BOARD ATTENTANTS - Chairman Dave Blank, 1st Supervisor Nancy Schlender, 2nd Supervisor Chuck Burkholz, Treasurer, Sandy Thoma.
The regular monthly meeting was called to order by Chairman Dave Blank at 7:00 PM. The Pledge of Allegiance was said.
MINUTES - Nancy/Chuck made motion to accept last month's minutes as presented. Motion carried.
CITIZEN COMMENTS - None. Dave explained he will reopen citizen's comments at the end for anyone who is interested in speaking with the board.
SCHLESNER CUP - Dave explained how the shop is currently set up. Nancy questioned if he showed any interest in expanding. Sandy said that the Plan Commission did not ask that directly but Mr. Schlesner did not show interest of expanding at this time. Nancy questioned that the CUP application was marked paid but did not list the amount. Sandy confirmed that the CUP was paid and she deposited $300.00 into the Town's checking account. Nancy/Chuck made motion to accept CUP for T. Schlesner to operate a home based business on Parcel # 012-1015-1333-002 referencing Zoning Statue 3.M.
BREMER LAND SPLIT - Dave explained that all the buildings will be removed leaving only the house. The split will be 1.3[+-] acres with the house. 80 acres total surround the house currently. Chuck/Nancy made motion to accept land split Parcel # 012-1015-1134-001 presented by Plan Commission referencing 4.12B Zoning Statue. Motion carried.
CULVERT & BRIDGE RESOLUTION 2009-14 ADOPTION OF TRACY BRIDGE ON HOGSBACK ROAD - Dave explained that he is seeking to apply for bridge aide for the Tracy Bridge on Hogsback Road. He did replace the current culvert with a 36 in. culvert because it was a hazard. He further explained that the town will not see a bill for these repairs until fall of 2011. He is going to try to have FEMA pick up some of the cost because of the damage being caused due to the flooding of 2009. He further explained he is going to also reopen the Eagle Road aide with FEMA because of the additional work required on that culvert also due to flooding. Nancy/Dave made a motion to apply for aide for Tracy bridge located on Hogsback road. Motion carried.
2010 STRAY CONTRACT W/DODGE COUNTY - The Humane Society works with each municipality individually. They explained that Dave can continue to pick up strays and if he locates the owners he does not need to notify the Humane Society. Chuck questioned if there is a retainer fee. There is no retainer fee. There is no fee for dropping off animals during regular business hours. The Humane Society does require someone to go through a training process to drop off animals after hours of operation. The town will be billed if the owner does not pick up the stray. It is then referred off to Dodge County Police Department. Nancy was concerned about animals being abandoned on town roads and the town incurring the cost. Nancy questioned item F of page 3 & Page 2 listed different hours of operation. It was explained that one is for public and one is for when staff is available. They explained they are flexible with hours if someone is looking to pickup an animal. They explained that they do quarantine when necessary and will charge the owner not the town. The county incurs the costs for animals that bite. It was explained that if they need to pick up an animal after hours then there will be a charge. 4:00 pm. is the end of business day. The Humane Society encourages the town to hold the animal until the following morning if possible to avoid the fee. They take all animals/reptiles. They have referrals to pass if they are unable to house a rare type of animal. Abandoned animals usually have a turnaround adoption rate of 14 days. Dave recommended working with the Humane Society for this year because they do not require a retainer and allow you to pay as you use their facility. They further explained they would notify a town board member to accept strays from our township if someone locally drops off an abandoned animal. They asked if anyone has an unusual animal please call first. Nancy/Chuck made motion to accept the 2010 contract with Dodge County Humane Society as presented. Motion carried.
TRIP GRANT for JUNCTION ROAD - Dave explained that 2 years ago he applied for a grant and was granted $34,000.00. If we apply for the TRIP Grant and receive this grant then the town will forfeit the already approved grant because the TRIP Grant would grant more funds due to it's label as a safety issue on Junction Road. Dave would like to completely resurface Junction Road and repair all damaged areas. He believes this will cost over $34,000.00. Dave will be working with Pete Thompson from Dodge County Highway for applying for the TRIP GRANT. November 18th is the deadline.
RABIES CLINIC - This year Gentle Healer will be coming on December 5, 2009 for the Town & Village. Snow date December 12, 2009. Rabies for 1 year & 3 year for dogs and cats $12.00 each. Distemper, Bordetela, and Lyme Vaccines for dogs $17.00 each. Distemper and Leukemia Vaccines for cats $17.00 each. The clinic is from 1 - 3 pm. This is the same day as Santa at the Village Hall from 10 a .m. - Noon. The board recommended doing a postcard for a notice and also posting it on the website. Chuck will check to see if he can contact a printer to print it up. Nancy/Chuck made motion to hold a Vaccine Clinic with Gentle Healer on 12/5/09 from 1-3 pm. In addition Chuck will check on pricing for bulk rate printing services. Motion carried.
FIRE TRUCK #1761 NEGOTIATION w/TANK MANUFACTURER - Fire Chief John Haase explained that in June he did a pump test on Fire Truck #1761and it failed. When rebuilding the pump there was a plastic piece that had became loose inside the tank and this is what caused the damage. Going back through the records Fire Chief John Haase explained that the original manufacturing dates back to 1989 and in June 2009 it became lodged causing damage in excess of $9500.00. Since then there have been numerous attempts to work with the manufacturer to resolve this issue but John is not satisfied with the manufacturing company because they refuse to pay for the damages. They did send a letter from through their attorney that the Fire Chief list items from the current bill that are normal maintenance and pay the cost of those items listed as normal maintenance. John worked with Rennert's and provided the Town Board with a new invoice from Rennert's showing just the maintenance items. John explained because the tank was not in service the remainder of the bill should be covered under the warranty. Dave explained we will resubmit the invoice with Attorney Griggs excluding the maintenance. Sandy will supply a copy of the maintenance to the Village.
STANTON ROAD DITCH PROJECT - Dave explained he will meet with Dan Reen regarding where to place the ditch. Chuck explained that the current culvert is approximately 95% plugged up. He further explained that if the looks into just replacing this culvert it may solve the issue of running a new ditch. Dave explained he will talk with Dan Reen and report back next month.
TREASURER'S REPORT - Beginning Balance $10,302.60; Interest Earned $1.37; Deposits $3,420.25; Expenses $6,702.77; Ending Balance $7,021.45. Chuck/Dave made motion to accept Treasurer's report and approve invoice's as presented. Motion carried. Nancy/Chuck made motion to accept and pay bills as presented. Motion carried.
CORRESPONDENCE LETTERS - Dave received a contractor proposal to add an endwall on Eagle Road culvert. Currently it is a straight drop. If this project is completed it will create a slopping endwall. Dave explained he will reopen the FEMA file and pursue having FEMA pay the cost. Nancy stated she would like to see guard rails after completion for additional safety. Dave will talk with Pete Thompson from Dodge County Highway regarding what type of guard rails would be appropriate. Dave/Nancy made motion to accept the proposal from Ridgeside Constructing and Landscaping to add sloping endwalls onto the Eagle Road culvert. Motion carried.
Dave explained that the County will be hosting a meeting on December 7th regarding their Zoning Changes.
Dave acknowledged the town received a land use permit from Dodge County for SolarBach (dba Berhoff Homes, LLC) in regards to installing Solar Panels.
Dave acknowledged the town received a land use permit from Dodge County for Bill Ehlenbeck for a trail parking lot.
General Engineering, Jerry F. sent correspondence stating that he will be visiting ULWR Lagoon site this next month.
Dave explained the town received a letter from Jeff Retzlaff regarding 2 separate invoices he sent to the town. One was for the Comprehensive Planning Project. This invoice is for monthly installments for September and October, 2009. The second invoice is for separate zoning administration services provided outside the scope of the comprehensive planning project. It included work done on the Tim Huber home-based business CUP and for the zoning ordinance update recently completed that incorporated all the changes made in 2008 (including the “annual review” changes and those needed as a result of the ULWR agreement and CUP matter.
Fire Commission meeting will be November 11, 2009 at 7:00 pm.
Annual Budget Meeting will be November 18, 2009 at 7:00 pm.
NEXT MONTHLY MEETING DATE: December 14, 2009 at 7:00 pm.
Nancy/Chuck made motion to adjourn at 9:09 pm. Motion carried.
Town of Clyman Clerk
Regular Monthly Meeting
October 12, 2009 @ 7:00 PM
BOARD ATTENTANTS: Chairman Dave Blank, 1st Supervisor Nancy Schlender, 2nd Supervisor Chuck Burkholz, Treasurer Sandy Thoma.
The regular monthly meeting was called to order by Chairman Dave Blank at 7:00 PM. The Pledge of Allegiance was said.
MINUTES: Chuck/Nancy made motion to accept last months minutes as presented. Motion carried.
Nancy discussed updates from previous outstanding issues from last month. She commented on the abandoned property being investigated by Jim Lawton from General Engineering. Dave further explained that the Plan Commission is going to be discussing abandoned property and the zoning ordinances regarding abandoned property at their next meeting. Chuck questioned Farm Bureau not charging the town to be a member. Nancy explained that as a municipality we do not have any extra charges. A private citizen would be charged to be a member. Nancy questioned if Jeff Retzlaff sent the Plan Commission updates to the Zoning Ordinance book. Dave explained that to date, Jeff Retzlaff has not forwarded Zoning changes to the Plan Commission.
CITIZEN COMMENTS: Dave Blank let everyone know that during the citizen comments they will be timed to 3 minutes. There were no comments.
ULWR and FINAL CUP dated 12/6/08: Jerry Froellmi was out and visited the sight today and gave Dave Blank a written report. Included in this information is ULWR's DMR Reports are current up to August with the exception of July missing. Jerry further explained that ULWR is being accommodating to all of his requests. He explained in his letter the expected completion dates of each project regarding the Lagoons with a final up and running operation date being at the end of this year. Jerry plans another site visit at the end of October. Monitoring Wells: the installation is complete and he is recommending a first round of test to be completed by year end. With regards to the Operation & Maintenance Manual and Land Application Management Plan the O&M manual is being reviewed. He will work with Stand and provide copies to the Town and ULWR of any comments he suggests. With regard to the Land Application Management Plan (LAMP) upon final approval by the DNR Jerry Foellmi has not seen the final LAMP or the DNR approval letter. ULWR will need to follow up on this matter.
Jerry further stated the decision to hold any public hearings and pursue enforcement actions against ULWR for some of the CUP violations is ultimately the Town's decision. From his perspective, he has noted the violations but has also seen reasonable attempts on behalf of ULWR to comply with the CUP conditions once they were made aware of their mistakes.
Nancy & Chuck were satisfied with the cooperation that ULWR is providing to Jerry Froellmi & the correspondence that Jerry Froellmi is providing to the town.
2010 STRAY CONTRACT W/DODGE COUNTY - Dave explained that he is currently the person that picks up strays in the town. Dave further explained that Dodge County will pick up Cats/Dogs if approved by a member of the Town Board. There are charges for this service. The animal will not be released to the owner until the fee's are paid. Nancy explained that legally Dave is covered to continue picking up Stray's and he is adopting them and keeping them until he finds an owner. Dave explained that he would like to work with Pat Morrison at TLC Kennels in producing a contract with the Town in the event he would have to pick up numerous dogs that he could not keep at his house. Questioned raised if Humane Society would house animals that Dave would not be able to provide shelter for or animals that need immediate medical attention. Dave explained that in 2009 he had around 6 calls. Statement made that strays are found on the Highway and may be increasing due to the economy and the owner not being able to provide for the animal expenses. Dave said he would continue to pick up animals but would like to do more research with TLC and Dodge County Humane Society to talk about other options in long term housing facilities. He will also check into the fee's more in depth with Dodge County Humane Society. Chuck/Dave made motion to table the 2010 Stray Contract with Dodge County Humane Society.
2010 CENSUS - Chuck explained that the town is responsible for assisting the State of Wisconsin and if possible form a Complete Count Committee. Since 1980 the town has been responsible for compiling and helping the State of Wisconsin compute accurate information to report in regards to the population in the State of Wisconsin. Dave recommended dedicating a section on our website to the State of Wisconsin Census for citizens that are interested in more information or perhaps becoming more involved with the 2010 Census. It was explained that every local government is responsible for enforcing the 2010 Census regulations, but that rural towns just don't have some of the resources or even the population that larger cities would have. He read the entire Resolution in full. Dave/Nancy made motion to accept the Resolution 2009-13 Promotion of 2010 Census.
2010 BIDS FOR NEW TOWN ASSESSOR - Nancy read cover letter from Gardiner Appraisal. In his letter he quoted a fee of $20,500 for a Revaluation in 2010 and a fee for maintenance of $5,700.00/per year for the years 2011 & 2012. Chuck read a bid from Accurate Appraisal $3500.00 for 2010 for maintenance. Chuck then read the Scope of Services included with the bid. He then read the proposed agreement between Accurate and the Town. Nancy read Brenda Wenzel proposal. Brenda Wenzel was present for questions. Brenda was quoted in writing a fee of $6,200.00 for the year of 2010 for maintenance only. She also quoted an revaluation for 2010 for the amount of $20,000.00. Dave read the proposal from Equity Appraisal. Stephen Mahlik from Equity Appraisal was present for questions. He was quoted for doing an assessment for 2010 in the amount of $21,000.00. He did not bid for maintenance. Stephen currently does have a contract with the Village of Clyman. Brenda explained the equalized value for the Town of Clyman is currently around 75%. In her research she also commented about the Town of Clyman is going to be required in the next two years be required to do a revaluation. Stephen explained that the State will mandate the revaluation if the Town does not hire an assessor and the Town will be required to pay all fees the State will incur. This is a route he did not recommend. He further explained that it is in the Town's best interest to keep the farm land monitored yearly during the maintenance years because the State of Wisconsin does have laws regarding farmland and their equalized values. Nancy questioned both Stephen and Brenda that during the maintenance years will they be able to have our Board of Review completed on time. She explained in years past our current assessor always had to extend BOR and this is no longer acceptable. Steve explained that while he did not bid for maintenance he would impose a penalty to his contract to satisfy the Town Board that he would have BOR done on time. Brenda explained that due to the size of our town she did not see a problem during a maintenance year but did explain that she allowed herself till the middle of August in her contract during a Revaluation year. Steve also stated that the middle of August in a reevaluation year is standard due to the work that is expected from the assessor. Also, revaluations require the assessor to walk through properties and this requires appointment setting in some cases. Nancy asked Brenda her experience. Brenda has never assessed before. She is new to this field and would be working with Erma Franke, an assessor since 1976 to assist her. Stephen explained that he has worked with the Village of Clyman since 2002 and Amy Nehls confirmed that when she was on the board with the Village of Clyman they did not ever have any issues and his assignments were completed on time. He further stated that he has been an assessor since 1992 and has owned Equity Appraisal since 2001. He further explained that outbuildings he does look into barns to see if there are living quarters. He further that based on his experience he does expect to see living quarters in barns and will evaluate them in depth if necessary. Dave /Chuck made motion to accept Equity Appraisal bid for 2010 and then advertise for public bid for 2011 maintenance. Motion carried.
Roll call was taken. Dave/Yes, Chuck/Yes, Nancy/No.
FIRE COMMISSION MEMEBRS APPOINTMENTS - Dave explained that he received verbal's from all interested parties and will have them do letters of interest for the file. Dave recommends Chief Tim Whitham, Johnson Creek Fire Department for a 3 year term. Gene Grulke, Theresa Fire Department for 2 year term, and Dave Biel Juneau Fire Department/ EM manager for Juneau, and Juneau Police Department, for 1 year term. Nancy questioned if there would be a conflict of interest with Dave Biel. Dave/Amy Nehls explained that they both have work with him and both believe his level of professionalism is high and he knows how to remain objective, especially in what could be hostile situations. Nancy/Chuck made motion to accept Tim Whitham, Gene Grulke, and Dave Biel as Fire Commissions members to represent the Town. Motion carried. Dave explained he does have others that are interested but at this time we will not appoint any alternates. It was recommended that all 5 members be sworn it at a joint meeting of both the Town/Village board. Dave explained that there is a 10 day window for swearing in members so he agrees with the joint meeting but he may need to swear in the members if necessary prior to the meeting.
LETTERS OF INTEREST FOR TOWN CLERK - Dave received one letter of interest however she was not a town citizen. He explained that he would like to add a sentence to the dumpster day postcard that the town is accepting applications for the Town Clerk position. If he does not receive any interest after the postcard is sent out he is going the start the process of changing the Clerk's position from elected to appointed. This would allow the board to hire a qualified person to fill the position. The current term of the existing clerk position runs until April 2011. Discussion regarding hiring a deputy clerk. Dave explained that the Clerk position has turned into a full-time position and the salary needs to compensate accordingly. It was also brought to the boards attention that they should set up a probation period for any new appointed clerk. Chuck recommended asking Chris Spiller to remain Clerk and hire a Deputy Clerk under Chris Spilker until the term expires in April of 2011.
TREASURER'S REPORT - Beginning Balance $18,195.81; Interest Earned $2.14; Deposits $23,150.60; Expenses $30,652.94; Ending Balance $23,150.60. Nancy/Chuck made motion to approve and pay the bills as presented. Motion carried.
CORRESPONDENCE LETTERS - Letter from Atty. Griggs regarding the Fire Truck repairs. Dave read the letter that Atty. Griggs sent to the Tank Company regarding repairs to Truck #1761.
Dave read a letter he received from Municipal Site Design in regards to servicing our website. Chuck explained that he services our website and only charges a per diem for that service.
Letter from Dodge County Highway Commission regarding Local Road Improvement Program. Dave explained that the Town received a grant for Junction Road in 2007 to rebuild the road completely. He further explained that in talking with Brian Field we can apply again for the same purpose and if approved we would have two grants for the rebuilding of Junction Road. Dave will work with Brian Field from Dodge County and report back to the board accordingly.
Letter from Quincey, Becker, Schuessler, & Chase, S.C. and a letter also from O'Meara Law Firm. Dave read both letters from the firms and explained that he was checking into pricing for a Town's Attorney to compare to Neuberger, Wakeman, Lorenz, & Griggs. Nancy explained that at the last joint meeting at the Lion's Hall she was upset in the manner of the way the meeting was conducted by Atty. Griggs. Dave explained to the board that the next step would be to put this as an agenda item and have a representative do a presentation to the board.
The first budget meeting for the town board to meet to discuss the 2010 budget will be October 29th at 6:00 pm. This is open to the public. The board also tentatively planned joint meeting with the Village Board for the Fire Department budget on October 26, 2009 at 6:30.
Annual Budget meeting tentatively scheduled for November 12, 2009 at 7:00 pm. (This has since been changed to November 18, 2009 at 7:00 pm)
NEXT MONTHLY MEETING DATE: November 9, 2009 at 7:00 pm.
Nancy/Chuck made motion to adjourn at 8:41 pm.
Town of Clyman Clerk
Regular Monthly Meeting
September 21, 2009 @ 7:00 PM
BOARD ATTENTANTS: Chairman Dave Blank, 1st Supervisor Nancy Schlender, 2nd Supervisor Chuck Burkholz, Treausrer Sandy Thoma.
The regular monthly meeting was called to order by Chairman Dave Blank at 7:00 PM. The Pledge of Allegiance was said.
MINUTES: Nancy/Chuck made motion to accept last months minutes as presented. Motion carried.
Nancy asked if there were any updates from previous outstanding issues from last month. Field entrance on Szerbat Road has not been paid yet. Canalas CUP was approved pending state's approval. Jerry F/Jim Lawton from General Engineering will be following up on this. Rural Mutual Insurance has been given updates of additional coverage for Fire Equipment and Trucks. Rural was also given inventory lists of Equipment and Radio's on hand, per Dave Blank and Fire Chief John Haase. Nancy questioned if we apply for a grant to build the new Fire Department building are we required to have and Engineer design it. It was explained that General Engineering has grant writer's on staff who have been successful in grant applications. Currently the Clyman Fire Department has people who have written grants in the past but have not received any grant funds from their requests. Nancy questioned the benefits of being in the Farm Bureau Family. It was explained that Rural Insurance automatically has any municipality they are covering sign up to the Farm Bureau also. This is at no additional charge to the town. The abandoned property on Hwy 60 is being investigated by Jim Lawton our Zoning Administrator. Dave advised Sandy as the Plan Commission clerk to put on the agenda to check into the procedures of abandoned property.
CITIZEN RECONGINATION: Joey Schuett, son of Roger and Lorri Schuett was recognized by an article written in the Watertown Daily Times this past month. The article was read aloud to the citizens. Nancy Schlender made it noted that the Town of Clyman is recognizing Joey Schuett for his outstanding tour of duty. Lydia Dornfeld of Dodgeland School, daughter of Tim/Mary Dornfeld was recognized for placing 5th in her last competition in Cross Country.
CITIZEN COMMENTS: Dave Blank let everyone know that during the citizen comments they will be timed to 3 minutes.
Bob White - Explained that he wanted to know how much the Town paid for the aerial photos of ULWR's Lagoons. He also wanted to know how they legally could form a Fire Commission. He felt it was an illegal meeting between the Town/Village regarding the boards taking control of the Fire Department. He also stated that the motion made at the joint meeting was illegal. He felt Brad Bailey thrown out of a regular town board meeting for being verbally abusive to the board and speaking out of turn was out of order. He felt that ULWR would of allowed the Town Board to visit the lagoon site if the board would have called to set up an appointment. He felt there have been many mistakes with Dave Blank as Chairman. He wants to know why every meeting we now have police officers. He felt the damage to the Fire Trucks was less than all the per diems we have paid to the boards for the meetings regarding the fire truck. He felt the Town Board needs to stop taking it personally when they are questioned about their decisions. Dave Blank explained to Mr. White that every meeting he held was legal. Dave explained that he contacted the Towns Association for the proper procedures to have an Emergency Meeting. He further explained that Mr. White has the right to contact the District Attorney of Dodge County with his complaints. Mr. White explained he did contact the District Attorney but they were not willing to get involved.
Michelle Decono: Stated she wants a copy of the State Statue regarding Emergency Meetings. She explained that State Statue 60.12 requires a 15 day notice for all meetings. She would like a copy of the State Statue that the Town's Association advised the board to follow for an Emergency Meeting. She explained she has contacted a State Representative regarding this matter. Dave explained for clairification the joint meeting was not a public hearing so it did not qualify for the 15 day notice as stated by Michelle. Furthermore, he explained that the Town's Association is who he contacts to make sure that he is following all state requirements when conducting any meeting. It was made very clear he had 2 hours to post and emergency meeting and the postings were up in the required time frame allowed.
FIRE COMMISSION PRESENTATION: Amy Nehls explained her background. She did a power point presentation for the Town Board. She went over the history of the Clyman Fire Department minutes. She explained on 1/3/33 the Fire Department was paid for their work performed. This made them paid employees not volunteers of the town. She went over Current Department Issues. In the Operation Options she talked about creating a Fire Commission running as a private Fire Association. She went over the State Statues as to why we have a Fire Department. She went over when a commission must be created according to State Statues. Number of Commissioners per State Statues, Appointment of Commissioners, General Commission Information including Removal of Commissioners, Commission Officers, Compensation for Commissioners, Frequency of Commission Meetings, Commission Organizational Structure, Commission's Duties per State Statue's. She continued with Discipline & Complaints; allowing 2 ways of handling to include Actions initiated by the Chief or Actions initiated by the Commission or an individual. Procedural “due process” Elements, Commission Hearings, Post Hearing Actions. She explained that she works with Emergency Management and posted the Following survey question by email to all Fire Departments in Wisconsin on 8/19/09; How many volunteer Fire Departments currently run under a Fire Commission. She noted that any Fire Department that receives budgeted dollars truly answers to the board but how many have formed a Commission to handle discipline/operating procedures. Answers to the Survey were detailed out. She listed her Recommendations. She explained that this is her recommendations but noted it is up to the Town/Village Board. Chuck questioned what a private Fire Department does. She explained that they are contracted thought the municipality. It would be similar to the same as we contract with Juneau EMS. Dave explained that private fire departments would then bill the resident that uses the service. Currently we do not charge the citizens unless we have extreme expenses incurred. Nancy questioned if population has something to do with why we municipalities form a commission. Amy explained that some municipalities are required to have fire/police commission due to the population but based on today's “sue” happy society a commission protects all local citizens and should be looked at even in the smaller municipalities. Question about boards with “special powers”. Dave explained that Beaver Dam has special powers. Amy read the email from the Beaver Dam Fire Chief explaining how the use there “special powers”. There boards are required to organize and supervise. Contracts for all operations are approved by the board and they oversee all expenditures and all the financial statements. Question about if we are in a violation of any state statues not forming a commission. Amy explained that as more issues arise this is when you should turn to the state statues and follow them in forming a Fire Commission. Question about keeping the Fire Department under dual control with the Village. She explained that it has been joint for as long as noted. The earliest minutes noted were 1940 when the Village/Town boards bought a battery charger for the Fire Department. Dave and Nancy both explained that the Fire Commission was brought back to the board this month because they wanted to take the time to educate themselves regarding a Fire Commission.
Eric Howett - Explained that he wanted to be corrected from last month's meeting. He felt that while he still believes in some of the points he brought up last month he has since been informed of the facts regarding the Fire Commission. He would like to see the Fire Department moved forward. Nancy explained that the last meeting at the Lion's hall was out of control and she also wanted to be more informed before passing the resolution to forming a Fire Commission. He wanted it noted that the boards need to bring the Fire Department back together.
Amy Nehls - Explained that Clyman has a Mutual Aide Contract with Dodge County so if some members do not want to stay on the fire department other departments are willing to help. Amy explained that she has a copy of the Mutual Aide Contract from Dodge County for anyone who would like a copy. Dave Blank read the Resolution #2009-12 Forming a Fire Commission. Laurel (Village Board Trustee) explained the Village's Police Commission is set up for three year terms. John Haase as Fire Chief explained that he supports the forming of a Fire Commission for the exact reasons listed in the presentation. Pat Morrison explained that he did not want the word citizen listed in the resolution. Amy explained that a citizen is a United States Citizen not a Town Citizen. She explained that her suggestion is to work outside of the community. Mike Thoma questioned if a member of the Fire Department can be on the Fire Commission. Dave Blank explained that the said commission would not have a member of the Fire Department because they are paid employees of the Town/Village. Amy explained that the resolution has to be the same resolution between the Village/Town. It was confirmed that the Village is presenting the same resolution at their next meeting. Question raised about who appoints the members of the commission. Town board is responsible for appointing 3 members and the Village is responsible for appointing 2 members.
Nancy/Chuck made motion to accept the Fire Commission Resolution #2009-12 Establishment of a Fire Commission.
Roll call was taken: Dave Yes; Nancy Yes; Chuck Yes; Motion carried.
Anyone interested in becoming a member of the Fire Commission should submit a letter of interest to the Town Board. Question raised about what the Commission members will be paid. Dave explained that they will pay the Fire Commission the same as other committee's/commission's of the Town. 1Per Diem = $40.00 for each meeting attended. Amy explained that the board can cap the salary on per diems if necessary.
ULWR and FINAL CUP 12/6/08: Town Clerk received information from General Engineering regarding ULWR. Included in this information is a two page report from Jerry F. detailing what he has observed in the last month. He also provided a number of reports for the board to review. Nancy/Dave made motion to table to next months meeting.
2010 REEVALUTION OF PERSONAL PROPERTY/REAL ESTATE: Dave explained that our current assessor notified him that we are required to do a reevaluation next year. The clerk also explained that the current assessor' contract is coming up for renewal at the end of 2009. Dave explained that he would like to see the reevaluation done over a 2 year process as it was done in the past.
Dave explained we had problems with Gardiner Appraisal regarding land splits over the past years and he would like other's to present offers if they are interested in being the assessor for the township. Question raised about why the town is doing a reassessment in 2010. The Clerk explained that the reason the assessment is being done in 2010 is we have been notified by the state that one is required. According to our current assessor if we do not do it in 2010 the State will then mandate one and will oversee the project. The township will be responsible for all costs incurred. Dave/Nancy made motion to post for bids on the Reevaluation for the Town of Clyman. Motion carried.
2010 CENSUS - Nancy read the Census Resolution #2009-013 Promotion of the 2010 Census. Chuck/Nancy made a motion to table Census Resolution #2009-013. Chuck wanted more information regarding forming a Census Committee. He also wanted to know how much the town will be charged for the Census study. The clerk will pass the information on to Chuck to follow up and report back next month. Motion carried.
Question raised about why we pay Oak Grove for Snow Plowing. Dave explained this is a verbal contract the two towns have agreed upon to plow part of road to the town line. It was to be noted the Supervisor's have been told Prideworks has been doing a good job this year. Nancy/Dave made motion to accept and pay the bills as presented. Motion carried.
CORRESPONDENCE LETTERS: Jeff Retzlaff emailed the Town Clerk saying that he was unaware of any Zoning changes in 2008. The clerk explained she was aware of some changes in 2007 and that the Zoning Books do not reflect the changes. She requested he send a PDF file listing the changes and she would post the file on the website for any citizen wanting to update their own zoning books.
He also provided a 2009 preliminary result on the Survey that was sent to the citizens in the Town of Clyman. Anyone interested in learning more should come to the PAC meeting on September 24, 2009 at 7:30 pm.
Dave explained Union Pacific Railroad sent correspondence for Caughlin Road, Junction Road, & Train Road repairs at the crossings will take place in 2010.
DNR sent information about the CWD updates. Some of township does allow for rifle hunting. Also he explained the boundaries of CWD in our area.
Rock River Basin/G-FLOW is having a meeting on Wednesday, October 28, 2009 from 6:00 - 7:30 pm.
Chuck Burkholz is interested in attending. The Clerk will find out where it is and let the board know at the next meeting.
Farm Bureau sent the town information regarding there next annual meeting at the Juneau Community Center on September 23, 2009 at 7:30 pm for any board members interested. It was explained that the board's members are eligible to attend because the township carries insurance through Rural Mutual Insurance and any municipality with Rural coverage is automatically a member of the Farm Bureau.
RESIGNATION LETTER FROM TOWN CLERK: The Town of Clyman Clerk read aloud a resignation letter to be filed due to the fact she has accepted another job offer. Dave asked that it be posted to appoint the next Town of Clyman Clerk. The requirements will include but not be limited to the individual must be a township resident. Dave explained that we need to increase the salary of the clerk's position in order to get and keep qualified candidates. Mary Lee Peterman confirmed that the Clerk's position today is not what it use to be. There are so many new laws and obligations required for the Clerk. She explained at budget time the town needs to consider raising the rate of the Town Clerk to keep a qualified person in the position. Dave explained the citizens decide the wages of the Town Board, Clerk, and Treasurer at the budget meeting or at the annual meeting but the change would not be effective until the next election.
Question raised about if we are done with ULWR. Dave explained that they have a CUP to follow and if they do follow it the clerk is still responsible for receiving a number of articles in the CUP. He further stated that if they don't follow the CUP that creates a lot of extra work for the board and the Town Clerk. It was noted that as long as ULWR remains in the township the clerk will have extra duties in regards to their CUP. Any other businesses looking to get established in the township may also be required to report the Town Clerk now that there is precedence. Dave/Nancy made motion to accept the resignation letter from town clerk. Motion carried.
NEXT MEETING DATE: November 12, 2009 at 7:00 pm.
Nancy/Chuck made motion to adjourn at 9:05 pm.
Town of Clyman Clerk
REGULAR MONTHLY MEETING
AUGUST 17, 2009 @ 7:00 PM
BOARD ATTENTANTS: Chairman Dave Blank, 1st Supervisor Nancy Schlender, 2nd Supervisor Chuck Burkholz, Treasurer Sandy Thoma.
The regular monthly meeting was called to order by Chairman Dave Blank at 7:00 pm. The Pledge of Allegiance was said.
MINUTES - Nancy/Chuck made motion to accept last months minutes as presented. Motion carried.
CITIZEN COMMENTS - Question raised about Szerbat road repair from last month. It was stated by Dave Blank that the agreement between the farmer and the Town Board was the field entrance would be repaired for $150.00. Nancy explained that the board was made aware of the damage by an anonymous letter. Jerry Froellmi explained that he works with other townships and in his experience if you can pin point who damaged the road then they should be responsible to pay. The town board explained that if a letter is sent to the board someone will look at the road and make a determination as to who will be responsible for the repairs. Question raised about any changes to the County zoning ordinances. It was discussed that the town has not received any changes but the clerk will check with Jeff Retzlaff and forward any changes to the board and also post the changes on the website. Statement made that if road work is completed in the town the board should consider using local businesses. Dave explained he works with Dodge County for road repairs, but in some cases of an immediate repair, he had the work completed by a competitor that was available immediately and had the lowest cost.
ULWR - Jerry Froemi had been notified that in late July of the progress with regard to the lagoon project for ULWR. He explained up until this time his last correspondence was that in April they were to begin the project. He explained that according to the CUP it was ULWR responsibility's to notify the Town's Engineer for review and observation of the liner's installation. He explained that the Environmental Consultant for ULWR was Strand & Associates. Jerry said that because they were the ones that prepared that plans he was surprised to hear in July that they were not the company that actually did the installation. The construction company that actually did the work was CQM. He was surprised because he did not learn this until he actually toured the lagoons with Dave Blank, Chuck Burkholz, and the ULWR owners in July. He further explained that according to the CUP the Town and the Town's Engineer should have been made aware of the change in Construction Engineers. He explained that he was concerned because he did not get an update of construction plans from CQM until late July. He has since done two onsite tours to date to oversee the progress regarding the covers. Jason Tracy explained that the first part of the covers for gases is completed and that the insulated layers have not been completed yet. Jerry confirmed there is a good level of quality in construction that CQM is doing. As the town's engineer he explained that while he is satisfied with the level of construction he is concerned about violations regarding the CUP on the lack of informing the town on their progress until late July. He expected updates from Strand as the original Engineer's of the lagoon project. He further explained that he felt there was a breach of the CUP with regards to the fact that either General Engineering or Strand was to oversee the installation of the liners, liner seal testing, and liner venting. When they decided to change Environmental Consultants the town should have been notified. He further explained that he received a letter from Stand in late July that they were not involved with the project. He does confirm that after further investigation that ULWR did hire a quality firm in landfill and lagoon construction. Strand did not have an expertise in this area. Jason confirmed that Strand was not a GEO technical firm so they are unable to do some of the testing required. He acknowledges that they change to work with a firm that was more comfortable with regards to landfills. Jason explained that the project is about 65 % to 70% complete. Jerry explained that because the monitoring well system has not been installed yet ULWR has not violated section 13 of the CUP. Any shop drawing should be sent to the town clerk to be forwarded to General Engineering. Jason confirmed Midwest Engineering will be installing the wells. Section 19 of the CUP requires a maintenance manual and land application plan that is required by the DNR to be provided at the 50 % construction completion point. He explained that this manual be made available immediately. Jason confirmed he has a call into Strand to get a copy. Section 20 of the CUP was to name his back up operator. Jerry reminded Jason to report at some time who that will be and that his primary operator has the level of certification required. Section 32of the CUP states ULWR should have notified the town of the mass grading phase, and the liner construction phase. Jerry confirmed again that after the site visits he is comfortable with the construction. He also did not notice any erosion. He is satisfied with the seam testing and the constructive testing being done. It was confirmed that ULWR will pay up to $5000.00 of costs incurred by the town for General Engineering to oversee the project. Jason confirmed that the plans are state approved. Question raised about whether Jerry should have visited the site more often to stay informed. Jerry as the Town's Engineer like any other construction site in the town the burden of proof is the owners responsibility to inform the town. The clerk explained she had not received any documents regarding the lagoon project after the March DNR approval to begin construction. In late July she confirmed she got copies of aerial photos of the lagoon projects to confirm how much progress was completed. Dave Blank explained to Jason that it is critical that ULWR owners submit documents to the town clerk to avoid confusion in the future and to stay compliant with the CUP. Jerry confirmed that the CUP confirms that at certain points of the project it is up to ULWR to notify the town to that the Town's Engineer can come out to oversee the project at those given points. The clerk has final copies of ULWR's CUP dated 12/6/08 with one attachment of Judge Bissionette's ruling.
The clerk read a letter from ULWR's attorney explaining they do not agree with the new policy of having either Jason Tracy or Bob Tracy Jr. drop off documents requested per the CUP to the town Clerk. Furthermore, with regards to the 2nd position the Town of Clyman holds it is being suggested in order to receive a copy of the documentation the town should work through council to get a copy. The letter stated ULWR is authorizing Steve Hoffman the Environmental Compliance Manager to drop off documents as needed. ULWR further felt that the receipt method is an agreeable way to insure what is being received is documented. Dave explained that the reason the town is requiring the owners of ULWR to turn in the documents rather than a representative is because ULWR feels documents were turned in and lost on the town side. The clerk stated all documents received have always been validated with a receipt that to date ULWR is unable to produce. She further explained this policy was recommended by General Engineering and Atty. Griggs before a letter was sent.
LAND SPLIT NW CORNER OF SECTION 25 off of HWY J - Dave explained that the two parties were neighbors and worked with Dodge County. They were just making the town aware of the split out of courtesy. It was confirmed Dodge County did approve the split of 5 acres between the two neighbors. Board acknowledgement noted.
JOESEPH CANALIS CUP & SIGN PERMIT- Pat Morrison as Chairman for the Plan Commission did make it clear that the town can make the decision to accept the CUP. Dave explained that Joe does have a letter from the County accepting his request regarding the waste issue. Question regarding the sign Joe was interested in putting up. Pat explained that because it's on a State Hwy he is required to follow State guidelines with the sign. Pat explained that he did meet the standards of the Zoning and he made copies of the pages for Canalis for future reference. Pat was unaware is Joe Canalis has submitted all approved documents to the zoning administrator. Nancy/Chuck made motion to accept the application of a CUP and a Sign Permit for Joe Canalis' new shop pending the state's approval and General Engineering approval of his sign application. Motion carried.
OPERATOR'S LICENSE - Dave read the operators license presented as a renewal. Chuck/Dave made motion to accept operators license as presented. Motion carried.
RURAL MUTUAL INSURANCE RENEWAL POLICY #BOP - Dave read over the policy. Question raised about the insurance coverage. This policy covers fire trucks, pollution clean up & removal, contamination, spoilage, town hall/fire department building, portable equipment,. Question raised if there is enough coverage. Fire Chief John Haase and Dave Blank will meet with Rural Insurance to discuss coverage further. Motion made Nancy/Chuck to accept the renewal of the policy after Dave Blank and Fire Chief John Haase meet with Rural Mutual to make the necessary changes in updating the coverage amounts. Motion carried.
PLAN COMMISSION CHAIRMAN'S ABSENCE - Pat Morrison explained that his job had required him to stay longer than originally anticipated and unfortunately due to the timing he was unable to notify anyone that he was not going to be able to make the required meetings. He explained that his job is not a 9-5 job and will take precedence when necessary. Dave asked that in the future he would like Pat to text him or call to make him aware if he does not plan on attending a meeting. Nancy explained that Pat is a valuable source of information with many years of experience for the Plan Commission. She further stated that we have members handbooks with rules and regulations and all boards & commission have to follow it. She explained good communication is necessary. Pat agreed in the future he will communicate with Dave Blank if he is unable to attend.
TREASURER'S REPORT - Sandy went over the cash flow report. Beginning Balance $4892.25 Interest $1.08 Income Deposited $20,027.19 Expenses $24840.42 Ending Balance $81.09. Nancy/Chuck made motion to accept cash flow report as presented. Motion carried.
FIRE COMMISSION RESOLUTION #2009-12 - Chris read the resolution. Question raised about whether it's a paid or a volunteer commission. The commission members would receive a per diem for meetings attended. This commission would become a budgeted line item in November if approved. Question about how the Fire Department handles issues now. The Fire Chief makes the decision's and then presents any issues necessary to the Town/Village Boards. Nancy stated that Atty. Griggs recommended that the Town/Village form a Fire Commission based on current events happening within the Fire Department. Dave opened the floor for citizens comments limited to 3 minutes.
Randy Nehls' (by letter) - Clerk read letter not in support of a Fire Commission.
Mike Thoma - Questioned what positions would be appointed by the Commission? The Commission would appoint the Chief, and then the Chief would appoint the line officers per Dave Blank.
Eric Howlett - Who will pay the per diems for the Commission? It would be a budgeted line item for both Town/Village just like other commissions formed. He felt the Fire Department could handle any problems internally. He further stated he felt that the Town had other issues where the monies could be utilized. He further stated that if we spend money on a Fire Commission that the board should not rely on the taxpayers to also build a new fire station. He also noted that the boards will need liability insurance if the commission is formed. He also did not agree with the board spending money to advertise in the paper for new commission members. He stated the town will not have a Fire Department if the officers are elected by the Fire Commission. He wants to see the Fire Department ran internally by the Fire Department. He felt it is a waste of taxpayer dollars to form a Fire Commission.
Dave Decono - Over the last 9 years he questioned how many issues have been brought to the Town/Village Boards? Dave Blank explained that without going back to the minutes he cannot confirm how many times an issue has been brought to the boards. The Fire Chief John Haase confirmed that in the last 3 years there has been zero issues brought to the Town/Village Boards.
Caroline Bailey - All officers should be elected not appointed. They should be elected by the people who work for the Fire Department. She felt it is “unfair government” if appointed. The clerk stated that the State Statue on the Fire Commission does state that the Commission appoints the Fire Chief. She questioned what if we don't form a commission? Dave explained it will be up to the Town/Village Board to oversee the Fire Department and will make any necessary decisions regarding the Fire Department.
Stan Jones - Would the boards consider putting this on a referendum for the taxpayers to vote on if they want a Fire Commission? Dave explained putting it on a referendum allows people unfamiliar with the Clyman Fire Department to decide for the Fire Department. Stan explained that it would be the boards responsibility to educate the taxpayers about the Clyman Fire Department and also educate the taxpayers more on a Fire Commission and then the taxpayers can vote on it. Dave explained that as elected officials both the Town/Village Boards need to make decisions based on all the information they have been provided by from the Fire Chief to make the best decisions for the Fire Department. Nancy explained that internal issues has prompted the boards to form a Fire Commission.
Ron Council - Are the Boards putting 5 people without Fire Department knowledge and/or experience on the Commission? Dave explained they would just not be active members of the Clyman Fire Department. Past fire fighters are acceptable. Ron felt asking 5 “lay” members of a commission who are currently not serving on the Clyman Fire Department to make decisions, is the same as putting it on a referendum and asking “lay” taxpayers to vote on the best interest of the Fire Department. He further stated that as elected officials the town pays you to make the tough decisions when they come before the board. The taxpayers expect the board to get all the facts and make the decisions. He further stated that the Fire Chief confirmed in the last 3 years this is the only incident reported to the board. He feels it is up to the Town/Village boards to make decisions for the Fire Department not a Fire Commission. He feels the taxpayers have a voice through the boards because if the majority of taxpayers do not agree with your decisions you will not be voted in at the next election. He does not agree with 5 “lay” people appointing a chief and then the appointed chief appointing his line officers. Dave Blank explained that the appointed officers would have to be approved by the Fire Commission and then also by the two boards. Ron felt that the commission is another group of paid people that is just not needed. He further stated that if the boards are handling issues every month in the future than discuss forming a Fire Commission, but he reminded the board this is the 1st issue in 3 years.
Michelle Decono - Question raised about why the Fire Department have bylaws if they are not going to be followed. Her second question was there were other issues that happened but why they were not brought be fore the board in the past. She felt this is a biased way of informing the boards. Other incidents were handled internally within the Fire Department. Nancy Schlender explained that the Town/Village will be meeting on 8/24/09 where the two boards will meet regarding issues that cannot discuss tonight. While she had answers for Michelle's questions, Nancy explained that her questions will be addressed at that meeting and are not the topic of tonight's meeting.
Bob White - Question about if the Town/Village don't agree on discipline actions. Dave explained that on discipline actions the Chief comes before the boards and asks if he has the support of the boards to reprimand as he see fit. The boards in a recent incident gave the Chief their support. Dave further explained that both boards in every case will due a roll call vote. He strongly opposes forming a Fire Commission. He further stated that the Fire Department should handle their problems internally. He felt that we trust these people to handle car accidents and when our houses are burning. We should trust them to handle their problems internally. He felt we have enough commission and committee's in the town. He further stated in his experience he has never seen an issue presented to the town board in the past other than spending funds to buy equipment. He also did not agree with forming a commission not made up of Fire Department members. He felt they should have a say within their own department.
Chuck explained that he is not in favor of a Fire Commission.
Charlie Zimmerman - He did not understand why to form a Fire Commission for one problem? If the two boards ultimately decide why form a Commission. He further stated in his years of experience very few problems come before the boards.
Eric Howlett - Explained that the Fire Department is volunteer and if you want protection keep it volunteer. If you run a department in diplomatic fashion you will not have a volunteer fire department. He further stated that if anyone has a fire and only 1 guy shows up he is only going to bring 1 truck out of five total. One guy cannot run all 5 the trucks by himself. He stressed to the boards to use their heads when making this decision.
Mike Thoma - Mike explained he has been on the Fire Deparment for 4 to 5 years. He further explained there is a chain of command. He stated that in his opinion everyone should be accountable for themselves. He felt that because the two boards did not want to submit the claim of an incident through the insurance company they just found someone to blame the incident on. He felt the only one benefiting in this was the attorney. He explained there is a chain of command. As a firefighter he reports to his line officers. The line officers report to the Chief. The Chief reports to the Town/Village boards. He feels that the fire department members should be allowed to vote for their line officers just like the town board is voted in by the town's people. And, if the fire department does not like the way the chain of command is handling situations, they will vote that person out and vote a new person in. He further stated that if the Fire Department agrees with your decision making process than you will be reelected to serve. He felt incidents should be handled internally.
Fire Chief John Haase had no comment at this time.
Stan Jones - He feels that hiring a commission to make the boards tough decision's make as much sense as hiring an Engineer Company to build a new Fire Station. He will be the first to go on record to say we are wasting taxpayer dollars hiring an Engineering Company to build a new Fire Department building. The town is being “taken to the cleaners” on that decision in his opinion.
Nancy values the Fire Department. She values the members in the Fire Department. She has been in this community since 1964. She felt that a lot of opinions were brought out that are based on a meeting to take place on 8/24/09. However, she felt as of tonight she is voting against forming a Fire Commission because of all the comments made tonight.
Nancy/Chuck made a motion to vote against forming a Fire Commission.
Roll call was taken.
Nancy roll Yes. Dave abstained. Chuck voted. Yes
Question raised if the 8/27/09 meeting is a public meeting. Dave explained at the request of the appeals letter it will be an open meeting at the Village Hall at 6:00 pm. Question raised about postings and also when correspondence letters need to be delivered to confirm they will be read at the meeting. Dave Blank read the “Possible” Rules for the Appeal Meeting. He explained that Atty. Griggs will run the meeting. Dave Blank, Randy Roberts, and Lorrie Hartman will be required to abstain when voting. The meeting shall pertain strictly to the disciplinary issue regarding Dave Decono and Marty Pint for an accident that happened on 7/3/09 involving a Clyman Fire Truck. Dave Decono and Marty Pint may call two witness's that may testify only on discipline issue and will be limited to 3 minutes. The boards are having local law enforcement at the meeting and will direct them to remove anyone talking out of turn or making disruptive comments. After the meeting the 5 remaining boards members have the option to meet in close session with Atty. Griggs for the purpose making a decision. A written decision will be provided within 48 hours.
Chuck asked if the next Monday meeting will be to decide if the boards want to override/support the Fire Chief's decision of reprimand? Dave Blank explained that the two boards are meeting because the boards received an Appeal Letter from Marty Pint and Dave Decono in regards to their reprimands issued by Fire Chief John Haase. Question raised about if others besides the two witness' will be able to speak? Dave explained that the witness' and Dave Decono/Marty Pint will be the only one's to speak but he will confirm with the Attorney. Question about if correspondence will be read aloud? Question raised about if Dave Decono & Marty Pint will be limited to 3 minutes? Correspondence will be read only if Atty. Griggs allows it at the night of the meeting. Question raised about citizens being able to talk. Nancy explained that concerned citizens should come to the meeting and the final rules will be under the direction of Atty. Griggs.
CORRESPONDENCE - a Welcome letter from the Farm Bureau Family. Dave Blank directed the clerk to get information regarding the benefits. Linda Greppi building permit from Dodge County was received and accepted. Dave explained that the contractor took down the original house but did not call in a control burn and a neighbor did report the fire. He reminded citizens to call in control burns to Dodge County. Jeff Retzlaff sent an email that he received over 100 survey's back already. He felt farmland preservation is still Clyman's biggest concern so far. His first public workshop did have a small crowd. He had hope for more of a turnout. Wisconsin Department of Administration sent a letter that our current population is 878.
The Town of Clyman has a new main phone number. It is 920-696-3073. There is an answering machine and the Clerk will be following up on all messages left.
CITIZEN'S COMMENTS - Ron Counsil - Explained that a property located by his property on Hwy 60 located on the left side of the road is abanded and that he has seen activity on the property. Dave explained that he will check with Jim Lawton about it. John Gunzel is the property owner. Citizen explained that there is a state statue regarding a banded property. Dave will check with county to see if taxes are up to date.
Chuck asked Mary Kreuziger if she felt satisfied with the answer regarding Szerbat Road. Dave explained the situation and acknowledge that in the future he will let the citizens know a head of time if he needs to make a repair to a drive that they will be responsible for. He confirmed that the repair was not on the Town Road but in the town's right of way.
NEXT MEETING DATE - September 21, 2009 @ 7:00 pm.
Motion by Nancy/Chuck to adjourn at 9:15 pm..
REGULAR MONTHLY MEETING
JULY 22, 2009 @ 7:00 P.M.
BOARD ATTENDANTS: Chairman Dave Blank, 1st Supervisor Nancy Schlender, 2nd Supervisor Chuck Burkholz, Treasurer Sandy Thoma.
The regular monthly meeting was called to order by Chairman Dave Blank at 7:00pm. The Pledge of Allegiance was said.
MINUTES - Chuck/Nancy made motion to accept minutes from last month's meeting. Motion carried.
CITIZEN'S COMMENTS - Question raised about many times Neal Sietz of Prideworks is required to mow the ditches in the Town. By contract he will mow twice a year. His first cut was in July.
ADOPTION OF ORDIANCE 2009-03 (GENERAL ENGINEERING CO) - Dan Huebner of General Engineering explained that he worked with the State of Wisconsin and with Atty. Griggs to draft a set of regulations between the Town of Clyman and General Engineering Company. Dave questioned when a homeowner would need a permit. Dan explained that if you are getting a new service into the house you would be required to get a permit. This is effective 8/1/2009. Question raised about fencing. Dan further explained that you do not need a permit for fences per the Town's Zoning. Question raised about sheds. If a shed is connected to the ground it will need a permit but a portable ones does not. Nancy/Chuck made motion to adopt uniform dwelling Code Ordinance 2009-03 from General Engineering Co. Motion carried.
SZERBAT ROAD REPAIR - Dave read a letter from a citizen concerned about the damage to the road. The letter stated they did not want taxpayer dollars to pay to fix the road when the farmer damaged the road. Dave explained that their was damage on Szerbat Road and that he did have to repair the road by laying gravel and grading the area. Fred and John Wellach currently farm the field on Szerbat road. John Wellach stated that someone is digging up stones along the fence line on Szerbat Road. John further explained if it was their equipment that caused the damage they would of preferred to be notified prior to the repair because they could of fixed it for less than the town is now charging. Dave/Nancy made motion that Szerbat Road repair be charged $150.00 rather than the original invoice billed at $358.80. Motion carried.
The invoice will be mailed to Fred Wellach and he verbally accepted responsibility for the damage. He also stated he will be paying the $150.00 as agreed.
DRAINAGE ON STANTON ROAD - Chuck explained that the town recently replaced the culvert on Stanton Road. Chuck further explained that due to the excess runoff from the East side fields located on Stanton Road he would like a ditch put on the South side of Stanton Road. It would be approximately 600 feet. Currently the flow runs into Dan Reen's field. Chuck explained that Dan Reen would approve a ditch running along the south side of Stanton Road. It would then run into a tiled line and follow the natural water flow already existing. Dave explained that we would have to place a project of this size out for bid. The town would also have to budget for this project. Nancy/Chuck motioned to table bidding for the Stanton Road ditch project until October of 2009. Motion carried.
OPERATOR'S LICENSE - Dave stated that he would like a line added to the operator's license application indicating what establishment the applicant will be working for. Dave/Nancy made a motion to approve all operator licenses presented. Motion carried.
LEASE AGREEMENT WITH VILLAGE OF CLYMAN - Dave explained that the town is in the process of setting up a Town of Clyman phone line with it's own phone number. Nancy explained that the clerk should setup regular hours and notify the citizens. Chris S. will set up regular hours starting Sept 1, 2009. Chuck/Nancy made motion to accept Monthly Lease Agreement with the Village of Clyman to establish office space for the Clerk/Treasurer of the Town of Clyman. Motion carried.
BUDGET RESOLUTION NO. 2009-08 - Nancy questioned why we are taking funds from Road Maintenance to pay other expenses. It was explained that based on minimal work done to the roads this year there are extra funds under Road Maintenance that can be utilized. Nancy/Chuck made motion to accept Budget Resolution 2009-08 that states $350.00 will be transferred monthly from Road Maintenance to be applied towards the Lease Agreement between the Town of Clyman and the Village of Clyman. Motion carried.
BUDGET RESOLUTION NO. 2009-09 - Chuck questioned about the amount of $2,607.98. This is the amount that ULWR pay's the Town of Clyman each month per the final CUP dated 12/8/08. Dave/Chuck made motion to accept Budget Resolution 2009-09 which state to accept the funds from ULWR on a monthly basis as agreed with the final CUP dated 12/8/08 and transfer $2,607.98 once to the Clyman Fire Dept. Needs Assessment Committee. Motion carried.
It was noted that The Clyman Fire Department does have a $3000.00 spending allowance as agreed at the 2009 Annual Meeting and if they need the full amount, the Town of Clyman Clerk will draft another Budget Resolution to reflect the $392.02 difference.
PETITION for REPAIR OF RAILROAD CROSSING - Dave read the resolutions. Nancy/Chuck made motion to accept Resolution 2009-10 & 2009-11 Petition for the Repairs of an At-Grade Crossing for Junction Road & Train Road. Motion carried.
LETTER OF INTEREST FOR PLAN COMMISSION MEMEBR - Dave read the Letter of Interest from Sandy Thoma to become the 5th member of the Plan Commission. Sandy stated that if accepted as the 5th member she will still continue her duties as the Clerk for the Plan Commission. Chuck/Nancy made motion to accept Sandy Thoma as the 5th member for the Plan Commission. Dave abstained. Motion carried.
LETTER OF RESIGNATION FOR PLAN COMMISSION MEMBER & PAC COMMITTEE MEMBER - Dave read the Resignation letter from Eugene Bogard regarding his resignation from the Plan Commission and the Plan Advisory Board. Nancy/Chuck made motion to accept Eugene Bogard's letter of resignation from the Plan Commission and the Plan Advisory Board. Motion carried.
Dave explained he would like two postings placed in the paper. The 1st for the Town of Clyman seeking a new member of Plan Commission. The 2nd one would be for The Town of Clyman seeking an alternate for the Appeals Board due the recent death of Richard Green.
TREASURER'S REPORT - Sandy read the Cash Flow report. Beginning Balance $9,413.84; Total Income was $31,542.44; Expense Total $36,063.85; Interest Paid $.81 Ending Balance is $4,893.24. Chuck questioned the bills from the Fire Department. It was explained that the Village clerk breaks down each expense from the Fire Department/1st Responders. The breakdown is 76% for the town and 24% for the Village. Then the Village will invoice the town for their portion to be paid quarterly. Dave questioned Watertown Daily Times billing. Extra posting this month included the Liquor Licensing's for local establishments. Nancy/Chuck made motion to accept Treasurer's Report and pay Invoices as presented. Motion carried.
CORRESPONDENCE - Nancy questioned when Creek Road will be repaired. Dave explained that they will not to be able to repair the road for about 3 weeks. He will put up a barricade until it is fixed.
CITIZENS COMMENTS - Question raised about Quest Road having damage. Dave will have County patch three spots on Quest Road.
Next Meeting Date - August 17, 2009 @ 7:00pm
Nancy/Chuck made motion to adjourn monthly meeting at 8:20 pm. Respectfully Submitted;
Chris Spilker - T of Clyman Clerk
BOARD OF REVIEW HEARING
JUNE 8, 2009 @ 6:45 PM
Attendants: Mike Thoma, Jamie Sutfin
The Board of Review was called to order by Chairman Dave Blank at 6:46 pm with Chuck Burkholz not present. Jamie Sutfin from Gardiner Appraisal Services explained that the roll was not complete and that the Board of Review will adjourn until July 1, 2009 at 7:00 pm.
Motion by Dave/Nancy to adjourn until July 1, 2009 at 7:00 pm. Motion carried
Dave confirmed that Open Book will take place on June 24, 2009 from 5-7 pm.
Motion by Dave/Nancy to adjourn Board of Review Hearing at 6:57 pm. Motion carried.
TOWN OF CLYMAN
JUNE 8, 2009 @ 7:00 PM
Attendants: Mike Thoma, John Haase, Sherry Haase, Mary Kreuziger, Margaret Johansson, Marjorie Gahlman Rick Remmington, Tim Huber, Jeff Kreuziger, & Dean Schuett
The monthly meeting was called to order by Chairman Dave Blank at 7:02 pm. The Pledge of Allegiance was said.
Minutes - Chuck/Nancy made motion to accept minutes from last month minutes. Motion carried.
Citizen Comments - No comments.
Town of Clyman vs. ULWR Case #08CV591 - Dave explained that the town filed a motion to withdraw Appeal Case #08CV591 from the Court of Appeals. He also explained that the town will not pursue any further legation with ULWR in regards to Case #08CV591at Dodge County Court per the town citizens requests from the annual meeting.
Repayment Plan with Reinhart, Boerner, Van Deuren s.c. - Dave explained that he discussed with Ray Roder a payment plan. A monthly payment of $1781.00 would be paid until December 2010 regarding Matter #2 (Waste Water CUP) as agreed at the appeals meeting in November 2008. Sandy explained that the town will make a payment of $7,483.48 to be applied to Matter #3 (Litigation on ULWR`s Non-Waste Water Operations). In August a payment of $8,546.00 will be applied to Matter #4 (Litigation on ULWR`s Failure to Obtain CUP`s). The town will then make a final payment of the balance due in December 2009.
Nancy requested a thank you letter be sent to Raymond Roder from the town thanking him for his services. Chris S. will send him a thank you note on behalf of the Town Board.
Beer & Operators License - Dave read through the applications received for an Operator's License.
Nancy/Chuck made motion to accept all Operator's License presented and to accept all Bartender's License presented. Motion carried.
Adoption of Professional Agreement 2009-10 with Jeff Retzlaff - Nancy questioned his per hour charge. Jeff R. will receive $80.00 per hour for his services per his agreement.
Nancy/Chuck made a motion to accept the Professional Agreement 2009-10 with Jeff Retzlaff. Motion carried.
Jeff Retzlaff Project Proposal Resolution #2009-06 - Chuck questioned if there was a maximum limit Jeff Retzlaff could charge the town. In his agreement on Page 9 it stated the project proposal costs. Project Base Cost $9,975.00 Opinion Survey Cost $2,995.00 Mapping Cost $2500.00. Chuck questioned the cost of the survey's. Dave explained that if the committee participates we will be able to reduce some of the cost. Further discussion was held over his Project Proposal Costs. Question raised about additional meetings cost. On page 9 of the Comprehensive Plan Project Proposal additional meetings would cost $250 - $350 depending on actual expenses. Nancy would like Jeff R. to confirm he would accept his payments over 2 years as originally discussed. Chris S. will confirm with Jeff R. and report back to the board.
Nancy/Chuck made motion to accept Jef Retzlaff's Project Proposal with an agreement confirmed in writing that Jeff Retzlaff will accept his payments over a 2 year period. Roll call was taken. Dave Yes, Nancy Yes, Chuck Yes. Motion carried.
Repair At-Grade Crossing with Union Pacific Railroad Resolution #2009-07 - Dave explained that this resolution is needed to repair the railroad tracks at Caughlin Road. He explained that the Village shares these tracks and they were also required to fill out a resolution. He explained he would like a resolution for the other railroad tracks located in the town to also be repaired. Chris S. will complete additional resolution's and add them to next month's agenda.
Nancy/Chuck made motion to accept Resolution #2009-07 for Petition to Repair an At-Grade Crossing with Union Pacific Rail Road. Roll call was taken. Dave Yes, Nancy Yes, Chuck Yes. Motion carried.
Rural Mutual Insurance - Dave/Chuck made motion to accept the Renewal for Rural Mutual Insurance Policy #WRKG041378 & #BOPG041321.
Fire Department Building - John Haase Fire Chief explained he would like to talk with the Village about their land currently being used as a baseball field located in the Village as a possible site for the new Fire Department building. He explained there is not enough room currently at the existing location. Marty Sell will have plans and cost estimates by the end of this week. The Needs Assessment Committee recommends working with Marty Sell because of his residency within the town and also his past business relationship he has had with the Fire Department.
Treasurer's Report - Sandy read the Cash Flow Statement for June 8, 2009. Beginning Balance 5/11/09 was $15,619.46. Interest Paid $.95. Income Total Deposited $13,722.48 Net Cash Expenses $19,929.05 Cash Ending Balance as of 6/8/09 was $9,413.84.
Correspondence - Dave explained that he put 2 culvert's in at Marty Sell's driveway. He also explained he received a letter from a citizen about the Szerbat's road in need of repair. Dave explained he did have to dump gravel to repair the road. Chris S. will call Ms. Szerbat's to make her aware that she will be billed due to the fact that it is a field drive and she will be responsible for the repayment to the town.
Nancy explained that on June 25th at 6:00 pm the Town Board was invited to meet with the Village Board at the Village Hall regarding Comprehensive Planning.
July 18th at the Village Park the Fire Department will be hosting a 100 year Anniversary Celebration. There will food, drinks, and games. All are invited. Flyers will be posted around the Town/Village.
Dave explained that he received calls regarding Dean Schuett's driveway off of County DJ. Dean explained that he is working with Dodge County to put culverts in by the wetlands. He also explained that he told the contractor to stay back 10 feet from the fence line.
The next meeting for Smart Growth/PAC meeting will be July 16, 2009 at 7:30 pm.
Dave stated he looked at the SGS Slurry Storage and it was not overflowing when he was there.
Next Meeting - July 20, 2009 at 7:00 pm.
Nancy/Chuck made motion to adjourn monthly meeting at 8:42 pm. Motion carried.
Town of Clyman Clerk
REGULAR MONTHLY MEETING
Attendants: Norm Huber, David Huber, Rick Jansen, Marylee Peterman, Margaret Johansson, Marjorie Gahlman, John Haase, Jason Jackson, Marty Sell, Mark Holl, Jeff Crum, Brad Bailey, Duane Schuett, Dean Schuett, Tom Peterman, Mike McLay, Atty. Griggs, Pat Morrison,
The meeting was called to order by Chairman Blank at 7:10 pm with all board members present. The Pledge of Allegiance was said.
Minutes - The minutes from the previous meeting were reviewed. Changes included under Comprehensive Planning Committee Tom Peterson should be Tom Peterman. Also under viewing roads, it was listed as May 23rd should have been April 23rd. Nancy/Chuck made motion to accepted minutes with those two changes. Motion carried.
General Engineering - Jason Jackson addressed the board regarding the new fire department building project and also General Engineering doing the Grants. He included Town of Oxford's plans. Jason explained that General Engineering would work with the town on Grant funding and building a new building. Grants would only be available on a new building and Jason said if we would look at renovating the existing hall General Engineering would work with the town on trying to get a grant funding but could not guarantee it would be available. Jason says when estimating it would cost about $100.00 per sq ft. General Engineering would base this project on an hourly fee. They would also give us a quote in the beginning based on our needs prior to construction. General Engineering would also work with John Haase rather than working with any special studies when creating the design. Question raised about MSA doing a presentation also. Dave recommended that John Haase should also be present for MSA (Marty Sell) presentation. Then John Haase could determine which company he would like to work with. Jason explained the difference of working with wooden vs. steel building. Question raised about working with Town of Emmet on some of their calls to create additional income. There is limited manpower for Clyman's firefighters/1st Responder's during daytime hours. John and the needs assessments committee will meet with MSA and then report back to the Town Board on his recommendation.
Town of Clyman vs. ULWR - Atty. Griggs explained that he talked with ULWR regarding the four stipulations from last month.. Atty. Griggs said that ULWR agreed they would drop adding paragraph 44 if the Town would drop the Appeal 08 CV 591. Atty. Griggs did advise that by dropping the Appeal 08 CV 591 does allow ULWR to possibly add a small amount of municipal waste and then they are allowed to spread. Chuck Burkholz questioned the hours of operation. Dave explained that they still have to follow the CUP. Nancy explained that the DNR is working with ULWR closely and Griggs agreed. Nancy also explained that the citizens want the town of Clyman to discontinue the Appeal. In regards to #4 of the stipulations`, Griggs would attached Judge Bissonnette's decision to the CUP regarding the state statue he refers too. Atty. Griggs also explained he would be finishing the paperwork in the court. Nancy/Chuck made motion to accept stipulations as written by Atty. Griggs.
1. The parties stipulate to dismissal of the lawsuit in Dodge County Case No. 08-CV-591, with prejudice and with no cost to either party. This means that the lawsuit would be dismissed and could not be refiled and neither party would owe any money to the other as a consequence of the dismissal.
2. Neither party would appeal the decisions made in the lawsuit identified as Dodge County Case No. 08-CV-591, including the fact that there would not be any appeal of the Court's
January 5, 2009 decision.
3. ULWR shall agree to be bound by the terms of the Conditional Use Permit, except for those terms regulating in any way the land application of waste containing sewage sludge, i.e. municipal waste or municipal sludge, pursuant to the Court's order in the lawsuit filed on January 5, 2009.
Roll call was taken. Dave Yes, Nancy Yes, Chuck Yes. Motion carried.
Ray Roder's email dated May 4, 2009 was read aloud to the citizens in regards to outstanding fees. Chris explained she emailed Atty. Roder and referred him back to the Appeal meeting minutes dated December 8, 2008 in which he said he would be willing to defer his Attorney costs for two years without interest. Roder responded by email to which further explained he would be willing to defer only matter #2 regarding the CUP land application of waste water and for construction of operation of waste water treatment facilities. He would like payment in full of all other outstanding cases by June 30, 2009. Atty. Griggs agreed that he was at the same Appeals meeting and felt that Ray Roder did not explain that only one matter was allowed to be deferred. He further explained that back in December 2008 some of the legal services Atty. Roder supplied were not yet being discussed or billed. Atty. Griggs said although Atty. Roder should have been more specific he felt that Chris should call Atty. Roder and have him detail all of the legal services to the town. Question raised about how much we currently owe ULWR. Atty. Griggs advised the board to make Atty. Roder be bound to his statement he made in December 2008 at the Appeal`s meeting or possibly get reduced rates on all matters if paid by the due date of June 30, 2009. Dave explained that we will confirm in writing all of the outstanding matters with Atty. Roder for next month.
Huber Road and Dean Schuett's Driveway - Atty. Griggs looked at all maps and the deed in regards to Huber Road. He clarified that it was a 3 rod road. This is as of 1941. Dean Schuett's closed on the purchase of his property on the 18th of June 2008. At this time he asked the town chairman about putting a driveway on Huber Road. Dave confirmed that he gave Dean approval to put a driveway in off of Huber Road. Dean Schuett clarified that he is going to use the driveway for field access for now but he may use it in the future for a house. Dwayne Schuett explained that he is having trouble with getting an access driveway off of DJ. The county is getting stricter with driveway entrance regulations. Dodge county requires 500 feet between driveways. Question raised about how far a driveway needs to be off a property line. Dean explained that he had county approval to put in a driveway off of DJ. On page 44, section 8.1 of the Zoning book, all driveways should be located 10 ft. from property line. Dave further explained that if Dodge County approves the location of Dean Schuett's driveway off of DJ he would only have to verify with the town that he is 10 ft. from the property line per Zoning Regulations. Further Discussion held. Norm Huber explained that due to his large equipment they would not be able to pass each other on Huber Road. Nancy explained they need to watch for each other and work together. Further discussion held. Dave explained that if the Schuett's /Huber's have trouble seeing each other on Huber Road when driving the farm equipment than he will come in and clean out all the trees along the town road. Huber explained that he has an agreement with Wally Strauss to buy some of the Wet lands in the town of Emmet. Atty. Griggs quoted State Statue 66.183 and told Norm Huber he would have to petition the board if he wants discontinue a public way. Norm Huber explained that if he would petition the board he would still allow access to Schuett property at the end of the drive. Atty. Griggs recommended Norm Huber to contact an attorney if he is interested in petitioning for discontinuance of a town road. Huber Road will remain a town road and Dean Schuett currently has a gravel driveway on Huber Road to access his land.
Comprehensive Plan Committee - Tom Peterman explained that he his currently retired but owned a golf course. Jeff Crum was also present and explained his interest in joining the committee. Dave read the additional letters of interest. Dave also read a letter from Mark Holl who felt he would have a biased opinion because of his current farm being an area of interest for development. Mike Mclay and Mary Lee Peterman asked Mark Holl to reconsider. Mark Holl will reconsider. Dave recommended all the letters of interest including Mark Holl be the Comprehensive Plan Committee. Dave also recommended that 3 members from the Plan Commission and Dave Blank also be on the committee. Chuck/Nancy made motion to appoint all 7 people, 3 Plan Commission members and Dave Blank from the town board as the new Comprehensive Plan Committee. Motion carried.
Appeals Board Reappointment - Dave read letters of interest in regards to the Appeals committee. Dave recommended that Mary Kreuziger fill the position and publish for an alternative. Nancy/Chuck made motion that we appoint Mary Krueziger as an Appeal Board member and post for an Appeal Board Alternate. Motion carried.
Plan Commission Chairman - Nancy/Chuck made motion that we reappoint Pat Morrison as Chairman. Motion carried. The Plan commission will finalize at next meeting.
Citizen Comment - Dwayne made comment regarding the tanks from ULWR. At the top of the hill he said it looks like run over. Dave explained he will look at it tomorrow. He said he will contact the DNR if necessary. Erdman Recycling has some mess in the ditch. Dave will visit with Mr. Erdman and ask him to clean it up. Question raised regarding Eagle Road's Culvert. Dave explained that he would like to get new walls poured and put up guards. He is currently working with Dodge County. Dave also read a letter from Kris Kohlhoff thanking the town for all we did for her. Dave also got a letter from the Railroad with regard to Cauglin Road. He recommends sending a resolution to Union Pacific Railroad.
Treasurer's Report - Chris listed the Treasurer's report. Nancy/Chuck made motion to approve Treasurer's report as listed.
Correspondence - Dave explained that county will be marking roads. He also explained the Town County Meeting agenda. General Engineering will on next month agenda with regard to Commercial Fee update. Nancy said she received a call because we did not send postcards out this year for Dumpster Day's. Nancy recommended it be on the same day and time in the future so people always know when it is. She would also like it posted in the end of the year letter that goes out with taxes. She also explained there are 3 tires laying on County CJ. Dave advised Nancy to call Dodge County to pickup the tires.
Next Meeting Date - Set next month meeting at 7:00 p.m. on June 8th. Open Book will be 6:45 p.m.
Dave/Chuck made motion to adjourn at 9:45 p.m. Motion carried.
Respectfully Submitted by:
Town of Clyman Clerk
Minutes amended per Atty. Griggs by letter dated 8/12/09.
REGULAR TOWN BOARD MEETING
APRIL 20, 2009
Attendants: Rick Remmington, Brad/Caroline Bailey, Marty Pint, Marjorie Gahlman, Sherry Haase, Rick Craemer, Eric Howlett, Dave Decono, Dean Schuett, Marion Holl, Judy Holl, Mark Holl, Charlie Zimmermann, Mary Kreuziger, John Haase, Jeff/Jean Kreuziger, Duane Schuett, Norm Huber, Don Schuett, Atty Griggs, and Fred Wellach
The meeting was called to order by Chairman Dave Blank at 7:05 pm, with all board members present. The Pledge of Allegiance was said.
MINUTES - The minutes from the previous meeting were reviewed. Motion by Nancy/Chuck seconded for accepting last months minutes as printed. Motion carried
LAND SPLIT - Rick Craemer - The property is located at N4398 County Road M, Juneau, being part of tax key number 012-1015-1014-000, being part of the SE ¼ pt the NE ¼ of Section 10, Town of Clyman, Dodge County, Wisconsin. He is looking to split off less than one acre with a modular on it and a 2 ½ car detached garage. There would be room for a septic in the future if necessary. Dave Blank explained that there would not be a lot of room for any other buildings. Nancy explained that in the future she would like others to split off more land to give new owners more space to build accessory buildings. Chuck asked if the zoning book listed the requirements for splitting off a small parcel. Currently, the zoning book does not list a minimum requirement. Dave said that Craemer could do just an acre. Craemer said additional land would be available for purchase if the new owners would want more. Craemer said it is only about ¾ of an acre due to natural boundaries. But, again he will make split to one full acre if necessary. Nancy motioned to accept split per the Zoning Administrator approving that less than one acre is acceptable. Dave Blank seconded. Motion carried.
NO SMOKING ORDINANCE - Dave explained that this would be the entire building including all areas and it would include all the fire meetings also. Dave read the ordinance to the people. Motion by Nancy/Chuck to accept the No Smoking Ordinance. Motion carried.
TAKING BACK TOWN ROADS - Dave had two requests about citizens taking back town roads. Landmeier Road off of Hogsback.Road and Huber Road. Al Haberlin would be interested in taking back Landmeier Road. Dave explained he did not foresee a problem with Haberlin taking back Landmeier Road as long as the state statue is followed for a platted road. A public hearing will be held in the future.
Dave contacted Dodge County regarding Huber Road. Dave explained that Dodge County would not approve Norm Huber taking back Huber Road because it would create a landlocked parcel. Dave talked with Dean Perlick at Dodge County and he confirmed it would create a landlocked parcel. Norm said he is not creating a land lock parcel. Dean Schuett would be looking to build in the future and would be able to access his “new” house off of DJ. This is currently 39.6 acres. Question was raised how many splits would be allowed for this parcel. This parcel would be allowed 2 splits with a farm development, only 1 split if non-farming. Atty. Griggs explained that Norm needs 66 ft of right of way to access a town or county road. Norm Huber could not take back this road because he is less than 66 ft. Norm will be talking to Dodge County and addressing them with his plan. Dave also recommended that Dean Schuett talk with county about his plan. Then come back to the board for next month to ask for a public hearing. This will be tabled until both parties come back with what Dodge County recommends. There has also been a brush issue per Dean Schuett. The brush is currently on the east side on the Huber Road. Norm would want Dean to leave some of the hardwoods. D. Schuett made mention that when the land was purchased he did have the Chairman's permission to clean up the brush. Dave recommended that both parties work it out. Atty. Griggs agreed with Dave that they should work it out themselves and come back to the board if there is still an issue.
TOWN OF CLYMAN VS. ULWR 08 CV 591 - Atty. Griggs read the email sent to the board dated April 17, 2009 stressing the following points.
1. The parties stipulate to dismissal of the lawsuit in Dodge County Case No. 08-CV-591, with prejudice and with no cost to either party. This means that the lawsuit would be dismissed and could not be refiled and neither party would owe any money to the other as a consequence of the dismissal.
2. Neither party would appeal the decisions made in the lawsuit identified as Dodge County Case No. 08-CV-591, including the fact that there would not be any appeal of the Court's January 5, 2009 decision.
3. The following language shall be put in place of the former paragraph 44 and paragraph 44 of the CUP shall now read, to the extent this CUP differs in any respect from the Town's Zoning Ordinance, the terms of this CUP shall control.
4. ULWR shall agree to be bound by the terms of the Conditional Use Permit, except for those terms regulating in any way the land application of waste containing sewage sludge, i.e. municipal waste or municipal sludge, pursuant to the Court's order in the lawsuit filed on January 5, 2009.
Atty Griggs explained that the proposal regarding municipal waste opens a huge loophole. Specifically, ULWR could add a small amount of municipal waste to any waste stream and be able to spread the waste without having to comply with the terms of the Conditional Use Permit. Atty. Griggs suggests is that the Town look at agreeing that if the waste stream is only municipal waste then ULWR has the right to directly apply that waste to a field without needing to comply with the terms of the Conditional Use Permit. He further explained language should be added to the effect that ULWR shall not work around the Conditional Use Permit for any waste other than municipal waste. Specifically, ULWR shall not change the character of waste simply by adding a small amount of municipal waste as a means of getting around the Conditional Use Permit. If they do not agree to the proposed language then the Town of Clyman should continue with the current appeal. Griggs contacted ULWR/Amy Tutweiler with this language and ULWR sent a letter to Atty. Griggs that they do not agree with the new language per Amy Tutweiler. ULWR is not interested in changing the language and would only support dismissing the Appeal to avoid further costs. Atty. Griggs believes that although Judge Bissonnette did not agree with the Town he still believes that the Town Board should still try to control the hours of operation. Further discussion took place. Rick Remmington confirmed that they had to reapply with the DNR and do not have the same acreage as when the CUP was first constructed. Rick then explained what he and the DNR do to obtain a permit. Further discussion was held. Question raised that if municipal sludge is added then they are allowed to directly apply to the fields. Griggs confirmed that this is a true statement. Rick Remmington said they are not dumping any municipal sludge into the tanks. Further discussion regarding point # 3 with regards to paragraph 44 with Atty Griggs. Nancy reminded everyone that last month's meeting confirmed that the town citizens did not want the Town of Clyman to continue with the Appeal. Further discussion held. Charlie Zimmerman made the point that ULWR has to pay the $62,000.00 regardless of the negotiations. If they don't pay the Town of Clyman can revoke the CUP. Question raised that if ULWR sets up a new treatment facility can they mix municipal sludge into the tanks? Atty. Griggs explained that it would be up to the DNR to control ULWR and monitor any mixing. Atty. Griggs re-read the four settlement negotiations with ULWR. Question raised if Rick Remmington is an authorized representative. Rick Remmington said he does work for ULWR and he is answering the board's questions to the best of his knowledge. Charlie Zimmerman made a statement that they can take municipal waste and directly apply. It does not have to run through the lagoons. They are interested in putting it in the lagoons to get the fuel energy out of it and to control the smell. Question raised why they want to add paragraph 44 back into the CUP. Atty. Griggs recommended rather than talking to ULWR he would rather compare the CUP to the Zoning. Chuck explained that he asked Bob Tracy Jr. why he wanted to add paragraph 44 and explained his answer was that if anyone would challenge ULWR he could refer them back to paragraph 44. Further discussion held regarding the #4 settlements negotiations per Andy Griggs email. Atty. Griggs recommended that the board table it to next month and put any further litigation on hold until next month. Motion by Nancy/Dave to agree to #1, agree to #2, further question #3 and agree to #4. Roll Call vote taken. Dave yes. Nancy Yes. Chuck No. Motioned carried.
CUP's and other fees from General Engineering - Dave read the fee schedule presented from General Engineering. Motion by Nancy/Chuck to accept new fee schedule from General Engineering. Motion carried.
Handbook for Members of Town Board, Commissions, and Committees - Nancy/Dave seconded to accept the handbook as printed.
Comprehensive Planning Committee - Dave said he has interested people for the Comprehensive Planning Committee. Mark Holl, Stan Jones, Rick Firari, Tom Peterman, Mary Kreuziger, & Shawn Nico. (Nico may also be interested in Plan Commission) There is currently still a Plan Commission Vacancy. Mrs. Holl received a telephone call from Dean Perlick for using her farm for development. She contacted the DOT who recommended she contact an attorney. Mrs. Holl stated that the railroad company wants her land zoned “Industrial” . She wants its zoned “Future Industrial Development” . She is currently still farming it. Dave talked with Jeff Retzlaff. The first meeting would be May 21st at 7:00pm. Anyone interested in commenting will be limited 3 to 5 minutes per citizen.
Fire Department/Town Hall - John explained that he contacted the same firm that was working with redoing Juneau's department. Eric Howlett also had a recommendation of another firm. There are currently 3 firms that John Haase is getting quotes working with the $3000.00 - $5000.00 range per the annual meeting. Nancy questioned what was discussed at the Annual Meeting because she did not attend. Motion by Dave/Chuck for $3000.00 to be budgeted for John Haase to begin collecting quotes from the firms. Motioned carried. Question raised if Comprehensive Planning needs to be done first, Dave said that it doesn't need to be completed. Further discussion regarding working with the Town of Emmett. The needs and assessment committee will have John Haase as the Chairman.
CONTRACT/INTERGOVEMENTAL - Motion by Dave/Nancy to approve the Intergovernmental Contract per Dodge County. Motion carried
APPEALS COMMITTEE RENEWALS - Dave explained that anyone interested in applying for the Appeals Committee should contact Dave for applications.
DUMPSTER DAYS - Date set for May 2nd from 7 - 10:30 am. Dave explained that citizens should send recycling to Erdman Recycling. Tires should also be brought down and Dave will have a trailer for them. Dave/Nancy explained that TV's, computers, are all acceptable.
VIEWING ROADS - Dave explained he will be doing more crack filling this year. Dave said Oak Hill Road will be looked at per the annual meeting. The board will be viewing at 6:30 pm on April 23rd to begin assessing roads and continue on April 25th at 8:00 am until finished. Mary Kreuziger would like Welsh road looked at to put a culvert in due to a drainage issue.
TREASURER'S REPORT - Sandy gave the Treasurer's Report. Beginning balance is $1,931.56. Interest of $2.75. Income of $48,372.97 and Expenses $38,965.49, leaving an ending balance of $11,341.79. Chuck questioned the difference between his and Nancy's checks. Mileage was listed on Nancy's check and should not have been included with her payroll. Motion by Nancy/Chuck to accept treasurer's report with the correction of Nancy Schlender mileage. Motion carried.
NEXT MEETING DATE - May 11th, 2009 at 7:00 pm.
CORRESSPONDENCE - Dave read the Ray Roeder correspondence.
Motion by Nancy/Chuck to adjourn. Motion carried.
Attendees: Sherry and John Haase, Marjorie Gahlman, Jeff & Jean Kreuziger, Rick Remmington, Charlie Zimmerman, Brad and Caroline Bailey, Marty Pint, and Bob White
The meeting was called to order at 7:03 PM by Chairman Dave Blank with all board members present. The Pledge of Allegiance was said.
Minutes – The minutes of the previous meeting had been provided to board members. Motion by Nancy/Chuck to approve the minutes as presented. Motion carried.
Plan Commission Member Vacancy – Dave advised that he has not received any applications of interest. Question raised about going with a four member board however it was mentioned that the board needs to be an odd number for voting issues.
WE Energies Sale of Land on Highway DJ – Nancy advised that there has been citizen inquiry about this land for possibly building a Town Hall. Nancy advised that she called and inquired about the property and was advised that the property is one acre and the asking price is $35,000. WE Energies has had five people inquire about the property and the price could possibly be negotiable. Discussion held on this issue. This will be brought up at the annual meeting.
Comprehensive Plan – Dave advised that at the previous Plan Commission meeting Comprehensive Planning was discussed with Jeff Retzlaff at which 3 options were proposed. One was for the Plan Commission to undertake the comprehensive planning for the town, another was to have the plan commission and outside citizens do the plan, and the third option was to have the plan commission and town board and 3 to 5 outside members form a committee to do comprehensive planning. Committee members would have to commit to 10 to 15 months of meetings. Dave asked for volunteers however, no one commented. Discussion held about sending a post card mailing to the town citizens looking for volunteers. Motion by Nancy/Chuck to contact Jeff Retzlaff to get a post card out to the citizens advising that the town is looking for members to serve on the comprehensive plan committee and of the need to get the plan started asap. Motion carried.
Handbook for Members – Discussion held as to the proposed books that would be given to all board and committee members. Changes were suggested for some areas of the book. Question raised as to making mention that committee members must be in compliance with training also. A separate paragraph will be added about training. Question raised about whether all committee members can receive the Town Association Magazine also. Kris will check on this. This will be brought back for next month.
Treasurer’s Report - Chris gave the treasurer’s report. Chris mentioned that there is currently nothing on record for collecting personal property taxes. She feels that this should be something that should be addressed. Discussion held on this matter. The beginning balance is $6,485.22, interest of $14.35, income of $5,705.33, expenses of $10,273.34, leaving an ending balance of $1,931.56. Motion by Nancy/Chuck to accept the treasurer’s report and pay the bills as presented. Motion carried.
Correspondence – Dave went through the correspondence received. Questions raised as to the spreading information received from the DNR regarding Sensient. Discussion held on the letter presented by Eugene Gentz and whether anything can be done in situations where taxes are not received in a timely matter. It was explained that these issues are guided by Statute and the town has nothing to do with it. Dave brought up about possibly buying salt under the state contract with the county. Concensus was that we will go with the county.
Tim & Wendy Huber Conditional Use Permit – The Board went over the Huber conditional use permit with Tim Huber. Jeff Retzlaff had prepared a revised CUP but in addition there would be an annual review of the CUP to go over any changes that Tim would request such as additional employees, etc. This would not involve a fee provided this is listed in the CUP. The additional conditional use fee was discussed. Tim included everything on one form when he was in fact asking for three different things. Dave expressed that a precedent has been set in this matter. It was noted that Tim paid $200 when he first applied for the CUP in 2002, which permit expired because nothing was done within a year. He also paid $200 in 2008 for the CUP that he is requesting now. Motion by Nancy that since Tim has paid $400 toward the 3 conditions that he applied for and pending Jeff Retzlaff’s addition pertaining to the annual review of the CUP, that approval of the Conditional Use Permit be granted. Discussion held on the sign permits Tim is requesting. Tim was advised that he can come back with that information. Question raised if this CUP could be put on the website for review by the public. Motion seconded by Chuck. Motion carried.
Town of Clyman vs. ULWR (Case no 2008 CV 591) - Dave addressed the audience regarding the documents the board has received concerning this matter. He feels that to not go through with the appeal would put the CUP in jeopardy. Nancy indicated that after the closed session, her and Chuck had second thoughts about their decision and contacted Atty. Roder to further get his reasoning for the appeal. Chuck read the partial memo from Roder. Question raised as to what it is that is in jeopardy. Charlie Zimmerman indicated that according to Statute, ULWR can mix and the minute it is mixed it becomes Municipal Sewage Sludge which then comes under a different set of rules and no town can restrict or prohibit the spreading of this on land. The town can regulate this only if the regulations are identical to the state. Charlie felt that there is no way to win this unless State law is changed. Dave advised that he spoke with Atty. Griggs and Attorney Griggs will propose that the Town will drop the Appeal if ULWR will not contest anything on the CUP in the future. Nancy read a letter received from Atty. Roder wherein he recommended an appeal. Nancy and Chuck felt going into it that enough was enough but after hearing Attorney Roder’s explanation, they felt an appeal was necessary. Nancy indicated that many people felt that it should be ended. Citizens pointed out that state guidelines need to be followed. Nancy read a letter from Marylee Peterman regarding going forth with an appeal. Chris Spilker pointed out that the State is predicting a 15 percent cut in the state revenues. Nancy indicated that she is willing to drop the appeal, she is hoping that the town can have a good relationship with ULWR, the town had to give and take with the CUP but at least that part is settled. She hopes that if something goes awry, the township and ULWR will work together to solve it. Kris advised that she has not been receiving any documentation from Atty. Roder so therefore the town records are not complete. She will be putting a note in the books that the records are not complete because of the lack of documents. Questions raised as to regulations in the CUP. Citizens recommended that the appeal be dropped. Question raised as to whether Griggs was willing to step in and take over for Attorney Roder. Nancy advised that they are talking with Attorney Griggs. Charlie asked if anyone present at this meeting disagreed with what he (Charlie) said. Discussion held on the Board taking needed time to think about major decisions and the possibility of adjourning these decisions to further discuss them. Motion by Chuck that pending discussion with Attorney Griggs regarding his taking over the Town’s representation, that Attorney Roder be advised to drop the appeal. All future correspondence should be done in writing and sent either via mail or email so that there is documentation. Seconded by Nancy. Motion carried.
Next Meeting Date – The Annual Meeting will be held on Tuesday, April 14 at 7:00 P.M. The next town board meeting will be held April 20, at 7:00.
Motion by Nancy/Chuck to adjourn. Motion carried. Meeting adjourned at 9:15 PM.
A Special Meeting was called by Chairman Dave Blank regarding the Dodge County Court’s decision in Case No. 08 CV 591 involving Town of Clyman vs. ULWR and Tracy Bros. LLC. The meeting was called to order by Chairman Dave Blank at 6:33 PM with all board members present.
Motion by Nancy/Chuck to convene into closed session. A roll call vote was taken with unanimous approval to convene into closed session. The meeting convened into closed session.
Motion by Nancy/Chuck to instruct Attorney Ray Roder to file an appeal in Case No. 08 CV 591 at a cost not to exceed $7,052.50 plus the cost of the court transcript which Attorney Roder estimated would be approximately $100. Motion carried.
Motion by Chuck/Dave to reconvene into open session. Roll call vote taken. Motion carried. Meeting reconvened into open session.
The Regular Board Meeting of the Town of Clyman was called to order at 7:25 PM.
Attendees: Sandy Thoma, Mike McLay, Tim Huber, Marjorie Gahlman, Jeff Kreuziger, Charlie Zimmerman, Rick Remmington, Dan Huebner of General Engineering, Caroline and Brad Bailey, Rick and Daleen Firari.
The Pledge of Allegience was said.
Minutes: It should be noted on the 2009 caucus meeting minutes that the meeting date was January 17, 2009. With those corrections noted, motion was made by Nancy/Chuck to approve all minutes. Motion carried.
Town of Clyman –vs- ULWR – Case No. 08 CV 591. Dave explained that Judge Bissonnette had denied the Town’s request for an injunction in this matter regarding spreading waste. While meeting in closed session the Board decided to appeal this decision based on the fact that it could jeopardize the conditional use permit that had just been agreed to. Attorney Roder stated that the fees would not exceed $7,052.50 plus the cost of the court transcript which he estimated would cost approximately $100. Attorney Roder explained that this appeal would avoid any problems with mixture of sewage sludge in the future. Discussion held on this issue. If the town is not successful on appeal, then the town is no better off than it is now.
Building Permit, Conditional Use Fees- Dan Huebner of General Engineering explained the new process for the building inspector fees which would be based on a square foot charge vs. a flat fee which would make it a more fair and equitable way of billing people based on the size of the home they build. He also indicated that the state seal charge has been increased from $25 to $33 and his company will be adding a $2 administration fee. Dan explained that he feels the state seal is required so that the state has an idea of how many new homes are constructed. He also explained that they also do electrical inspections now because if electrical work is done, the state will not allow the electrical to be fired up without an inspection. Dave asked about charging an additional administrative fee. Dave also questioned about raising the fees for the CUP and other zoning issues involved. Dan explained that if the town adopts the uniform dwelling code this would include the fee schedule. Dan will check with the state if the Town has adopted the uniform dwelling code.
Conditional Use Fees – Dave explained that the current fees just cover the plan commission meeting but do not cover the publication fees that are currently being paid out plus the monies that are expended for such things as consultant fees, postage, etc. Filing Fees recommended by the Town Board are: Conditional Use Permit - $300; Certified Survey Map - $250; Subdivision Plat - $1,000; Rezoning - $300, Sign Permit - $50; Site Operation and Plan Approval - $300; Non-Residential Building Permit - $25. In addition to these fees, the requesting party would also be responsible for any other disbursements incurred by the town such as publication fees, consultant fees, postage, etc. These fee adjustment requests will go to the Plan Commission for approval. It was suggested that the fees be put in the zoning book as well as putting the form on the website.
ULWR Septic and Drain Service – Dave reported that Nancy checked with the DNR and the DNR advised that this business would be grandfathered. Dave indicated that he contacted Attorney Griggs and after explanation from Dave, Attorney Griggs agreed that the business would be grandfathered and would not require a CUP. Motion by Dave/Chuck that ULWR not be charged for a CUP on the basis that it is a grandfathered business. Motion carried.
Comprehensive Plan – Dave read a letter received from Jeff Retzlaff concerning forming a comprehensive plan committee and the three options he offered for the committee formation. Dave asked for thoughts from the audience. He explained that there are 9 points that need to be addressed with the plan. Discussion held on possibly doing Option No. 2 which would involve creating a special “comprehensive Planning Committee” comprised of members of both the Plan Commission and the Town Board. This option results in more and varied opinions including those of the elected officials. Some argue that more opinions and positions represented up-front can/will result in a better plan with less opposition being expressed at the time of adoption. This option also requires more resources and effort as coordinating meetings and making decisions at key points in the process. The committee would oversee preparation of the plan and make a recommendation to the plan commission. In turn, the plan commission would revise the plan as they see fit and finalize the “recommended draft” for the Board to consider. Dave explained that if the plan is not adopted, zoning would revert back to the county. This will be put on the Plan Commission agenda. We will contact Jeff Retzlaff and ask when he can come to a meeting. Discussion held as to some of the expenses to expect.
Plan Commission Member Vacancy – Dave advised that Rick Firari is thinking about possibly joining the committee.
Posting Road Weight Limits – Dave explained that the previous proposed ordinance suggested a weight limit of 18,000 pounds. Discussion held on when these dates would be effective. Question raised as to who would enforce this. Nancy indicated that the Sheriff Department cannot enforce the ordinance, it must be done by the state patrol. Motion by Nancy/Chuck to go with the road weight limits with effective dates to include February 1 through May 1. Motion carried.
Treasurer’s Report – Chris gave the treasurer’s report. Beginning balance was $34,456.36, income was $365,089.60, disbursements were $393,081.99, leaving a balance of $6,485.22. Motion by Nancy/Chuck to accept the treasurer’s report and pay the bills as presented.
Correspondence - Dave went through the correspondence received. Nancy reported that she attended the quarterly Towns Association meeting held in Juneau and indicated that the meeting involved discussions on wind energy and the farm tech days coming up in July and their need for volunteer workers. She indicated that Jeff Fitzgerald also spoke about what was happening in the assembly. She stated that Northeast Asphalt is willing to meet with towns regarding a 20 year plan. The Town Association also encouraged the Town’s Attorney to attend a meeting on April 24 in Madison. Nancy asked if the board was interested in attending the Town’s Association March 14 meeting in Juneau. We will sign 4 up.
Next meeting date will be March 9, 2009 at 7:00.
Tim Huber questioned why he has to pay an additional fee for a cup when his original CUP permit included everything he wanted to do. Discussion held on this matter. Mike McLay suggested that Tim make a proposal as to what he actually wants to do, which Tim agreed to. Dave will also have Jeff Retzlaff write up want Tim needs to do.
Motion by Nancy/Dave to adjourn. Motion carried. Meeting adjourned at 9:37 PM.
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.
Minutes of previous meetings – With regard to the Appeals Committee, Nancy felt that it should be mentioned that it wasn’t necessary for ULWR to be compelled to come to each meeting but in their own conscious, felt they should come on their own. Also, with regard to posting E. Clymet Road, it should be Highway DJ to M, not Highway E. Motion by Nancy/Dave to approve the minutes with corrections noted. Motion carried.
Eugene Gentz Land Split – The Plan Commission held a public hearing on Tuesday, January 6 and based on the hearing and the zoning ordinance, recommended granting the land split. There was no opposition from any surrounding neighbors. Motion by Nancy/Dave to grant the land division split to Eugene and Andrew Gentz under Section 4.12B of the CZO. Motion carried.
ULWR – Nancy read the letter of ULWR’s plans to break off a new division of United Septic & Drain Services. She explained that she volunteered to contact Dan Heim of the DNR and he stated that ULWR does have an active on-going separate state DNR license for this operation. ULWR uses their storage sites for disposal or they haul to Waterloo or Beaver Dam disposal sites. He stated no septage was land applied in 2007. They have a separate tank where they mix septage with municipal wastes. This is considered “municipal.” A “septage coordinator” oversees the activities. Nancy also read a note received from Steve Hoffman giving their permit numbers for the this company. She also read a note from Atty. Griggs whereby he says that ULWR would need another CUP for this operation. Discussion held on the storing and mixing of the septage with municipal wastes and Attorney Griggs’ recommendation of another CUP. Dave will call Atty. Griggs and see why he feels that another CUP is needed. This will be discussed further.
Discussion held on the recent letters received from Atty. Roder regarding the spreading on the former Doherty/Stanton properties. Dave will discuss this matter with Attorney Roder.
Plan Commission Vacancy – No applicants have applied for the position. Dave will continue to look for members. He will also check with Jeff Retzlaff about going to a 4 member board if need be.
Operator’s License for Amanda Guenther – Motion by Dave/Nancy to approve an operator’s license for Amanda Guenther. Motion carried.
Website Fees & Charges – Chuck stated that he has spent a considerable amount of time keeping up with the information posted. His original contact was that he would post 25 pages and he is certainly way over that. He suggested that from this point forward, he be given $40 per hour in addition to the $150 due in February. He has some clean up work to do on the website in addition to posting information. He also wants to develop the comment area more. Discussion held on this issue. Chris felt that these additional charges would be covered with the budget.
Treasurer’s Report – Chris gave the treasurer’s report. The beginning balance was $2700.66. Monthly income was $545,778.26. Expenses were $514,023.47 leaving a balance of $34,456.36. Motion by Nancy/Chuck to approve the treasurer’s report and pay the bills as presented. Motion carried.
Correspondence – Dave went through the correspondence received.
Citizen Recognition – Nancy Schlender was featured in the UW Health Times Winter booklet.
Next Meeting Date - Caucus is set for Saturday, January 17, 2009 at 1:00 PM. The next regular board meeting is February 9, 2009, at 7:00 PM.
Motion by Nancy/Dave to adjourn. Motion carried. Meeting adjourned at 8:40 PM.
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