for the building would be difficult. John recommended talking to Village Utility Superintendent Tim Dornfeld first and then proceeding to the village. Chuck Burkholz raised the question about merging with the village. Pat Morrison feels that this expansion is an expensive way to add showers and offices. He feels that we should get a plan together first and then take a look at the future.

Clyman Zoning Amendments – Dave went over the amendments as proposed by the Plan Commission. According to the Zoning Ordinances, a public hearing will need to be held before these changes can be made official. A public hearing will be held on September 18 at 7:00 with the regular monthly meeting to immediately follow.

EMS Report – EMS Coordinator Marty Pint had nothing to report. He indicated that 4 first responders will be stationed at the fair. John Haase advised that the fire department will be there from 1-5 on Friday.

Cemetery Ordinance – Dave read the ordinance as proposed. Kris stated that she added that sunset and sunrise shall be as determined by the National Weather Service. The ordinance sets forth that no one shall be allowed in town cemeteries from sunset to sunrise and those caught in the cemeteries between such times shall be subject to a $1,000 fine. Questions raised as to how to enforce this ordinance. Marylee Peterman advised that according to an article in the paper, the Town of Clyman will be getting extra patrols from the Sheriff Department due to grant monies. Motion by Chuck/Nancy to approve the ordinance as presented. Motion carried.

Steve Lepple Request for Culvert – Steve Lepple is requesting to put a culvert on Sun Road. Dave explained the need for the culvert. Motion by Dave/Chuck to approve the request by Steve Lepple to put a culvert on Sun Road. Motion carried.

Town Minutes being prepared – Dave explained that he has checked with the Town Association as to when minutes have to be prepared. He read a response from Town Association Legal Counsel Lee Turonie, who advised that the minutes can be prepared as the town board directs. Caroline Bailey voiced her opinion that the board was not following statutes. Discussion ensued. Based on the advice of Mr. Turonie, Dave read Resolution No. 2008-002, which states in essence that all Town of Clyman minutes for the town board and all committee shall be prepared prior to the next meeting of the board or committee. Motion by Chuck to follow what Assistant Legal Counsel Lee Turonie says which is that the minutes shall be prepared as directed by the Town Board which is prior to the next meeting. Roll Call vote taken. All voted unanimously in favor of Resolution No. 2008-002. Motion carried.

Treasurer’s Report – Chris went through the treasurer’s report. Question was raised as to the Town of Shields bill regarding tires. Discussion on this issue. Dave explained that the town will try to collect tires with the Town of Shields on a regular basis. Discussion held on the Welsh Bridge Payment. Kris explained that the county would like us to waive the administration fee. Discussion held on the type of copy paper that we use. Motion by Nancy/Chuck to approve the treasurer’s report and pay the bills as presented. Motion carried.

Cemetery CD – Chris advised that the cemetery CD is due. The amount of the CD is $1600. She reported that she received the interest check in the amount of $80.22. She mentioned that this CD is supposed to be used for cemetery repair however, when the Eagle Road cemetery had damage, we did not use the CD monies. If we choose to roll it over the rate would be 2.45% APY for a 12 month CD. Nancy questioned if all the repairs had been made in Eagle Cemetery. Dave stated that there are still repairs that have to be made. Discussion held on this matter. Dave will check if further work needs to be done for the cemetery. Motion by Nancy to keep it under the cemetery CD to be used for continued repair of the cemetery. Chuck questioned about the damage that has happened in the cemetery. Discussion held on who owns some of the cemeteries in the area. Dave indicated that he will look into this further. Nancy rescinded her motion after discussion. Motion by Dave that if no further work was going to be done in the cemeteries this year, that the CD be rolled over and then we will make the CD coincide with the cemetery repairs next year. Discussion held on the gates installed at Eagle Cemetery. Seconded by Nancy. Motion carried.

Correspondence – Dave went through the correspondence received.

Next Meeting Date – Due to the Labor Day Holiday, election and unavailability of the Town Chairman, the next meeting date will be Thursday, September 18 at 7:00 beginning with a public hearing regarding the Zoning Ordinances. The regular meeting will immediately follow.

Mary Kreuziger asked about the $250 paid that was paid to MSA Professional Services for the feasibility study and was advised that per the contract with MSA, the total amount would not exceed $1,000.

Public Comment - Dave advised that public comment was taken off the agenda. If someone wants something put on the agenda, they should contact a board member and it will be determined by the Town Chairman whether to add the item to the agenda.

Outstanding Town Citizens - Marylee Peterman reported that the Damrow boys were featured on TV regarding their showing of cattle.

Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned 9:45.

Respectfully Submitted:

Kris Kohlhoff
Clerk

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TOWN OF CLYMAN
REGULAR BOARD MEETING
July 21, 2008
7:00 pm

Attendees: Marylee Peterman; Mary Kreuziger; Marjorie Gahlman; Charlie Zimmerman and Marty Sell, Caroline Bailey, Brad Bailey and Rick Remington, Jeff Kreuziger

The meeting was called to order at 7:00 PM by Chairman Dave Blank with all board members present.

Minutes – Motion by Nancy/Chuck to approve the minutes of the previous meetings. Motion carried.

ULWR – Discussion was held on the recent correspondence received regarding ULWR not providing documents requested by Attorney Roder. Due to the law suit issues, no other action was taken regarding ULWR.

Welsh Road Repair & Weight Limit Ordinance – Kris advised that she has not heard anything from Attorney Griggs regarding the Jenders/Welsh Road matter. She also advised that she has received a copy of the weight limit ordinance from the Town of Oak Grove which was much less restrictive than the one that we had originally proposed. Dave read the ordinance from Oak Grove. Discussion on this matter. Motion by Chuck/Nancy to table the Road Weight Ordinance until the October meeting. Chuck will check with other communities to see if they have road weight ordinances.

Cemetery Ordinance – Motion by Chuck/Nancy to table until the August meeting. Motion carried.

Operator’s Licenses: Nancy reported that three new applications were received for Barbara Klingbeil; Debora Setzke and Calon Schreiber. Question was asked how the background checks were done. Kris reported that she checks the Circuit Court Automation Process (CCAP) to see if anything is on the court system and would then advise if anything was found. Motion by Dave/Nancy to approve the operators licenses as presented. Motion carried.

Phone Line for Town Chairman – Treasurer, Chris Spilker explained that the reason this came up was because of Chairman Blank going over on his free minutes during the recent flooding issues. She advised that this phone line could also be used by the treasurer during tax time. Chairman Blank advised that he has not been charging the town for phone calls on his personal cell phone. Discussion held on this issue. The cost for 450 minutes is $39.99 and the cost for 900 minutes is $59.99. Dave indicated that he is absorbing this cost now. It was decided to bring this up at the budget hearing.

Internet for Treasurer - It was pointed out that it was previously approved to pay the treasurer one-half of the cost incurred for her internet services (this had been approved at the May 14, 2007 meeting). Chris indicated that she has satellite internet and her cost is $63 per month. Since this was previously approved, Chris will be reimbursed for ½ of her internet charges based on $63 per month.

Mileage – Kris reported that the federal mileage rate had increased to $.585 as of July 1, 2008. It had previously been approved by the Board to review the mileage rate quarterly if necessary to keep up with the federal rate being paid. Discussion also held on paying board members for mileage they incur while traveling within the town limits. Discussion on this issue. Motion by Nancy/Chuck to adjust the mileage rate reimbursement to $.585 and to approve being paid for in-town mileage. Reports to claim mileage should include the mileage starting point, odometer reading when starting and ending, reason for trip, and date of mileage. Motion carried.

Smart Growth – Kris advised that the Plan Commission indicated that it is now up to the Board to decide how to proceed on this issue. After reviewing the budget, it was determined that there is no money in the budget this year for that purpose. This matter will be postponed to discuss at the budget meetings.

Treasurer’s report – Chris gave the Treasurer’s report – income received was $48,399.69. Expenses were $51,969.09, with an ending balance is $701.76. Kris reported that a check will be coming from the Village in the next week for the Fire Truck payment in the amount of $7,061.20. This amount was arrived at by crediting what the Town owed to the Village for the second quarter reimbursement and the Village paying the difference to the Town on what the Village owed for the fire truck. Chris also reported that she received the money from the FEMA aid for the snowplowing in February in the amount of just under $1800. Motion by Nancy/Chuck to approve the treasurer’s report and pay bills as presented. Motion carried.

Correspondence – Dave went over the correspondence received. Dave also reported that on Tuesday, July 22, 2008, there is a meeting regarding applying for FEMA funds concerning the flooding. Dave indicated that he is going to claim his mileage incurred as a result of the flooding on the FEMA claim. He also advised where there was damage that the town will be trying claim with FEMA.

Citizen Comment – Marylee Peterman advised that she went to see Jeff Fitzgerald and questioned him about wastewater treatment fees. Marylee also thinks that the minutes of when the Town Hall was built should be sent to the village so that they are aware that the town is not the enemy. Discussion held on mutual aid with other communities. Charlie pointed out that the county is getting lax on their thistle cutting. Discussion held on this issue. Mary Kreuziger pointed out that at a previous meeting the Fire Department members upstairs from the meeting were extremely loud causing a disruption for the meeting members below. Dave indicated that he will bring this up at the next Fire Department meeting . Caroline asked Chuck if he could really vote fairly regarding ULWR given the comments that he had made about ULWR with regard to their recent spreading on the former Doherty and Stanton farms without a conditional use permit. Chuck indicated that this will be difficult for him. He will have to examine the law. He took it very personally that ULWR spread twice on land that surrounded his property. He felt that it was done deliberately to him and that ULWR is trying to run over him and they don’t care if they do. He feels that ULWR has put him in a bad position. He indicated that he is really angry. Caroline also brought up about the minutes not being done within 5 days. Chris spoke up and said that given the amount of work the clerk has to do, the board should really look at hiring a clerk to work in a regular part-time position with established hours. Marylee Peterman pointed out that the Board members didn’t realize the amount work that they were getting into and felt that they do a good job. Kris said she does the best she can.

Next Meeting Date: August 11, 2008 at 7:00.

Dave introduced Martin Sell and advised that he is working with Mr. Sell about doing a feasibility study on the Town Hall expansion. Mr. Sell estimates that the study will cost $1,000 and that he could have it done by August 11. Mr. Sell also indicated that the pipes from the well seem to extend out to the street.

Motion by Nancy/Dave to adjourn. Motion carried. Meeting adjourned 8:40 PM

Respectfully submitted

Kris Kohlhoff
Clerk

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TOWN OF CLYMAN
Special Board Meeting
June 19, 2008 – 5:30 PM
Clyman Town Hall

The Town of Clyman Special Board meeting was called to order by Chairman Dave Blank at 5:30 PM with Supervisors Nancy Schlender and Chuck Burkholz present.

The purpose of the special meeting was to discuss what action to take regarding United Liquid Waste spreading on the former Stanton and Doherty properties without obtaining a conditional use permit from the town. Discussion was held on this issue.

Motion by Dave/Chuck to file an injunction against ULWR for illegal spreading on their farms (formerly known as the Doherty and Stanton farms) and to instruct Attorney Roder to proceed on filing those actions. Motion carried. Dave will so advise Attorney Roder.

Motion by Dave/Chuck to adjourn. Motion carried. Meeting adjourned at 5:52 PM.

Respectfully submitted:


Kris Kohlhoff
Clerk

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VILLAGE AND TOWN OF CLYMAN
Special Board Meeting
June 16, 2008 – 6:30 PM
Clyman Lions Hall

The meeting was called to order at 6:37 PM with all members of both boards present – Village President Jeff Wagner, Laurel Finger, Randy Roberts, Ed Wolff, III and Lorrie Hartman for the Village and Town Chairman Dave Blank, Supervisors Nancy Schlender and Chuck Burkholz present for the Town. In addition 31 citizens were present.

Dave gave a synopsis of how the town felt the Fire Department building could be utilized. Jeff advised that the Village Board felt that the building and land should be used just for the Fire Department and that the Town Board should have to find another space to hold their meetings.

Fire Chief John Haase explained how the Fire Department feels. He felt that they needed a place to clean up instead of taking the contaminated items home. He also felt they would like a kitchenette and lockers as well as showers. He explained that each person should have a change of clothes that is kept at the station so that contaminated items are not taken home to their families. He explained that the town previously hired an architect who did a design as to what they could do with the building. The cost of remodeling at that time was approximately $100 - $115 per square foot. It is limited as to what can be done with the present building. John stated that the present situation is a fire hazard – only one way in and one way out. He did not get any solid figures because he was unsure of what would be happening. Question was asked about how crowded they are now and how much space this will give them.

Bob White expressed about building a new facility at the edge of town. John stated that they may outgrow the present facility in either 5 or 10 years or longer. John explained that the option of adding another bay was explored years ago.

Pat Morrison expressed concerns about a potential subdivision coming in and changing the structure of the fire department. John Haase explained that he expects the growth of the town to be greater than the village. He indicated that he has again been contacted by the Town of Emmet to take on their area. Question was asked about the number of calls they receive – John said they are about the same as previous years but EMS calls are going up. Question was asked about adding on to both sides of the building. Jeff Wagner said that this has been explored. Question asked about the Fire Department meeting downstairs and John explained that the Fire Department meetings conflicted with the town meetings so they moved their meetings upstairs.

CITIZEN COMMENTS

It was explained that citizen comments would be limited to two minutes and will pertain strictly to the Fire Department issues. Jeff read a letter received from Douglas J. Hartman expressing his views opposing the Town remaining in the building if the building is remodeled.

Mary Lee Peterman – Expressed concern about considering all the costs – She doesn’t feel that the two townships should get into wars.

Pat Morrison – Pat feels that this needs to be about what both communities need and how the fire department can meet those needs. He felt that we need to keep the posturing down and look at possibilities as to how we can solve this. Jeff explained that the village felt that the building should be used just for the Fire Department. Pat felt that we need a plan from the Fire Department and need to look at what they need. Dave proposed that if the Village would donate the land the town would pay for the entire remodeling project. Dave estimated the remodeling to be $300,000 to $350,000.

Marv Molg – He doesn’t want to see a dime of village money going into a town hall. He felt they should build a town hall in the town. He explained that the bills for that building come in through the fire department. It was explained to the audience that at the time the building was built, the township funded the room that they use even though it is part of the fire station. Nancy mentioned about the village annexing land from the town without asking permission from the town. Jeff Wagner explained that the Village was approached by the developer about annexing the land to the village, the village did not go after this land.

Bob White – Expressed concern about the land being land locked. He felt that a new building should be built that can accommodate the needs of the department. He felt this would benefit everyone.

Nancy felt that we should hear from the Fire Department as to their wishes. John Haase explained that their initial goal is to add on and to have their meetings on the first floor to accommodate ADA requirements. They would like to maintain the upstairs as a storage area. John indicated that they are overcrowded now. Pat Morrison asked about how many more people need to be served before they have to add another truck. John stated that in the last 10 years, the Fire Department membership has doubled which started this ball rolling.

Question was asked about who decides to take on Emmet. John said the Boards decide this along with the department. Randy Key explained about Seneca letting the Fire Department members go on accidents runs at the present time but if Emmet is taken on, they may not continue to do so because the area would be growing too much. Seneca does pay the members now when they leave work to go on emergency runs. Randy Roberts felt that taking on Emmet would not give Emmet any better service than staying with Watertown.

Jeff explained how the payment structure is done with the bills based on the equalized value of the municipalities. That currently stands at a 24/76 percentage. Buildings would be at 50/50 and right now the village is not in a position to take on any additional building. The Village is trying to hold their tax rate down. Caroline Bailey explained that the town feels the same way. Dave indicated that the town would pay for the building if the village would donate the land.

Pat Morrison indicated that there needs to be a plan. John Haase was asked if the current design presented would meet their needs. If there was not another meeting scheduled on the nights of their meetings, it would meet their needs.

After discussion, the village board felt that it would be in the best interests of the Village to donate the land requested provided there are no additional costs to the village. There would be nothing paid out of the village pocket. All village setbacks would have to be adhered to. Question was raised as to maintenence of the building. Marty suggested that before anything is done, they need to check into what this is going to cost because this building has to be brought back to code if something is done to it. Question was raised as to the contribution rates and if this will be looked into. It was stated that with the increased efficiency, this may not change much.

The town will get someone to look into the feasibility of drawing up a plan to see what the costs would be. Question was raised about whether the town would be tax exempt if they would build on village property.

Amy Nehls commented that the residents need to keep in mind that their Fire Department is the communities’ greatest asset and we need to work with them as to what they want and need.

Meeting adjourned at 8:00 PM.

Respectfully submitted:


Kris Kohlhoff

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TOWN OF CLYMAN
REGULAR BOARD MEETING
JUNE 9, 2008

Attendees: Marylee Peterman, Neal Setz of Prideworks, Margaret Johannson, Sherry Haase, Jeff & Jean Kreuziger, John Haase, Mary Kreuziger, Eric Howlett, Marjorie Gahlman, Charlie Zimmerman, Joe and Judy Hasslinger, Marilyn Schultz, and Randy Nehls

The meeting was called to order at 7:00 PM by Chairman Dave Blank with all board members present.

Minutes of the Previous Meeting – The following corrections were pointed out: Under ULWR, the WPDES permit should be changed to DOJ Suit and the violations amount should be $150,000. With corrections noted, motion by Nancy/Chuck to approve the minutes as presented. Motion carried.

Road Cutting Contract – Neal Setz appeared on behalf of Prideworks. Dave questioned the $225 added for additional fuel costs. Neal indicated that the fuel surcharge will stay the same unless fuel goes up beyond $6.50/gallon. Neal pointed out that fuel has increased over the years. He advised that the town not only gets grass cutting but he also pushes the brush back along the roads. He indicated that no other cutter will do that. He expressed that there is now 10-15 feet of opening on the roads. He indicated that other communities accept his price because of what he is doing with the brush. He indicated that he tries to keep hours and that he operates the machine 100% of the time. He stated that he has changed his machine so that it does work better. He advised that he felt to rent just the machine alone would be $3900, without insurance, etc. He said that if the town owned their own equipment it would be responsible for damage to the machine. Dave brought up that Neal on behalf of Prideworks agreed to a 5 year contract. Neal was questioned if he was going to change his fuel surcharge next year. He indicated that it will depend on what fuel prices do. He doesn’t want to raise the cost. Jeff Kreuziger stated that he felt that Neal does a good job. Marylee Peterman also agreed that he does a good job. Dave indicated that it is costing the town approximately $153 per mile for approximately 64 miles (32 miles each cutting). Dave talked to another individual about cutting and that person gets $75 per hour but he just cuts grass. Dave stated that we did not have that much brushing this year. Dave asked if he could cut back on the brushing and leave the price as is. Neal indicated that he could do that. Nancy asked about advising him which roads to brush. Neal stated that then this would be a different price because now he was being instructed by the town. Neal indicated that the first cutting was 55 hours and the second time was 44.5. The next time it was 55 hours and 59 hours. He tries for an total average of 80 hours for both cuttings. Discussion on this issue. Nancy indicated that the citizens are basically satisfied and her concern is the liability if someone else does it. Neal indicated that he will waive the fuel costs for this year. Motion by Nancy/Chuck that we request Mr. Setz of Prideworks to waive the $225 fuel cost (per cutting) for 2008 and that the town continue to utilize his services. Motion carried .

Flood Information. Dave indicated that he has empty sand bags if anyone needs them. Any damages done to personal property should be reported to Town officials. Dave reported that he has closed Eagle Road. Dave asked that citizens report to him about any road conditions.

Insurance Proposal – Dave stated that he did not get a chance to call the agent. Dave asked if the board had any objections of staying with them. Kris pointed out that in light of the law suits, it might be best to stay with Rural Insurance. Motion by Nancy/Chuck to stay with Rural Insurance for another year. Motion carried.

Fire Truck – Dave explained that the cost of the truck alone was $27,302. The skid unit for the truck was $15,066. The lighting unit was $13,376 bringing the total amount to $13,000 over budget. Fire Chief John Haase understood that the lighting unit was to be included with the skid unit and did not realize that this was a separate billing. Treasurer Chris Spilker explained that the CD that the Fire Department currently has is $26,044.23. Dave indicated that the CD’s are to be used for the next truck. Nancy suggested borrowing from the CD’s and then paying the CD’s back. Eric Howlett pointed out that Fire Department has very limited resources that they can work with for equipment and that service provided should be looked at also. John was advised that he should hold his budget down for the rest of the year. Motion by Nancy/Chuck that the CD monies of $26,044.23 be used to pay toward the balance outstanding on the truck and that the balance owing be paid by the Fire Department. The monies will be paid back with the Fire Department 2009 budget. Motion carried.

Welsh Road Repair near Jenders Property – Based on Attorney Grigg’s note, this matter was tabled until the July meeting.

ULWR - CUP – Kris reported that she received a call from Pat Morrison just as she was leaving for the meeting that the draft CUP was on her email. Kris advised that she did not have time to get the CUP off her computer. Dave advised the audience that Nancy and him are now personally involved in a lawsuit brought against them by ULWR and therefore, cannot vote on anything involving ULWR. Based on that information, there would not be a quorum to vote on any issues. Dave further advised that the Town’s insurance will be covering Dave and Nancy in this matter that involves Dave, Milton and Nancy Schlender and Jeff & Jean Kreuziger.

Dave advised that he became aware that ULWR was going to spread municipal sludge on the former Jerry Schultz property. When Dave spoke with ULWR representatives, they felt that because they were spreading municipal sludge, they did not need a CUP from the town but that is not the case according to the zoning ordinances. After inquiry of where the municipal sludge same from, Dave indicated that he contacted a representative of the City of Waukesha and Waukesha has a time frame to get the spreading done. This representative of the City of Waukesha advised Dave that they do not get involved with getting permits, that the waste hauler takes care of this.

Dave read the Order for Dismissal of the federal lawsuit involving the Town and ULWR. Question raised as to who pays those costs. Dave indicated that the insurance company covers those on behalf of the town.

Dave read the letter regarding the odor complaint hot line. Dave reported that the DNR has taken away 25 spreading sites from ULWR. Jeff brought up about forcing ULWR to just deal with Clyman waste, not everyone else’s.

Cemetery Violations – This matter will be tabled until next month to allow for the ordinance to be amended so that the prohibited entry time be changed from Sunset to Sunrise and that the first violation be a $1,000 fine plus costs. Marylee Peterman reported that there is a big section of fence around the cemetery that is down and she noted that cars are driving in there. Discussion held on this issue as well as widening of the driveway.

Liquor Licenses – Dave advised that Clyman Sportsman Club, Blew Inn, Juneau Rod & Gun Club and Dickie Lee’s Whacky Shack have reapplied for their licenses. Dave also read off the names of those requesting bartender’s licenses. Those applying for operator’s licenses are: Laura McCord, Cindy Roberts, Richard Greinert, Rita Greinert, Kyle Firari Gallitz, Jennifer Rieder, Julie Day, Mark Fobes, April Thompson, Reid Nehls, Richard Peterman, Carleen Rettschlag, Robert Schultz, Larry Heider, Wayne Gilbert, and Donna Farrow. Motion by Nancy/Dave to approve the licenses as presented. Motion carried and all licenses were granted.

Alternate to Board of Zoning Appeals – Dave advised that Richard Green is interested in serving in this capacity. Motion by Nancy/Chuck that the Board approve the appointment of Richard Green as an alternate to the Board of Zoning Appeals. Motion carried.

Treasurer’s Report – Chris went over the June 9 Statement of Cash Flows. Nancy asked about the Veolia dumpster fee – The bill contained an environmental fee. Nancy indicated that she contacted them and they agreed that they would waive that fee of $78.94. Motion by Nancy/Chuck to accept and pay the invoices as presented with the change noted on the Veolia bill. Motion carried.

Service Awards – Randy Nehls, Joe Hasslinger and Marilyn Schultz were presented with service awards for their years of service serving on the town board. Randy served 6 years, Joe served 13 years, and Marilyn served 25 years.

Margaret Johannson asked about a bigger culvert on Creek Road. She indicated that she did call the DNR about the spreading that was done on the property next to her.

Judy Hasslinger stated that she liked the website and questioned about when the minutes are posted. She was advised that they are posted when they are completed and sometimes that takes a couple of weeks.

Dave questioned John Haase about having reflector tape placed on some stop signs around the town. John indicated that we should contact the county highway department about having this done.

Nancy questioned how a street light was placed on Highway 26 and Clymet Road. Randy Nehls advised that it was done as a safety issue.

The next meeting will be July 21 at 7:00. (Note that it is week later than normal.)

Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 9:00.

Respectfully submitted:


Kris Kohlhoff
Clerk

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Town of Clyman
Regular Monthly Meeting
May 12, 2008

Attendees: Marylee Peterman, Jim Burke of Juneau EMS, Marty Pint, Margaret Johansson, John Haase, Dennis Moungey from Payne & Dolan, Marjorie Gahlman, Rick Remmington, Charlie Zimmerman, Jeff Kreuziger, Pat Morrison, and Steve Horack of Dodge Construction.

The meeting was called to order at 7:02 PM by Chairman Dave Blank with all board members present. The Pledge of Allegiance was said.

The minutes of the previous meetings had been provided to the board members. Motion by Nancy/Chuck to approve the minutes of 4/23/08. Motion carried. Motion by Nancy/Dave to approve the minutes of 4/14/08. Motion carried.

Juneau EMS - Jim Burke of the Juneau EMS addressed the audience and board on the possibility of Juneau EMS purchasing an ECG 12 lead machine designed to give the rural people better cardiac care. They can get the machines at a special price. He explained that these machines give people with heart emergencies a better chance of survival and less recovery time for the patient. They are looking at the Phillips Brand and the cost is $24,000 per machine and they would like to purchase two machines. With this machine they can transmit to hospital personnel by basically any type of phone. They would like to purchase two machines and to fund these they would propose increasing their ambulance contracts by $1500 for a period of 3 years, making the Town’s contract $4500 per year. Beaver Dam, Watertown, and Hartford Hospitals are set up to participate with these machines. Jim advised that the two people that were the heads of this program were just recently killed in the med flight accident but he is confident that the program will continue. Jim indicated that the first 100 minutes of a heart problem are crucial. Jim advised that they would like to have this up and running by the end of June. Training is minimal. Jim said that this is eventually going to become mandated by the State. He said that they are writing grants and doing fund raisers to obtain funds also. He indicated that their calls in the past year were approximately 40% heart issues. This item had been tabled from last month’s meeting. Motion by Nancy/Chuck to approve the Town of Clyman going in on the ECG 12 lead program with the City of Juneau. Motion carried to approve this beginning with the 2009 budget.

Citizen recognition – Kris recognized Jeff, Jean & Joel Kreuziger for an article regarding Joel and their family which appeared in the Inspire Magazine and Chris Spilker recognized Claudia Shipshock for appearing in the Wisconsin Horsemen’s News. Dave also advised that the Fire Department has received their new vehicle and it will be put into operation shortly.

ULWR –Dave indicated that ULWR has settled with the State regarding the WPDES permit for past violations for $100,000. Dave read an email from Joanne Kloppenburg and he also read an article as to where the money goes to for the fines that ULWR will be paying. Dave advised that he has not heard anything regarding the dismissal of ULWR’s suit against the town. Supervisor Chuck Burkholz asked about the letter from Atty. Roder regarding settlement with ULWR and the Town’s CUP. It was felt that the ULWR property needs to be rezoned for the other business operations and the general ag description does not fit with their businesses. Dave advised that ULWR’s CUP with the Town of Lebanon does not automatically transfer to the Town of Clyman and therefore, does not mean that their businesses are grandfathered. Charlie Zimmerman pointed out that if there is an increase in 50 percent of their business that any grandfathering would no longer be in place. Discussion held on how arbitration works. Some felt that by going with arbitration, the town would be giving up its power because of being tied to letting the arbitrator decide the issues. Dave is going to be checking as to where our CUP stands with the four points that are still unresolved with the WPDES permit.

Request by ULWR for Spreading Permit for the Former Doherty Farm – Motion by Nancy/Chuck to table this matter due to the fact that the attorneys have not reviewed the draft CUP which Pat Morrison is doing. Motion carried.

Land Split for Bob and Melinda Tracy – Dave explained that a flag style lot is being created by the Tracy’s. He explained that discussion was held at the May 5, 2008 Plan Commission meeting on sharing a driveway for the farming fields and the residence. Bob Tracy had indicated at that meeting that he would put in another driveway if necessary. Nancy read the minutes of the Plan Commission regarding the split. Pat Morrison indicated that there is nothing in the zoning to prohibit a flag split. It was also pointed out that there is room behind the requested split to put a driveway should one be necessary. Jeff Kreuziger indicated that there is access to the farm fields without using the residential driveway. Discussion was held as to the driveway length and width. Pat Morrison indicated that the requirements of the zoning ordinance have been met. Motion by Nancy/Chuck to approve the land split for Melinda and Robert Tracy Jr., with a recommendation that perhaps he consider making the driveway wider for emergency vehicles. Motion carried.

Road Weight Limits – Kris presented an email that she has received from Attorney Griggs regarding the Road Weight limit ordinance and his approval of same. Nancy read the proposed ordinance. Discussion held on the trash and recycling hauler of the town using the roads if there is a weight restriction. Rick Remmington suggested that the weight limit be 60 percent of the gross vehicle weight. Marylee Peterman made mention that it did not include anything about the farmer’s hauling their items. Pat Morrison questioned what a Class B Highway is. He felt that the Class of the road should restrict the use of the road. Discussion held on this issue. Motion by Nancy/Chuck to table this proposed ordinance until we can get further information. Chuck has agreed to contact other communities to see what their ordinances say. Motion carried.

Hot Mix and Seal Coating Bids Opening – Dave indicated that due to the snow plowing costs, road repair will be down this year. Dave had previously given all interested contractors a priority list of the road repair. Proposals were submitted by Scott Construction, Dodge Construction and Payne & Dolan. Discussion held as to the difference between hot and cold mix. It is basically a matter of preference. Hot mix has a longer life expectancy. Maintenance of the roads is key as to how long the seal coating lasts. It is not good to do either hot or cold coating in cold or wet weather. It was recommended that shouldering be done also. Scott’s bid was $46,344.90 for a 1.5 inch base. Payne and Dolan’s bid was $68,350 for a two inch base. There is a one year warranty. Motion by Chuck/Nancy to stay within our budget and go with the bid from Scott Construction for $46,344.90. Roll Call vote taken. Motion carried unanimously. Dodge Construction will be doing the shouldering. The roads that will be done are Bueske Road for $11,532.42; Birch Road for $15,181.92; Sun Road for $3,406.20; Schmidt Road for $13,040.898; and Clymet Road (Hurtgen Farm) for $6,228.48 for a total amount of $49,389.90 less a discount of $3,045 for a total amount of $46,344.90.

Crack-filling – Motion by Nancy/Dave to stay within the $10,000 range for crack filling. Motion carried.

Board Education – Dave advised that he would like to at least see that the Committee Chairmans attend training. We are going to check with the Town’s Association as to what is available. Dave is especially concerned about the Appeal’s Board receiving training. Pat Morrison of the Plan Commission felt that training is valuable. Dave will obtain more information on this and get it to the members.

Plan Commission Members – Dave reported that Marv Hanke does not wish to continue on the Plan Commission. Dave further indicated that he spoke with Gene Bogard and Mr. Bogard is still interested in being on the plan commission. Tim Huber wishes to remain on the Commission. Motion by Nancy/Chuck to accept the reappointment of plan commission member Tim Huber and new member Gene Bogard. Motion carried.

Treasurer’s Report – Chris went over the Treasurer’s Report for the month of May, 2008. Net cash income was $865.92; expenses were $23,314.03. Chris explained about establishing a petty cash account of $100 so as to cover expenses that are currently being paid by the Clerk and Treasurer during the month. Motion by Nancy/Chuck to accept the treasurer’s report as printed. Motion carried. Motion by Dave/Nancy to pay the bills as presented. Motion carried. Chris also went over the FEMA grant that the town will be receiving for the February snowstorm.

Dave reported on dumpster day and how well it went. The town will try to join with the village in November for another day using the crushing truck.

Citizen Comment – Marylee Peterman questioned about the hiring of the private investigator to take pictures at ULWR. Dave explained that a pleading entitled Request for Production of Documents involved with the ULWR lawsuit calls for the hiring of a private investigator/photographer so that that person could be an impartial witness that could give testimony should this matter go to trial. Comments were made as to the zoning and penalties within the Town.

Next meeting date: June 9, 2008.

Dave stated that the joint meeting with the village and town regarding the fire department building and town hall will be held at 6:30 on June 16, 2008.

Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 10:50 PM.

Respectfully submitted:


Kris Kohlhoff
Town Clerk

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TOWN OF CLYMAN
REGULAR BOARD MEETING
APRIL 14, 2008 at 7:00 PM

Attendees: Marylee Peterman, Mary Kreuziger, Charlie Zimmerman, Brad and Caroline Bailey, Rick Remington, Marjorie Gahlman, Lonie Haas, Jeanne and Jeff Kreuziger, Steve Lepple, Ray Conley from SGS, Dave Duerson of SGS. Shaun Lepple, Pat Morrison, Steve Chivers, Lucas Scheiber and Nate Spotts.

The meeting was called to order at 7:05 P.M. by Chairman Dave Blank. The Pledge of Allegiance was said. Motion by Nancy/Chuck to accept the minutes of the previous meeting. Motion carried.

Lonie Haas – Dave explained that he has received complaints about noise on the property. Lonie appeared and asked if there was a noise ordinance. Lonnie indicated that it is his son that is causing the problem and he will talk to him. Dave asked if the noise could be curbed by 10:00. Dave also asked if he could put a culvert in and Lonnie indicated that he didn’t feel that one was needed. He is not concerned about the water on his property. Dave asked if he could put a higher landing in for coming out of the marsh area as a safety measure. If we receive more complaints, we will address it again.

ULWR – Attorney Roder presented two motions to the Board members. The first one has to do with whether the town wants to go along with part, all or none of the compromise that was reached with ULWR and the DNR with the WPDES Permit. Attorney Roder participated in that meeting. He reported that DNR and ULWR reached an agreement on all their points of disagreement. He indicated that 3 or 4 items were left unchanged by the DNR. Ray went through the changes. He indicated that he discussed these changes with Plan Commission Chair Pat Morrison and Town Chair Dave Blank in a meeting held last week. He would like action taken tonight on these motions because of the meeting coming up the first part of May. The second motion is based on the assumption that the Town will authorize some changes that ULWR and the DNR have agreed to. If so, does the CUP need to be changed? He also had a copy of the CUP as modified if the conditions were accepted and with the changes he is recommending. He would suggest discussing this at a meeting in May or June. He suggested putting it on the agenda for June because of the timing of the WPDES hearing. He suggested that we send a copy to ULWR’s attorney to let them know what changes we are requesting. Dave indicated that DNR pretty much stood their ground with what they were requesting from ULWR. Odor control was one of the issues that were compromised. Also it was defined what kind of waste could be directly discharged. Records retention has also been lowered from 5 to 3 years. A good deal of these records will be sent to the Town. The board went through the document prepared by Attorney Roder. Discussion held on the odor control requirements. The Board has the right to change the requirements at their next review of this document. Discussion on clarification of food flavoring wastes and how that would be managed. Rick Remington indicated that some products would be better off to go direct into the ground. Nancy felt that an additional meeting was necessary because of the importance of the issues contained in these motions. DNR has changed their reporting requirements for ULWR. Motion by Nancy/Chuck to have a closed session to discuss these. Motion carried. Discussion was also held on the proposed resolution to change words regarding adding the meaning of objectionable odors.

SGS Regarding Recent Complaints - Ray Conley indicated that they are working on getting their new permit and are in compliance with DNR. They were given permission to operate under the old permit when they purchased the business. Caroline questioned about the spill over on March 20 and several days after that in which she noted spill over’s. With regard to this issue, SGS said that they had a foam over this past summer. They addressed that issue, he indicated that there is staining on the tank as a result of that. The capacity in the tank has been inspected by the DNR and they are in compliance. DNR has told them that they need to continue to monitor. Dave indicated that he was notified as to the foam over after the DNR was notified. The president of SGS indicated that they do have an emergency response plan. He indicated that they have been reported anonymously and the DNR has responded to the complaints. They were asked about ground seepage and they indicated that they are in compliance with DNR regulations. Representatives explained their filtration system. Discussion also held on their land application methods. Caroline questioned about an operations manager and site plan. SGS indicated that they do have an operations manager and that the DNR has approved of their site plan. Caroline questioned the stability of the tank especially at the top. She was advised that they are designed to hold the amount of waste that is in there. They again gave an open invitation to anyone to stop in and talk with them and ask questions.

Robert Jenders – Welsh Road Repair – Tabled until we hear from Attorney Griggs.

Lepple Purchase of Kline Farm – Steve indicated that he has met with the neighboring landowners (Huber and Salamone) regarding the footage that is involved with the driveway. There are some problems with trees on the property. They did find the pins for the property and the driveway is 33 feet wide. They would like until August 1 to repair the driveway because they are going to do most of the work themselves. Salamones did not like the fact that he is going to be taking down one of the big trees. Steve indicated that Tim didn’t have a problem with it. Motion by Nancy/Chuck to rescind the Chuck Kline motion to have the trees removed by the driveway by June 1 and since there are new owners, they will have until August 1 to bring the driveway into compliance. Motion carried. We will advise Attorney Griggs that the work on Kline is void except for the fee to be billed to Mr. Kline as a result of getting Atty. Griggs involved. Steve also indicated that they would like to hold off on the land split issue at the this time.

Road Weight Limits – Nancy obtained information regarding the posting of road weight limits. Most believe that the towns should have their roads posted however enforcement is the problem. County will not enforce but State Patrol will. With regard Welsh Road, and Koplin taking sand out of the Hasslinger property, the sign should be posted to the south of the driveway since Koplin does have permission to be on the road. Discussion held as to what would be allowed on the road. Nancy read the proposed ordinance. Discussion on if we can prove someone damages a road, can we hold them responsible for it. Question raised about dead end roads. Dave reported that the town doesn’t have many gravel roads. Discussion as to the posting period and permits. It was decided to have Attorney Griggs check out the ordinance to see what he recommends clarifying that we have lots of farmers.

Dog Ordinance – Questions asked about how the rabies clinic went. Attorney Griggs suggested that the kennel fee be raised. Dave indicated that the reason behind the dog licensing is because of the rabies vaccine being required. Motion by Nancy that the town adopt Ordinance No. 2008-003 regarding licensing of dogs. Seconded by Chuck. Motion carried. It was suggested that the rabies clinic be held in early December to coincide with paying taxes.

Steve Chivers indicated that he was here regarding the Lonnie Haas property and he said that he is kept awake all night by the noise on the property. Dave informed Mr. Chivers that he informed Mr. Haas that the noise is to stop by 10:00. Mr. Chivers indicated that he has talked with Lonnie Haas about this previously. The Board indicated that they will continue to work on it.

Zoning administrator – Motion by Nancy/Chuck to approve the agreement for zoning administration services along with their fee schedule. Motion carried.

Local Road Project Agreement – Dave indicated that he has received a grant in the amount of $31,322, to help with the repair of Junction Road. The total cost to repair the road would be $97,500 so the town’s share would be $66,178. The town has 7 years to use these monies and can apply for another grant to further bring down the cost.

CDBG Housing Program – Kris explained how the program worked in the Village of Clyman. Dave read what could be eligible for the loan program. Motion by Dave/Nancy to apply for the grant with MSA. Motion carried.

Swimming Lessons – This was forgotten at the annual meeting. Motion by Dave/Nancy to approve payment of swimming lessons for the kids. Motion carried.

Juneau EMS – Since no representative appeared, Dave reported that the Juneau EMS want to buy a 12 monitor lead with the defibrillator. This will be connected with the hospital and the hospital will be able to tell what type of treatment to give the patient. They are proposing to up their ambulance fee to $5,000 for 3 years and then after that it would go back down. Question asked as to how much the leads actually cost. We will table until next month since they didn’t show up.

Establish Road Viewing Date: Dave indicated that he has met with Jeff Hurley regarding crack sealing. Dave explained about the crack sealing and repairs that would be made. The Board will be viewing the roads on April 21st and 22 starting at 5:30 until completed. If they don’t finish on the 22nd they will determine another date.

Dumpster Day – Dave read the proposed post card. Dave indicated that Erdman will take most appliances that don’t’ have Freon in them. Dave also indicated that there is a person in Horicon that will take old appliances. Dave will have the number and indicated that the person will take it for free. Question as to whether another truck could be called if the truck gets filled. Nancy indicated that we will probably have to go another day. Question was also raised as to whether this was budgeted. Chris indicated that this was not budgeted. Nancy indicated that she contracted the compactor truck. Suggestion made that the website should be put on the post card. Nancy will check on TV’s and Dave will check with Samuel’s to see about metal. Motion by Dave/Chuck that with changes approved, Kris will send out the cards. Motion carried.

Treasurer overpayment. Barb has paid her overpayment. Dave read the letter from Barb. She paid back $283.90.

Treasurer’s report. – Chris went over the report. She had the April monthly report and the quarterly report from January through March. Chris went through the monthly report with income and expenses. Chris indicated that she cannot find any proof that the 2% fire department dues were been paid out for 2006 so we may end up paying these monies out to the Fire Dept. Motion by Nancy/Chuck to accept the treasurer’s report. Motion carried. Motion by Chuck/Dave to pay the bills as presented. Motion carried.

Correspondence – Discussion held on the noxious weed ordinance.

Nancy publicly thanked Marylee Peterman and Caroline Bailey for helping her go through the plan commission minutes to look for land splits, CUP’s, and possible violations that were never followed through on. They spent one afternoon and one morning doing this.

Website – Chuck indicated that he can put the ordinances on there and he can do this for probably less than $100. Discussion held on the comment section of the website.

Marylee Peterman requested that on the road check – they specifically check Gubin Road.

Next meeting will be May 12, 2008 at 7:00. A special meeting will be held April 23 at 5:30 to go over the Roder Motions. Motion by Nancy/Dave to adjourn. Motion carried. Meeting adjourned at 11:10.

Respectfully submitted:


Kris Kohlhoff
Clerk

___________________________________________________________________________________________________
Town of Clyman
Annual Meeting – April 8, 2008

Attendees: Mary Kreuziger, Jean Ross, Charlie and Lynn Zimmerman, Ann Blank, Vivian and Bernie Von Rueden, Barb and Marv Hanke, Caroline and Brad Bailey, Tim Zimmerman, Marjorie Gahlman, John Haase, Mike Thoma, Dave and Michelle DeCono, Ronnie Rettschlag, Rick Remmington, Jeff and Jean Kreuziger, Tim Huber, Wally Strauss, Jerome Haase, Ann and Pat Morrison, Amy Nehls, and Randy Nehls.

The annual meeting was called to order by Chairman Dave Blank at 7:00 PM with all board members present.

The minutes from the previous year had been handed out. Caroline Bailey pointed out that at the last annual meeting it was voted on that to get a half of a per diem the work would have to constitute one hour. The minutes should be corrected to reflect this. Motion by Gene Ross, seconded by Lynn Zimmerman to approve the minutes as corrected. Motion carried.

Dave went over what has been done in the last year such as buying the sound system and the board meeting times being changed to 7:00. Smart Growth was put off for another year because of the attorney fees that have been incurred. Cemetery signs have been put up but there are still problems at the Eagle Rd. Cemetery. The building renovation issue is still on-going with the Village.

Financial Statement – Chris Spilker explained that she did the financial statement based on how it was to be done according to the Town’s Association recommendation. She indicated that she broke down the General Government expenses more than what is actually recommended by the Town’s Association. Chris explained that some the town income was not included in the 2007 budget. She said next year this will be broken down more. Chris explained based on advice from the Town’s Association, if the people want a more detailed explanation, they should vote to have an audit done. Chris indicated that she is not required to do the tax roll reconciliation but she did include this. The total cash on hand for 2007 year end is $18,588.69 with an additional $53,934.14 in CD’s. Caroline questioned what the Board made and indicated that in the past year’s, Marilyn provided this information. Chris indicated that she does not have to do this. If Caroline wants this that is over and above what is required of the report. Caroline questioned if she could look at it and was advised by Dave that she should make a written request and then the figures will be provided. Motion by Gene Ross, seconded by Mary Kreuziger to approve the financial statement. Motion carried.

Recreational Donations – Boys and Girls Baseball – Mention was made about having these people come in person to ask for the money. Kris advised that there is approximately $2200 in savings. Wally Strauss made a motion to donate $200 each to the boys and girls. Seconded by Michelle DeCono. Motion carried. Senior Citizens – Motion by Marv Hanke, seconded by John Haase to donate $150. Motion carried. Santa – Amy Nehls gave a report on how it has grown over the last two years and how well it is received. She indicated that it was a good mix of town and village children. Motion by Lynn Zimmerman, seconded by Randy Nehls to approve a donation of $150. Motion carried.

Rabies Clinic – Dave gave a report on the Rabies Clinic and using Gentle Healer Vet Clinic from Watertown. The vet covered the cost of the tags and it didn’t cost the town anything except for Chris’s per diem for licensing the dogs.

Building Renovation – John Haase gave a report on their meetings with the architect. He indicated that they have drawings to expand to the north however the Village did not agree with those ideas. He indicated that until they get some more direction from the town residents, they are at a standstill as to what to do. Dave Blank reported that Tim Dornfeld indicated that he has spoke with Roedl from Beaver Dam and there would be no problem moving the pipes. Discussion on this issue. Gene Ross questioned about utilizing the fire drill site. Mary Kreuziger questioned about the town keeping their room and the fire department expanding to the north. Further discussion ensued. Dave Blank asked about whether to pursue the town paying for the renovation if the village will donate the land. Question raised about if the town is having a meeting and there is a bad fire where can the Fire Department go to clean up. Amy spoke how the village feels with regard to the fire department expanding and growing over the coming years. Discussion held on possible ways to renovate the building. Mention was made of the town going out on their own for a fire department. Discussion held on possibly getting numbers for building a department on the training site. Dave advised that Vickie Brugger advised him that grants are available to possibly put up a new building. Dave DeCono indicated that the department has been applying for equipment grants. John explained that Emmet has contacted Clyman to handle their fire calls but John indicated that Clyman does not have the man power to do this. John indicated that the department is about 50/50 with the village and town members. Amy explained that this is a land locked location and renovating might be good for 10 years but then what happens if they outgrow it. It was felt that a joint meeting be held with the two boards, and municipality residents and fire department. We will try to set up a joint meeting and hold it at the Lion’s Hall. We will try to set this up for sometime in June.

Snowplowing – Dave reported that he has received bids from two private companies – Mighty Excavating and Ztech in addition to the county bid. Mighty Excavating wants a 3-year contract. Ztech is asking for a 2-year contract. Mighty wants $920 per plowing and Ztech wants $925 per plowing. Discussion held about private contractors buying sand and salt. Discussion was also held on what we pay to the county now. Dave reported that he and Chris attended a meeting held by FEMA regarding recouping money on the snowfall held in February. We should be able to recoup about 87%. Discussion held on what the county would cost and how these private companies would handle the work load. With regard to the last storm Dave reported that he was advised by Chuck Barnhart from the county that they would not do dead end roads because of the ground being soft. Caroline suggested about asking people to take back their dead end roads. Randy Nehls advised that state statute does not allow for this. John Haase explained how the snowplowing came about with the county. Dave said that the county has been very accommodating to the town. Nancy Schlender indicated that she appreciates the job Dodge County is doing. Motion by Pat Morrison that we stay with the County for snowplowing, Seconded by Marv Hanke. Motion carried.

Dumpsters – Nancy reported that in June she got a quote from Waste Management about providing the town with a dumpster for a day. Veolia could have a 30 yard container here on a Saturday morning at a cost of $425. They also have a rear load truck at a cost of $90 per hour plus $40 per ton for a total of $515. Waste Management would not have one available on Saturdays. If we did it on a weekday, the cost would be $323.75. Nancy read a list of what is banned from the dumpsters. Amy advised that September 12 and 13 is Dodge County’s Clean Sweep Program. Motion by Michelle Decono to try Dumpster Day with Veolia in May, seconded by Mike Thoma. Discussion held as to where to place the dumpster and dates that it could be held. Discussion held as to how to get the word out to the people. Nancy will try to get dates of May 3 and May 10. Postcards will be sent out to the residents and it will be posted.

Chuck Burkholz gave a report on the website that is up and running. Residents gave ideas as to what they would like to see on the website such as zoning and fee schedules.

Dave mentioned about the CDBG housing grant that the Town will be applying for. This will be discussed further at the Board meeting. Dave also reported that the Town has received a TRIP road grant funding for Junction Road repair in the amount of $32,000.

Dave mentioned that people have contacted him about joint police powers with the Village. He mentioned that there are problems with Eagle Cemetery and on Bluff Road and vandalism to stop signs. Marv Hanke mentioned that if we go with our own department, we will incur liability and that the county response time is quicker than a local department. Discussion on this issue. Pat Morrison indicated that he grew up in a rural area and law enforcement was no deterrent. An estimate of the cost would be approximately $20,000. Motion by Randy Nehls, seconded by Brad Bailey to remain with the county. Dave will try to get them to patrol more often. Question asked about raising the fine to $1,000. We will check into that. Motion carried.

Combining the clerk/treasurer position – Dave indicated that the drawback to it is that we would have to be audited every year and the cost is approximately $3,500 per year. Kris explained the hours and time involved with the clerk and treasurer position and the difficulty there is with having no set hours and a place to have an office. Question raised as to what it would cost to combine the position. Caroline felt that if we went with county zoning much of the work would be eliminated. It was mentioned that once you go with county zoning, it is difficult to come back. Motion by Wally Strauss that we keep the clerk and treasurer positions separate. Seconded by Randy Nehls.

Board Salary Increases - Dave brought up increasing the salary of the clerk to $10,000, the Town Chairman to $2,000 per year plus per diems and the supervisors would be increased to $1,000 per year plus per diems. Dave read off what other area municipalities are making. Randy thought that pay raises should be discussed at a special meeting. Lynne Zimmerman felt that this was a special meeting where these issues could be discussed. Motion by John Haase, seconded by Jeff Kreuziger to raise the salaries as proposed by Dave. Question asked about how supervisors pay would be justified. Dave indicated that the supervisors do a lot of work to help him out. The clerk wanted the residents to know that this was not something she had requested. Motion brought to a vote. By show of hands vote: 15 in favor of increases. 3 opposed. Motion carried. These increases would take effect with the 2009 election.

Caroline asked if the Town had by-laws. She was advised that the state statute governs the towns.

She asked about the residents being in non-compliance with zoning and who will pay for this. This has not been worked out yet. Caroline questioned about who maintains the finance record. She was advised that the clerk has a copy of the finance record but the treasurer maintains the check book and that according to statute, the clerk only needs to maintain a copy of the finance record. She questioned about Jeff Retzlaff doing smart growth, she was advised that it is not for sure that we are going with Jeff Retzlaff. She also questioned about SGS having a spill and what was being done about it. She wondered why we are letting this company getting away with a spill. She indicated that she has written letters on this but has not gotten any responses back. She had pictures of the spill over. Dave indicated that the board has not received any complaints. She wondered why it wasn’t in the zoning book that when a business is sold they don’t have to apply for permits and conditions. She was advised that she can address the planning commission on this issue. She doesn’t think there should be spill over’s. Pat Morrison advised that the current zoning does not make it necessary for the new company to apply for permits and conditions. Dave advised that if there is a spill with anything, they should call DNR and if they can’t reach anyone, they should call the DNR hotline. Charlie Zimmerman indicated that rather than putting this information on the website, they should contact a board member. Caroline was advised that by calling the DNR hotline, someone will get back to her because someone is required to man that hotline 24/7.

Next year’s annual meeting date: The annual meeting will be held April 14, 2009 at 7:00. Motion by Lynn Zimmerman, seconded by Dave DeCono. Motion carried.

Motion by Jean Ross, seconded by John Haase to adjourn. Motion carried. Meeting adjourned at 10:20 PM.

Respectfully submitted:


Kris Kohlhoff
Clerk

___________________________________________________________________________________________________

TOWN OF CLYMAN
REGULAR BOARD MEETING MINUTES
MARCH 10, 2008 – 7:00 PM
THIS MEETING WAS HELD AT THE CLYMAN VILLAGE HALL

The regular meeting of the Clyman Town Board was called to order by Chairman Dave Blank at 7:05 PM with all members present. Also present were Mary Kreuziger, MaryLee Peterman, Jeff & Jean Kreuziger, Charles Zimmerman, Brad and Caroline Bailey, Rick Remington, Margie Gahlman, Tim Huber, and Ann Blank.
The Pledge of Allegiance was said.
Minutes – With regard to the previous meeting minutes, it was noted that it was Duane Schuett that was present and Norbert Kreuziger, not Daryl Schuett and Norm Kreuziger. With these changes noted, Motion by Nancy/Chuck to approve the minutes of the previous meeting. Motion carried.
ULWR – Dave reported that he had received a copy of a letter that the DNR sent to Steve Hoffman of ULWR regarding the conditions of the storage tanks. Dave also reported that pursuant to a special board meeting held on February 25, 2008, Attorney Roder will be filing a complaint against ULWR on behalf of the Town on March 11, 2008 regarding noncompliance with the CUP’s for the biodiesel and warehousing businesses. Attorney Roder had advised him that the motion made at the special meeting may have to be amended to include the biodiesel business and the warehousing business.
Charles Kline Driveway Issue – Dave advised that Attorney Griggs told him that he has not heard anything from Mr. Kline’s attorney and therefore, Mr. Kline will have until June 1, 2008, to get the driveway moved and pay a fine of $250. If the driveway is not moved by June 1, the forfeitures will be retroactive to the December, 2007 meeting date.
Robert Jenders Road Repair – Dave also advised that Attorney Griggs stated that he has not heard from the construction company regarding the Jender’s Road Damage. This matter will be reviewed again next month.
Road Weight Limit Signs – Dave felt that an ordinance will need to be put in effect regarding the road weight limits. We will try to have a draft of the ordinance for next month’s meeting. Discussion held on clarification of who would be governed by the weight limits. Business vehicles would still have the right to travel the road. With regard to the roads, they are not made for taking a lot of weight.
Appeals Committee Appointments - Dave reported that Charlie Zimmerman, Mary Kreuziger and Jerome Haase were the only ones that had been appointed to the Appeals Committee since the original committee was formed. Dave recommended that Charles Joyce, Chairman and Charles Zimmerman be appointed for 3 year terms with their terms expiring 2011. Leroy Schultz and Jeff Mamayek will be appointed to 2 years terms expiring 2010 and Jerome Haase’s term will expire in 2009. Mary Kreuziger is appointed as an alternate with her term expiring in 2009. Dave reported that he did not reappoint Barb to the Appeals Committee due to the conflict with her wages owed to the town. Question was raised as to needing two alternates. There is an open alternate position. Charlie Zimmerman indicated that State law requires that there be two alternates. The Board will take letters of interest until May 2 for the alternate position. The members have 10 days from tonight to get sworn in by the Clerk. Jerome Haase is in Florida until April 1 but he is already appointed to the appeals board until May, 2009, so he does not need to be sworn in. Motion by Nancy/Chuck to accept the Town of Clyman Appeals Board and to advertise for one open alternate position with the deadline being May 2, 2008. Motion carried. Questions were raised regarding the appeals process and how it works. Once a decision is made by the Appeal’s Committee, if the person rejects it, then they can pursue their avenues through the court system to overturn the decision of the Appeal’s Committee.
Dog Ordinance and Rabies Clinic – With regard to the notice of the clinic, Nancy requested that the following wording be added: “Previous proof of vaccination will allow for a 3 year vaccine to be administered.” Kris indicated that she will have the ad published on March 13 and March 20 in the Watertown paper. Nancy will also check with the radio stations about getting the ad on as a public service announcement. With regard to the ordinance, questions were raised regarding the number of dogs allowed before a kennel license was needed. Also instead of a multiple dog license, this will be changed to a kennel license With regard to the picking up of an animal, It was felt that the owner should pay the per diem of the supervisor for picking up the dog. Discussion held on the impounding or killing of dogs. It was decided to have Attorney Griggs review the ordinance. Dog license fees were discussed. Motion by Chuck/Dave to increase fees to $5 and $10. Motion carried. Nancy read the confirmation letters from Gentle Healer for the rabies clinic.
Zoning administrator – General Engineering provided a revised building inspection fee schedule. It was suggested that the Plan Commission adopt a general building code for all building that goes on in the town. Discussion held on developing an ordinance for the zoning issues. Question raised as to if those in non-compliance would pay additional fees because they did not come in compliance. Nancy will research those that may not be in compliance and bring back to the board next month. Caroline Bailey offered to help. Those found in non-compliance will be referred to General Engineering and depending on what General Engineering finds, some residents may have to reapply for their permits. Kris will check with General Engineering to see if they have an ordinance for zoning administrator that the town could use as a model to work from.
Use of Clyman Village Hall by Town– Dave advised that the Village refused to donate the land to the town for remodeling of the town hall and fire department. He also stated Village officials were willing to offer the hall for rent to the Town for $350 per month which included office space, storage space, utilities and included holding two meetings per month. Additional meetings could be held at the cost of $50 per meeting with a cap of $500 per month which would total 7 meetings. This will have to go before the annual meeting. Dave asked about putting it on the November ballot for a vote if there was not a good turnout at the annual meeting. Discussion held on the village not wanting to donate the land. They felt that the FD should make a proposal since the village is not willing to deal with the town. Discussion on the building of a new fire department. The town is afraid that they will not have a meeting space if they relinquish their space at the town hall. Nancy would like to hear from the fire department to see what they want. It was suggested that John Haase be asked to be present at the annual meeting.
Website Design – It was reported that Attorney Griggs reviewed the contract presented by Chuck Burkholz and that everything seemed to look fine. Attorney Griggs questioned what constituted “pages.” Chuck explained what was meant by “pages.” Motion by Dave/Nancy to accept Chuck’s contract for a website design for a period of two years. Motion carried. Chuck abstained from voting.
Lawnmowing bids – A total of three bids were received and opened. Those submitting bids were Paul Condon, who submitted a bid of $50 per hour at 6 hours = $300 per time figuring 12 to 15 times per year. Laurie Cookson and Mark Freson submitted a bid to include mowing, trimming around the head stones, and using their own equipment for $1200, to be paid in two installments of $600. Tim Dornfeld submitted a bid of $1875 for 2008 and 2009 for $2075 which does include insurance. Discussion held on the bids submitted. Motion by Nancy/Chuck to accept Tim Dornfeld’s proposal. Motion carried.
Operator’s license – A request for an operator’s license was received from Nichol Steinbach. Kris advised that upon checking, Nichol did not have a record on CCAP. Motion by Nancy/Dave to approve an operator’s license for Nichol Steinbach. Motion carried.
Deputy Clerk – Kris felt that deputy clerk should be someone from the town. In addition, she indicated that she was not impressed with Laurie’s work that was done in taking the minutes. Motion by Nancy/Chuck that Kris inform Laurie that she has been removed from the deputy clerk position. Motion carried.
Treasurer’s Report – Dave reported that the fire department truck has come in and that the additional items for the truck will be $13,000 over budget. With regard to the town balance in the check book, $25,948.75 is fire department money from the CD’s that were cashed to pay for the truck. Motion by Chuck/Nancy to pay the bills as presented. Motion carried. Chuck questioned about posting financials on the website. Discussion on this issue.
Resolution for alternative procedure for paying bills - Chris proposed having only two signers on checks, in light of the fact that it is often difficult to get the three signatures. Discussion held on the amount of the checks she can write out before they need to come to the full board for approval since with some bills we incur an interest penalty if we wait until the board meeting for approval. Motion by Nancy/Chuck to approve the resolution to have only two signatures on the checks and to give the treasurer permission to pay any bill or voucher not in excess of $1500 prior to the board meeting. Motion carried.
Correspondence – Dave went over the correspondence received. He advised on the PILT payments received by the town. He went over the modifications to the Welsh Bridge Contract. A letter was received from General Engineering indicating there were no permits for the month of January. AT&T put in a bid to the State doing video franchising and included the Town of Clyman in their request. There is also going to be a seminar on farmland preservation in the near future. Dave also read a letter from Attorney Griggs addressed to Barb Hanke regarding her salary overpayment. Discussion as to whether she should be required to pay for the attorney fees that are being incurred.
Citizen Comment – Mary Kreuziger questioned about the ordinances and where they are. She questioned about what type of building would require a fee according to the building ordinance. She was advised that the town would set these fees and work with the zoning administrator on this. Marylee Peterman said that the town has passed an ordinance regarding building new homes. Questions were raised as to buildings already started and how these would be affected by the ordinances. Dave indicated these would be grandfathered in. Ann Blank stated that the state building codes are a minimum set of standards to go by. The municipality has the right to set more stringent standards. Tim Huber stated that he came late and wondered about the Kline matter. Mary Kreuziger noticed that we are copying the whole ordinance book instead of just the section that is amended.
Next meeting Date – Dave read the statute pertaining to the annual meeting. The annual meeting will be held on April 8 at 7:00 PM. The next regular board meeting will be held on April 14 at 7:00.
Discussion held on the snowplowing. Dave reported that he has contacted private companies to submit bids and hopes to have that before the annual meeting.
Motion by Chuck/Nancy to adjourn. Motion carried. Meeting adjourned at 11:09 PM.
Respectfully Submitted:
Kris Kohlhoff
Town Clerk

___________________________________________________________________________________________________

Town of Clyman Regular Board Meeting
February 11, 2008
Chairman Dave Blank called the meeting to order at 7:00 PM with all board members present. Also present were Tim Huber, Jerry Foellmi and Dan Huebner of General Engineering, Charlie Zimmerman, Mary Kreuziger, Margie Gahlman, Rick Remington, Carolyn and Brad Bailey, Jeff & Jean Kreuziger, Dave Beattie, Kevin O’Meara, Bob White, Daryl Schuett, Judicial Candidate Bill Gergen, Charles Kline, and Norm Kreuziger.
The Pledge of Allegiance was said.
Minutes of previous meeting. Nancy brought up about the 5 motions mentioned by Attorney Roder. She requested an explanation that the CUP would go into effect immediately upon payment and questioned about some of the conditions being met. Discussion on what was meant by this terminology. The other members felt that the CUP would be granted upon all conditions being met. Nancy felt that before things went too far this needed to be clarified. Question as to whether Chuck could talk to Attorney Roder on this issue at the meeting on Tuesday since he will be attending the meeting on the other CUP’s. Dave explained that the meeting in Madison with ULWR involved working with them regarding the CUP’s for the grease business, bio-diesel, warehousing, truck repair and spreading permits. She asked if the citizens had a right to appeal and Dave said that they do have the right to appeal. Dave read a letter from Atty. Roder to Atty. Kap indicating that the Board had passed the CUP as amended but would not be granted until the payment condition was satisfied. Chuck felt that as a board we need to come to a decision as to whether to vote aye or nay on this matter. Dave read the five motions pertaining to the CUP to the audience. With regard to the rest of the minutes, under treasurer’s report there was a typo - the word should be went not when. Motion by Nancy/Chuck to accept the January 14 minutes with the correction noted. Motion carried.
ULWR – Discussion was held on the building of the lagoons. Chuck Burkholz asked the audience about the major factors that are troubling residents. Charlie Zimmerman indicated that he felt that the CUP should not issued until all conditions and challenges are resolved by both sides. Discussion held on the cooperation of ULWR. Questions were raised as to the Emergency Action Plan and Dave advised that by the time the lagoons are 75% complete, an emergency action plan must be place. It was felt that all residents need to comply with the zoning requirements and so should ULWR. It was stressed that no decisions would be made on behalf of the town at the meeting with ULWR representatives on February 12, 2008. Nancy advised that No. 29 of the CUP described the emergency action plan which said that the EAP needs to be in place upon 50 percent of construction being done. Jerry Foellmi explained how he would know when 50 percent of the work was completed. Jeff Kreuziger indicated that the CUP was inconsistent with other CUP’s that have been granted. Nancy explained that other CUP’s were not as complicated as this one. He questioned how the CUP could be granted when the WPDES permit is still being challenged by ULWR. Chuck questioned the timeliness by the board of passing the CUP. Nancy indicated that the board acted on the recommendation of the plan commission. Bob White questioned what the $50,000 payment included. Dave explained that this included attorneys fees, engineering fees, etc. The board explained that ULWR is not giving any answers. Bob White also questioned about the state and DNR being involved. Nancy explained that the town is the stepping stone.
Lawsuit – Dave indicated that the case has now been moved into federal court and if it goes to trial it would be a year before it is heard.
Bill Gergen – Judicial candidate spoke to the audience regarding the upcoming judicial election on April 1, 2008.
Charles Kline – Mr. Kline was present at the meeting. He is asking for an extension until June to move the driveway because of the weather as it is now. He questioned what the problem would be to put it off until June. He stated that the driveway was there previously. He indicated that he was requested to widen the driveway and then he received a letter that it wasn’t in compliance. He indicated that he has had trees taken down and that the excavator cannot get in there to do any work. Nancy indicated that the driveway is on Tim Huber’s land. Dave pointed out that the driveway must be 12 feet from the lot line. Chuck indicated that he felt the driveway was grandfathered in. Nancy pointed out that Tim Huber had the property surveyed and it was found that the driveway was on Tim’s land. Chuck Burkholz questioned how long Mr. Kline has known that the driveway was on Tim’s property. Mr. Kline indicated that it was about 3 years. Chuck Burkholz indicated that he drove out there and did take a look at the problem and indicated that this puts the board in an awkward position since we are trying to get people to comply. Dave advised that Mr. Kline is responsible for knowing what the zoning says. Mr. Kline also asked to stop with the contingency of the fines. Nancy indicated that she felt the work on the driveway must be done by June 1. Chuck B. questioned as to this being on the agenda numerous times. Bob White indicated that Mr. Kline should check his title insurance. Discussion as to when he should be required to comply. Dave pointed out that the Plan Commission addressed this issue in May, 2007 and at that time the plan commission requested that he widen the driveway. Dave proposed that the $50 per day fine be rescinded and that the board give him until June 1, 2008 to get the driveway moved. If it is done by June 1, Dave requested that he only be fined $250 since the town now has attorney fees involved. If it is not done by June 1, the fine amount will revert back to December, 2007, at a rate of $50 per day. Mr. Kline indicated that he felt that Daryl was his representative as his supervisor and he spoke with Daryl about this problem. Motion by Nancy/Chuck that Mr. Kline be given until June 1 to move the driveway and if he complies with that, he will be fined $250. If he does not comply by June 1, 2008, the fine amount will revert back to December, 2007, at a rate of $50 per day. Roll call vote taken with all agreeing unanimously. Kris will send a copy of the minutes to Chuck Kline so he can discuss this with his attorney. This matter will be placed on the March agenda to allow for his attorney to respond to this proposal. Mr. Kline was advised to contact a contractor and get himself placed on their schedule so that they can be ready to move on the project when the weather cooperates.
Robert Jenders - Damage to Welsh Road. Dave reported that he spoke with Atty. Griggs who advised that the cement contractors requested additional time to meet with their insurance agents. This will be placed on next month’s agenda.
Zoning Administrator - Dave reported that he felt that the Planning Commission was going no where on this matter. He referred to Sec. 13.1 of the CZO that says that the Board can fill this position. He reported that we have gotten bids from General Engineering that works in the area, and from Rudd and Associates from New Glarus. Dan Huebner of General Engineering indicated that they had talked to the Board previously about doing this work. Jerry Foellmi, president of General Engineering, gave a presentation on their company. Dan explained how the procedure would work with an example of someone adding on to their home. There is no cost to the tax payers, there is a cost to the resident that uses their services. Dan indicated that their fees are now calculated on square footage of $.185 per sq. foot. Dan indicated that the municipality has the right to charge an administrative fee. He indicated that the town attorney should establish a citation schedule. Discussion was held about using the liaison officer to issue citations. Dan gave the board a copy of the new fee schedule. Nancy feels that it is important that we have a zoning administrator to help resolve issues. Motion by Nancy/Chuck that we accept General Engineering to act as zoning administrator for the Town of Clyman and work with them. Bob White asked about having the County do the zoning. Caroline Bailey indicated that she would like to have Dean Perlick address the Board regarding the Town’s loss of control if going with the county. Discussion on this issue. Charlie Zimmerman indicated that in 1999 the people voted to have town zoning. He doesn’t feel that there is any need to dump the ordinances now. The Board indicated that they would like to continue to have town zoning. Charlie thinks a zoning administrator is what was lacking from the beginning and feels that this is a definite plus. Roll call vote taken. Dave, Nancy voted aye. Chuck indicated that he has some issues to discuss. Caroline indicated that we are already paying the county to do this and that the county would do the zoning for us. Chuck voted aye. Motion carried.
Charles Zimmerman - Charlie indicated that he has noticed over the years that the appeals board has not had reappointments to the appeals board staggered over the years. The appeal members were appointed on March 21, 2001 and were sworn in but it did not say which ones were staggered. The Zoning ordinance says that they shall be staggered. Dave will check with the Towns Association as to how we should handle this matter. This will be brought up at the next meeting.
Rabies Clinic – Nancy reported that she called to surrounding vet clinics in the community. Juneau, Rock River in Watertown, Mayville Vet Clinic, Animal Health Clinic, Animart and the Gentle Healer out of Watertown. Juneau, Rock River Vet and Animal Health declined to do it. Animart only holds clinics out of their stores. If the clinic was held on Saturday, March 29, Chris Spilker would still be able to license the dogs by April 1. If done on March 29, it would be from 10 to Noon and the cost would be $10 for rabies. Distemper and parvo would be $15 extra and as well as other vaccines. Dogs would need to be leashed. If the dog has had no previous rabies shot, the shot is good for one year. If the animal has had a previous rabies shot, the shot would be good for 3 years. Gentle Healer Clinic would be able to do this on March 22 at the same time and meet the same prices. Charlie Zimmerman indicated that he would prefer March 22. Question as to whether this would be a yearly clinic. Dave indicated that we could try this to see how it would go. We will put it in the newspaper. Motion by Dave/Chuck to go with March 22. Motion carried.
Foam Ordinance – Nancy explained the need for the ordinance to the audience. Motion by Nancy/Dave to adopt the ordinance for the special foam used to fight fire contaminants. Motion carried.
Village Hall Rental – Dave questioned about negotiating with the Village about possible rental space. Charlie requested the purpose of it. Dave explained that if the Fire Department remodels, the village does not want to let the town expand to the north. This proposal would also allow for a better working facility for the clerk and treasurer and would allow for better security of the town records. Heating and climate control in the town hall is a big issue. Discussion on this issue. Charlie pointed out that the town has a place to meet in this hall and that the town is basically being evicted and why would they want to rent when they have a building. Nancy explained the state’s mandates that are coming down. Charlie indicated that it isn’t mandated as of yet. Discussion on this issue. Motion by Nancy/Chuck to give Dave permission to discuss possibilities with the village. Motion carried.
Website - Chuck indicated that he has put forth and submitted a proposal on the Town website. He explained what he is anticipating going on the website such as meeting minutes and agendas. Chuck said his fee would be $600 for two years. He suggested using townofclyman.org as a domain name. After the first 2 years Chuck would determined what is entailed with regard to his time and whether a fee increase would be warranted. Discussion held on how the website could be useful for the community. Chris Spilker indicated that she would be willing to help Chuck set up the site. Kevin O’Meara will also work on the web team. Chuck presented a contract to the town for his services. Motion by Dave/Nancy that upon Atty. Griggs reviewing Chuck’s contract and giving his approval, that we allow Chuck and his webteam to create the website. Discussion as to adding the zoning ordinance to the website. Motion carried. Chuck abstained from voting.
Treasurer’s Report – Chris went through the report. The report indicated that Chris Spilker has repaid the town for her $85.50 overpayment in the treasurer’s position. Dave advised that the retainer on the snow plowing has been used up. Dave estimates that we are $30,000 to $40,000 over. Dave reported that the town has received a $30,000 grant to do Junction Road. Dave indicated that he will get bids from private contractors to do snow removal. He asked that if there are problems with plowing to please call him.
Resolution for paying bills and check signatures – Tabled to next month.
Correspondence – Dave read the letter Attorney Griggs sent to Barb Hanke regarding an overpayment of her services. Barb advised Attorney Griggs that she does not feel that she owes money and in fact, the town owes her money. Until we hear anything further, we will continue to pursue the matter.
Citizen Comment – Caroline mentioned about the posting places and the fact that there has been no posting at the trail. Kris indicated that because of the snow she is not able to post at the trail and has been putting that posting in the post office so that the postings are in 3 places. It was decided that from November to April, the postings will be in the post office instead of at the trail.
Tim Huber commented on the Board granting Chuck Kline an extension and his dismay with the board in granting the extension.
Jeff Kreuziger – Ask that when Dave is speaking to the village that he remind them that the village annexed land from the town into the village.
Next meeting date will be March 10 at the Village Hall at 7:00.
Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 9:47.
Respectfully submitted:

Kris Kohlhoff
Clerk

TOWN OF CLYMAN
REGULAR BOARD MEETING
JANUARY 14, 2008
Chairman Blank called the meeting to order at 7:05 PM with all board members present along with Attorneys Roder and Griggs and 19 audience members present.
Brian Pfitzinger addressed the audience and board regarding his candidacy for Branch 1 Circuit Court Judge.
Chuck Burkholz sworn in to replace Daryl Bailey as Second Supervisor.

Minutes – Motion by Nancy/ Dave to accept the minutes of the December 10, 2007meeting. Motion carried. Motion by Nancy/Dave to approve the public hearing minutes of December 13, 2007. Motion carried. With regard to the Special Budget meeting on December 13, 2007, Dave pointed out that regarding the Welsh Bridge Payment, if the payment to the county would not have been made on time, we would stand to lose the $89000 of bridge aid. The railroad still has to pay us. With this correction noted, motion by Nancy/Chuck to approve. Motion carried.

ULWR –

A. CUP – Atty. Roder indicated that a couple of things were added that the board requested. He presented the CUP with the additional provisions: Paragraph 16 had 2 concepts added. There was an amendment to #29. Also, there was a typo in #3. He introduced the concept of 2 ways of monitoring the wells. Mr. Foellmi wanted to add additional meters that would monitor inflow and outflow. He also indicated that there was a meeting regarding the litigation and at that meeting it was felt that another provision should be added to require construction of the wastewater treatment facility within a specific period of time. The CUP would expire from the date of conditional issuance and if it isn’t constructed within that period, they would have to seek additional extension time. This would have been added to #57. This permit came to the board as a consequence of the plan commission and their proposed Findings of Fact and Conclusions of Law along with their proposal to recommend approval. Attorney Roder felt the Board should accept and adopt the Findings of Fact and Conclusions of Law of the Plan Commission and then add to the language of the Findings of Fact. He read what he proposed being added to the Findings of Fact. He suggested that the Board accept the CUP with the 3 conditions that were added previously but do it on a conditional basis. Upon satisfaction of the requested payment by ULWR, the CUP will go into effect immediately.

Questions were raised as to the list of things that need to be filed with the clerk to keep compliant with the CUP. Dave raised a question as to wastewater being knifed in the ground. Discussion on these issues.

No. 1. Motion by Nancy/Chuck that paragraphs 3, 16, 29 and 52 of the draft ULWR/Tracy Bros. LLC Conditional Use Permit be amended as shown in the draft prepared by Attorney Roder pursuant to our directives at the December 10, 2007 public meeting and shown in the CUP revised on 12/26/07. A roll call vote was taken with all three members voting aye. Motion carried.

No. 2. Motion by Nancy/Chuck that paragraph 57 of the draft ULWR/Tracy Bros. LLC Conditional Use Permit be further amended to include the provision which states: "This Permit shall expire within 12 months of its conditional issuance unless the Permittees demonstrate. . . ." A roll call vote was taken with all three members voting aye.
Motion carried.

No. 3 – Motion by Chuck/Nancy that the Board adopts as its Findings of Fact and Conclusions of Law those Findings and Conclusions of the Plan Commission with the following additional Finding of Fact: "It is reasonable and necessary for the protection of the groundwater resource in the Town of Clyman to require pursuant to paragraph 16 of the draft Conditional Use Permit either a lysimeter or monitoring well system that is capable of intercepting and detecting leakage from the wastewater lagoons and to require that the plans and specifications for the option selected by the Permittees be reviewed and, if necessary to protect groundwater, revised by the Town's Engineer ." A roll call vote was taken with all three members voting aye. Motion carried.

No. 4 – Motion by Dave/Chuck that the draft ULWR/Tracy Bros. LLC Conditional Use Permit as amended via previous motions be issued upon the condition that the CUP will not be in effect unless and until payment is made by the Permittees of the assessment made under § 13.5 of the Clyman Zoning Ordinance ("CZO") in the amount stated in the letter of Attorney Andrew R. Griggs to Attorney Joost Kap dated September 17, 2007, but that upon satisfying the payment condition, the CUP will be in full force and effect. A roll call vote was taken with all three members voting aye. Motion carried.

Discussion was held on the issue of partial compliance of the CUP by ULWR.

No. 5 – Motion by Nancy/Chuck that Attorney Roder be authorized to send to the attorneys for ULWR a copy of the conditionally issued CUP with the explanation that upon payment of the assessment set forth in the September 17, 2007 Griggs to Kap letter that the terms and conditions of the CUP will be in full force and effect. A roll call vote was taken with all three members voting aye. Motion carried.

B. Retainer Fee – Covered in previous motion.
C. Proposed meeting – ULWR proposed 4 dates in February, however Dave is unavailable on any of the proposed dates. Question raised as to issuance of the other CUP’s and previous motion that was passed which was eventually rescinded by the Plan Commission. Discussion held on attendance at the meeting and issues that would be raised. Chuck indicated that he would be willing to attend the meeting. Atty. Roder will try to reschedule the meeting.
D. Rezoning – With regard to the application amendments for spreading on the Doherty farm, the owner needs to be listed. This will be raised at the meeting. With regard to rezoning, some of what they are doing may not fit the ag ordinance. They can come to the Plan Commission and ask to have property rezoned.
E. WPDES meeting – The permit has been challenged by ULWR with regard to some provisions. Discussion was held on possibly having an evening meeting where people could come in and voice their opinions with regard to conditions that are being challenged. If people are interested in coming to a meeting, focus will be on issues that are being challenged so that it is material to what is being challenged. Attorney Roder will provide interested parties with copies of the challenges.
F. Report given on the lawsuit by ULWR and their claims made.

Robert Jenders – He wanted to discuss the statement that he received for the road repair. Dave explained the bill that was sent to him and how the Town arrived at the figures. Mr. Jenders stated that he spoke with an attorney who indicated that since the road was not posted no law was broken and that the road could have been poorly built. He was advised that the concrete trucks sat on the road rocking which is what caused the damage. No weight limit was posted on the road. Atty. Griggs indicated that he would research this. Mr. Jenders indicated his wife was advised by the previous clerk that there were no weight limits on the road. Atty. Griggs suggested that we research the weight limits. Atty. Griggs indicated that he could send a letter to the contractor to see if he could negotiate a settlement. Motion by Nancy/Chuck to have Atty. Griggs direct a letter to Zinago, the construction company, to see about settlement. Motion carried.

Charles Kline – Property Compliance. Dave went over property compliance with Chuck and Attorney Griggs. Discussion on letter written by Atty. Griggs. Dave indicated that he received a call from Mr. Kline that he was unable to make the meeting tonight due to a medical emergency. The letter calls for a fine of $50 per day from December 15, 2007. This matter will be placed on the February agenda. If he doesn’t come to that meeting, then the citations will take effect and the Town will take him to court. Atty. Griggs can write another letter indicating the amount owed and that it is urgent that he attend the next meeting. Motion by Nancy/Dave that Atty. Griggs be instructed to send another letter to Mr. Kline and ask if he can respond before the day of the meeting. Motion carried.

Foam Replacement Ordinance: Attorney Griggs read the ordinance as proposed.

Erdman Recycling – We do need to have a recycling facility listed for the town. Erdman has agreed to bill us $30 per week but he will pay his own insurance. Dave will advise him that we need a contract from him and Atty. Griggs will review same and advise additions or corrections.

Welsh Bridge – Chris received information from the Dodge County Highway Department which included the break down on the figures. Dave went over the figures received. Discussion held on this matter.

Szerbat Road and Sun Road Cul-de-sac: Dave reported that we will look at Sun Road in the Spring and that we may only need gravel there. Szerbat Road – The Board will look into it when road inspection is done.

Treasurer’s Report –
A. Chris explained the error in the check book of $674.71. She also explained about needing the fire department wages before the meeting in December. Discussion held on Plan Commission wages also. Motion by Nancy/Chuck to accept the treasurer’s report and pay bills as presented. Motion carried.
B. Salary Over-payments – Chris explained the salary figures for the treasurer and clerk. The clerk’s salary payments were ok, however, the treasurer’s job changed hands a total of 3 times which included the clerk filling in. Chris broke it down to a day-by-day basis. Chris when through and explained how she arrived at the figures of $13.72 per day for the treasurer’s salary. A $313.60 overpayment was made to Barb and a $369.90 payment should have been made to Kris for the time she covered the treasurer position before the appointment of Chris Spilker. Motion by Nancy/Dave that the previous treasurer repay the town $313.60 for her salary overpayment, that Kris get the $369.90 for acting treasurer, that the town pay the bill for Val’s Accounting for the W-2 forms and that the Town not request the present treasurer, Chris Spilker to pay back her over payment. Motion carried. The previous treasurer will be notified as to her difference in salary payments
C. Kris and Chris gave a report on how well the tax collections are going at the Village Hall.

Correspondence – Dave went over the correspondence received.

Tim Huber Extension – Tim requested a 90 day extension on his trailer to get it moved off the property. The 90 days would begin February 1, 2008. Discussion as to how many extensions he has been granted. Dave suggested giving him 6 months because he is building the house on his own. Discussion on this issue. Motion by Dave/Chuck that the board give him 6 months from February 1 to complete the house and then 90 days after that to remove the trailer from the property. Motion carried.

Dave turned the meeting over to Nancy because of his request for an extension to keep the trailer.

Dave Blank Extension – Dave indicated that the Plan Commission refused to grant his request for an extension to remove the trailer from his property. He indicated that he does have people interested in purchasing the trailer, however they cannot remove it until Spring. To move it now would probably wreck his septic and lawn. He estimates that a good time to move it would be by July 1. Dave had it sold previously but then the buyer backed out. Discussion held on this issue. Motion by Chuck/Nancy to give Dave until July 1, 2008 to move the trailer or sooner if weather permits. Motion carried.

Citizen comment: A request was made by Charlie Zimmerman as to the dates when plan commission and appeal board members took office. Marty Pint informed those present about the medical alert system that is going into effect and the forms that need to be filled out. Discussion on how this program works. Discussion held on a possible rabies clinic. Dave indicated that he will report back on this at the February meeting. Caroline Bailey asked about the leak at the village ponds and if the DNR was notified. She was advised that it is a requirement of the village that the DNR be notified and the procedures that have to be followed.

Next Meeting Date: Next meeting will be February 11, 2008 at 7:00 PM at the Town Hall. Dave indicated that he will speak with the Village Board about conducting some meetings at their hall so that people can see the hall.

Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 10:50 PM.

Respectfully Submitted:


Kris Kohlhoff
Clerk