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REGULAR MONTHLY MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
JANUARY 9, 2012 @ 7:00 PM
BOARD ATTENDANCE - Chairman Dave Blank, 1st Supervisor Brad Bailey, Treasurer Sandy Thoma and Clerk Pamela Antholt.
The meeting was called to order by Chairman Dave Blank at 7:05pm. The Pledge of Allegiance was recited.
MINUTES - Dave/Brad approved the monthly minutes from December 12, 2011 and December 19, 2011. Motion Carried.
CITIZEN RECOGNITION - It was noted that LeRoy Schultz has passed away.
Tim Dornfeld thanked all the Military members for serving.
Dave Blank stated that Dave Beattie had suffered a stroke and apparently they caught it in time and he should be coming home soon and he wished the family well.
FIRE CHIEF'S REPORT - Chief Howlett gave the Fire Chief Report. Village Clerk, Kris Kohlhoff, made mention that they want to take their share of the left over money from the 2011 Fire Budget and use it for Village Bills because their finances are not that great. Chairman Blank stated that the left over monies were to go into a Fire Truck Fund. Dave/Brad approved the Fire Chief's report.
2nd SUPERVISOR - Bob White decided to remove his name from consideration, due to the situation of himself and Brad Bailey being close friends and neighbors. Bob decided that he felt it best to decline because of a conflict of interest in open meeting laws.
Dave stated that the only other letter of interest for the 2nd Supervisor position was from Amy Nehls.
Brad asked Amy what Dodge County's policy is on her doing Town work on County time. Amy stated that she will do County work on County time and Town work after that. Brad wanted to know what Amy would do if something came up for the Town while she was at work for the County. Amy stated that the Chairman would be contacted first and then Brad, being the 1st Supervisor would be contacted next. Brad stated wonder if neither him nor Dave were available, what would she do then. Amy stated that she would cross that bridge when it happens.
Dave/Brad made a motion to appoint Amy Nehls as the 2nd Supervisor. Dave-Yes Brad-Yes Clerk Pamela Antholt-Yes. Motion Carried.
Pam then swore Amy Nehls in as the 2nd Supervisor.
CEMETERY CARTAKER - Discussion was held regarding the upkeep of the cemeteries. Tim Dornfeld stated that his family is interested in remaining being the caretakers of the cemeteries, providing that their insurance does not increase and that he would like a $100 increase per year for the two-year contract. Dave stated that this matter will be tabled until Tim has a chance to get the information from their insurance company. This matter is tabled until Tim has the insurance information
BASOL HOME - Discussion was then held on the Basol home relocation. Nancy Basol explained to the Board that they want to purchase the 8.1 ac and in order to purchase said property, they need approval to build a new home on that parcel first. Dave/Brad made a motion to allow the Basol's to build a house where it is proposed. Motion carried.
SNOW/ICE REMOVAL - Dave asked for public input. Kris Kohloff stated that she has had 4 complaints at the Village Hall about the condition of the roads. Trav Hardy of Grade-Tech Pavers, Inc. explained his determination of plowing/salting/sanding. He stated that first he calls Dave Blank and then Brad Bailey. Discussion was then made on the combination ratio of salt to sand mix. Trav stated that the last storm it was 3 to 1 mixture. Discussion was then held on mixing the ratio for each storm. It was also brought up that perhaps Dave could talk to the County Highway Dept about salting/sanding the approachments of the Town Road/County Road.
ULWR REFUSAL TO PAY INVOICE - Discussion was held on the invoice that the Town had sent to ULWR and their refusal to pay. Dave read the letter from ULWR's attorney. Nancy Schlender questioned what the invoice from General Engineering Company entailed. Dave then listed the items on the invoice. Nancy stated that she felt that the CUP stated that if ULWR is in violation of anything in the contract that they are to pay. Dave said that he would talk to Jerry Foellmi of General Engineering about giving a breakdown of the invoice for the violation charges. Nancy stated that the Town should call the DNR to find out what their investigation has found. Motion was made by Amy to table this until we have received the detailed bill from Jerry.
CLEANING PERSON - Discussion was held on replacing cleaning person. Dave explained that Pam Antholt had been the cleaning person in the past, but when Audra was the clerk, she decided to clean the hall. Discussion was then held on hiring a cleaning person. Dave asked if anyone was interested in cleaning the Town Hall for an amount of $10 per hour and Carol Hrenak stated that her daughter would be interested in it. Caroline Bailey stated that there is nothing budgeted for the year for a cleaning person. Amy stated that it could come out of the Building fund. Dave asked Carol to speak with her daughter about cleaning.
TREASURER'S REPORT - Sandy gave the Treasurer Report.
Beginning Balance as of December 31, 2011 $ 1,721.68
Interest Paid 1.28
Net Cash Income Total Deposited 521,255.54
Net Cash Expenses 482,919.07
Cash Balance as of January 9, 2012 40,059.43
Dave Beattie bought a culvert from the county and put it in himself.
Brad/Amy made a motion to accept approved the bills
Kris Kohlhoff asked Pam to investigate the procedure to have the Town go from a three-person Board to a five-person Board.
SET NEXT MEETING - February 13, 2012 @7:00pm
Dave/Brad to adjourn the meeting at 8:31pm.
Respectfully Submitted
Pamela Antholt - Town Clerk
The following Town Board December 2011 meeting minutes are not officially approved by the Board but are posted for review. They are subject to revision if the Town Board sees fit.
TOWN OF CLYMAN
REGULAR MONTHLY MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
FEBRUARY 13, 2012 @ 7:00 PM
BOARD ATTENDANCE - Chairman Dave Blank, 1st Supervisor Brad Bailey, 2nd Supervisor Amy Nehls, Treasurer Sandy Thoma and Clerk Pamela Antholt.
The meeting was called to order by Chairman Dave Blank at 7:02pm. The Pledge of Allegiance was recited.
MINUTES - Brad/Amy approved the monthly minutes from January 9, 2011. Motion Carried.
CITIZEN RECOGNITION - Tim Dornfeld thanked all the Military members for serving.
FIRE CHIEF'S REPORT - Chief Howlett gave the Fire Chief Report. Amy questioned the bill from Juneau EMS Ambulance Protection Fees $4,000.00. Amy also questioned the response time of the Juneau EMS. Amy stated that we should check into our current contact with Juneau EMS. Eric stated that they could look into using Watertown for EMS services. Dave/Amy approved the Fire Chief's Report.
CITIZEN COMMENTS - Dave explained that he does not put the citizen comments on the agenda because of the attacks on the Board or the Clerk. He stated that if there is an issue by the citizens, they can put it in writing and the board could read that in the correspondence section of the agenda. Brad stated that he felt that if the people elect them, they should be able to ask questions. Amy stated that it is not a requirement. She explained that she does not have a problem with it, but that it should have limits. Amy stated that it should stay at the beginning, there should be a three (3) minute limit and it is something that is constantly redundant, Dave could put an end to it. She explained that she felt that the rest of the meeting should be more controlled with only questions or comments from the floor if the Chairman gives someone the floor. Dave stated that we would put it on the next month's agenda and try it this way.
CEMETERY CARTAKER - Discussion was held regarding the upkeep of the cemeteries. Tim Dornfeld stated that on the contract it should be his wife, Mary's, name on the bottom of the contract and not his. Tim stated that there is an increase of $25 from last year to this year and then another $25 from this year to next year. Sandy stated that it is $2,200.00 for lawn mowing and $500 for maintenance. Amy asked Sandy if the maintenance amount can be used for anything to do with the cemeteries and Sandy stated yes, as far as she knows. Amy/Dave made a motion to accept the bids from Mary Dornfeld for this year and next year and taking the extra $50 out of the Cemetery Maintenance. Dave-Yes Amy-Yes Brad-No. Motion Carried
HOOKSTEAD LAND DIVISION - Discussion and possible action regarding Letter of Intent for Minor Land Division on Tax ID #012-1015-0133-000 owned by Christopher Hookstead, located on the SW ¼ SW ¼ Sec 1 EX That PT of CSM 3149 in V18 P226 LYG, IN SD ¼ ¼. Also included in letter of intent is Tax ID #012-1015-0244-000 owned by Christopher Hookstead, located at SE ¼ SE ¼ Sec 2 EX That PT of CSM 3149 in V18 P226 LYG IN SE ¼ SE ¼, with both properties in the Town of Clyman, Dodge County. The purpose listed is to move the common lot line 100 Feet to the West.
Dave stated that Chris did not need a hearing on this property. Brad questioned that since Chris owns the adjacent property, does he have to get the board's permission. Dave stated that he does not have to, but it is more of a courtesy. Dave said that Chris is moving the lot line and is planning on selling off part of it. Brad/Amy made a motion to accept the land division. Dave-Yes Brad-Yes Amy-Yes. Motion carried.
Chris then asked if he needs to go to the County for anything. Dave explained to him that he needed to contact the County to see if they needed him to do anything.
SNOW/ICE REMOVAL - Trav stated that the new mix seems to be working a lot better. Amy questioned what the contract stated about materials because this month's bills are pretty substantial. She stated that we are being charged 10% over the material cost and also being charged the hauling fee and a mixing fee. Amy stated that between December 2011 and January 2012's bills, we have been charged a total of $18,381.69 and we have had maybe 14” of snow. In checking last year's snow plowing bills including a record breaking snow fall of about 65” and a snow declaration, for the full year we only paid the County $17,317.76. Amy stated that last year the County basically charged us the cost for a frontend loader to load the mix into one of their trucks. Dave asked how much the last load of salt was and Trav stated that it was $1,751.07 plus 10% for an approximate total of $1,926. Trav stated that we have purchased three loads of salt already. Amy stated that last year the total from the County from September 2010 to May 2011 was $17,317.76 and we had approximately 65” of snow. Dave asked if we could buy salt from the County and Amy stated no, but they will allow us to buy sand from them. Amy then advised that in the past we got their (County's) full mix at their contracted price and charged us basically one-quarter of an hour to load it in their truck.
Trav stated that he would have to disagree with Amy's totals. He stated that he looked at the County's invoicing for last year, just to see where the totals were so that he could decide if would pay for them to even bid the Town's contract for services. He also explained that that is why they bid, because it did pay and they were able to bid then. Trav stated that his numbers are different than what Amy has. Amy stated that her numbers are right from the County.
Trav stated that it would be cheaper for the Town to buy our own salt, tax free, and they would not have a problem accepting salt at their facility and storing it. He stated that we could do the same thing with the sand too. Trav explained that by the end of the year, the Town should have a good idea on how much material we would be using.
CLEANING PERSON: Dave stated that Chris Spilker has volunteered to clean the hall for free.
DUMPSTER DAYS: Brad questioned if we have budgeted anything for this. Dave said no. Amy stated that this is something we should look at because it is a service to the community. She also stated that people are looking for Dumpster Days as they have in the past. Dave stated that we could check on prices for a truck verses a dumpster. Brad questioned where we would get the money from. Brad stated that he has his own dumpster and Dave said that he does too. Dave stated that not all Town's people have a dumpster. Dave asked Nancy Schlender what it cost the last time and she stated that we did it with the Village of Clyman and Tim Dornfeld had taken care of it. Dave stated that it was almost $1000. Amy asked Dave to ask Tim about the truck verse the dumpster. Tim then explained the difference between renting a garbage truck verses a dumpster. This matter was then tabled until next month.
CLERK TRAINING: Dave stated that the Clerk training for IIMC in Oregon was emailed to him recommending that Pam go to. He asked Sandy how much the training was for in Green Bay and about the scholarship she got last year. Sandy stated that she got $425 in a scholarship for that last year. She stated that you have to be registered for the conference and then you have to apply for the scholarship in April. Sandy stated that the Town is already a member. Dave asked when it was and Pam informed him that it is July 8-13, 2012. Dave asked Pam if she could take off work from her regular job to attend this. Pam stated that she would have to check with her regular job first. Amy asked Sandy if she would be attending this year. Sandy stated that she is done with the Treasurer portion and she could go for the Clerk's Certificate next. Amy asked her if she was planning on it and Sandy stated that she had not decided yet. Amy asked Pam to check with her boss about attending the Green Bay class. This matter was tabled until next month.
Dave asked Sandy when the Board of Review Training with the WTA was. Amy asked Pam to find out if there is any BOR online training and who needs it. Sandy stated that the BOR training is very informative for the Town.
Discussion was then held on the Board attending the WTA District Meeting, possibly on March 17, 2012. Brad stated that he would not be able to make it. Amy stated that she would look at the rest of the dates to see when she could go. Dave stated that he would look to see when he could go.
CHANGING BANK ACCOUNTS: Discussion was then held on changing the bank accounts from Reeseville to Juneau. Dave explained that it is a matter of convenience. He stated that Sandy works in Juneau. Amy asked where we have our accounts now and Dave stated that we have our account in Reeseville and an account in Horicon but by the time we change, that account will be done. Dave asked if the banks in Juneau can take on a Municipality. It was stated that we need a resolution to change bank accounts. Amy asked if he had one in mind and Sandy stated that she and Dave just talked about it at this point. Sandy stated that there is F&M Bank, Hartford Savings Bank and Dodge Central Credit Union. Dave asked Pam to check on the three and get back to them next month.
Dave/Amy made a motion to table changing the accounts until next month until Pam can get the information back to them. Dave-Yes Brad-Yes Amy-Yes. Motion Carried.
3MEMBER BOARD TO 5MEMBER BOARD: Discussion was held on changing from a 3member board to a 5member board. Dave stated that last month Kris Kohlhoff asked the clerk to check into the procedure for this. Kris asked if the Town had Village Powers. Dave stated that yes the Town does, but he is trying to find the resolution that supports this. He explained that in order for the Town to have a Planning and/or Zoning Commission, they must already have Village Powers. Kris then asked if this would be done by ordinance. Dave stated yes. Kris stated that she knew it wouldn't take effect until the next election. Dave stated that there would be an increase in cost. Kris stated that in her opinion it would be better for the board to be able to discuss things between them and now they can't do that without it being an open meeting violation. Kris stated that she could bring it up at the annual meeting.
Amy stated that the terms would have to be staggered because the current board is up for election in 2013, so that they would not all be up for election at the same time. Caroline Baily asked if they could appoint two right now. Dave explained to her that we do not have it in the budget for this year.
Amy stated that we should find out how to do it correctly. She stated that she thinks it would take effect in January and then you would have to go through the process of putting everyone on the ballot and wait until April and then try to find out how to put it on there so the terms were staggered. Dave recommended that they table this for now and wait until Atty Griggs comes to the meeting and ask him.
BOARD MEMBER REQUESTS: Dave stated that Amy had asked for last year's budget and yearend financial report. Amy stated that she thought that was a justifiable request and Sandy and Pam had provided her with this information.
Dave stated that Brad had requested 6 things: Bank reconciliation statement showing a balanced checkbook for December 2011, A copy of the minutes from the joint meeting held on November 15, 2011, A copy of certificate of insurance from Grade Tech, A copy of certificate of insurance from Dave Blank for snowplowing, Chuck Burkholz's and Dave Blank's 4th quarter 2011 time cards, An accounts receivable list from Nov 2011 to date. And he also requested Citizen Comments, update the website and have Amy receive the WTA booklet.
Amy stated that she doesn't know what was in the December packet, but questioned whether some of those things were already provided. Dave stated that he received a copy of the certificate of insurance from Grade Tech. Brad questioned Dave about his. Dave stated that he talked with the insurance company and he is covered under the Town's insurance if he goes out and plows for the Town.
Dave then asked Kris Kohlhoff if both clerks did minutes from the Joint Meeting. Kris stated that she has a hard copy. He stated that shortly after that the clerk's changed. He wasn't sure if we have one or not.
Amy then questioned the balanced checkbook and time card requests. Brad asked Pam when the last time the checkbook has been balanced. Pam stated that she and Sandy are working on it and she isn't sure when the last time it was balanced.
Amy then questioned about the request for the accounts receivable, asking if they were in their packets? Dave stated that the accounts receivable was anything that was billed out from November and December. Amy stated that it would be on the payment section of the report. Dave said such as the bill for Beatties culvert was billed out, and Amy stated that it would show up in this month's report, if he paid. Sandy stated that she didn't think that Beattie had paid yet. Dave explained that he talked to Beattie last month and he didn't quite understand the bill and Dave told him it was for the culvert. Sandy stated that she spoke with Mr. Beattie's assistant last week and she told her that Mr. Beattie was just able to sign his name.
Dave asked Brad if there is something in particular that he was looking for? Caroline Bailey stated that the Village of Clyman has not been billed for the Fire Dept. Truck yet. Amy asked Brad if he sent the email request. Brad stated that Caroline is his secretary. Amy informed him that they had this discussion before that he is an elected official. She stated that she does not get a secretary and Dave doesn't get a secretary, we all have one clerk, and if we have concerns we need to discuss it as a board before we start requesting it from the clerk. Brad said it is public record. Amy stated that she did not say it isn't public record that she was saying if this is a concern of one, the rest of us need to discuss it before we put the clerk to work on it. She said that you can do an Open Records Request and pay for it, because it is public record. Brad stated that he didn't have to do it because he is a board member and Amy told me, yes you do. Amy stated that if it is above and beyond. Amy said that if it is something that you are looking for and we all agree, and it should be agreed upon and then send it to the clerk, BUT if it is a fishing expedition and we don't agree on it. Brad stated that he didn't think balancing a checkbook is a fishing expedition. Amy stated that she is just asking and if that's the case, but granted we haven't had a clerk for a few months and we have to give Pam sometime to get caught up. Brad then stated that Pam has been here a whole month. Amy then stated that we had three clerks last year and Pam is still trying to figure out where everything is at. She also stated that we have a part-time clerk and what are her priorities: Is it reconciling or getting you copies? She said we as a board need to decide what our clerk should be doing.
Dave then questioned why he was looking for the bill for the Village for the Fire Truck. Brad asked if the atty was looking into the bill for the fire department and Dave said no. Brad then asked Caroline if she has any information on this. Caroline stated she would like to ask the board because there is more ways to bill it. Amy stated that this is what we were discussing before and this is how we need to discuss how the meetings work. She said the Chairman recognizes who gets to speak. Amy told Brad that he can ask Dave to ask Caroline, but the chairman has control, Roberts Rules of Order, that's why she asked Dave to ask Tim before about the dumpster. Dave then questioned the bill for the fire truck and Caroline stated that it goes back to October, 2011 and she stated that it has not been billed. Caroline then stated that the Tracy/Tibbits is another one, the ditch viewing she has never seen anything come through on that. Kutsugeras hasn't seen the bill come through on that. Dave stated that Kutsugeras hasn't paid their bill because they are waiting to sell their land. Dave stated that he knows they got a bill, because they called him and asked a question what it was for and he stated that it was for the CUP. Dave stated that the bill was sent out for Tracy/Tibbits December. Amy stated that accounts receivable a month outstanding is not uncommon. Pam stated that the bill in the computer that was sent to Kutsugeras was for the Watertown Times ad.
Dave asked about the website update information. Pam informed him that she had sent Chuck Burkholz the updated information that she had and asked that Chris forward the Planning Commission updated information.
Amy explained that we had a lot of turnover in the past year and Pam is going to need time to go through and learn everything.
TREASURER'S REPORT - Sandy gave the Treasurer Report.
Beginning Balance as of January 9, 2012 $ 40,059.43
Interest Paid 10.98
Net Cash Income Total Deposited 464,430.96
Net Cash Expenses 463,466.96
Cash Balance as of January 9, 2012 41,034.41
Sandy asked if the board wanted to pay Scott's Construction now or if they wanted to hold off until we get the loan, which is what we agreed on when we signed the contract. She stated that she would hold the $4000 for City of Juneau until we get more information. Dave asked Pam when we got the email from Rich at BCPL if she replied back to him about the loan. Pam stated that she was waiting for Dave to tell her what he wanted her to do with it. Dave stated that Pam should let Rich know that he should go ahead with the loan. Brad asked Sandy if we are borrowing the money to pay Scotts. Sandy stated that that is what we agreed on. Brad asked why don't we just pay Scotts and Sandy explained that we would be short on our budget for $15,000. Sandy stated that if we don't take the $15,000 out and we use our money from the budget to pay Scotts, we will be short on our budget. Amy/Dave made a motion wait on the Scotts bill until the loan comes through and then take that $15,000 and apply it towards Scotts, since it was already approved. Dave-Yes Brad-Yes Amy-Yes. Motion Carried.
Amy questioned Pam on the Quill bill for office supplies that they are charging us tax. Pam stated that she sent in the Tax Exempt form and it has been taken care of. Amy stated that we could look into Municipal Purchasing through the WTA to buy office supplies in bulk.
Amy/Dave made a motion to accept the bills as presented. Dave-Yes Amy-Yes Brad-No. Motion Carried.
Dave asked Brad if we should not pay the bills this month and Brad stated that we need to amend it. Amy questioned Brad that he recommends we do not pay the bills. Brad stated that we should pay up to what we can and then amend it. Amy questioned what we are going to do come February and March. Brad stated that he didn't make the laws. He stated that we have to take the money from somewhere else and pay it, that's all he's saying. Dave questioned about a resolution to change the line items. Amy asked Brad if every Township every time they go over a line item, makes a resolution to amend it Brad said that is what they are supposed to do. Amy questions this. Chris Spilker stated that when you are going to be borrowing say from Peter to pay Paul\, you have to let the people know that you are going to be doing. She said only when you are at that type of situation. Amy questioned how the people came up with the budget last year, if we paid $17,000 on plowing, yet they put $15,000 in the budget for plowing for this year, that is not fiscally responsible. She stated that if you have money in the same “grouping” in the budget, you shouldn't have to amend it with a resolution. Brad stated that maybe we could change our line items and he just didn't want to borrow any more money this year. Amy stated that we can put it on next month's agenda to amend the budget, because that would be proper notice and then if 2/3 of the body votes on it, you can move around funds in your line items without a resolution. Brad stated that is correct.
Atty Griggs then joined the meeting. Amy stated that we should have the above clarified. Sandy informed Atty Griggs that the board was discussing whether or not on the budget if we have a sections, say roads, and we have it broken down by maintenance, plowing. If the board needs to move some of that money around in there, does the board need to make a resolution to do it? Atty Griggs then read the article that Brad gave him. Atty Griggs stated that his suggestion is that it would be more prudent if you have more money in one category and you want to move it, you should address that at the next monthly meeting. Sandy stated that we have a category called roads and there is a break down within that category. Atty Griggs stated that there is a bit of a gray area and you could make the argument that it is all within the category of roads. He stated that the other argument you could make is that it is strictly define as this and you would need a notice at the next meeting. He advised that this is a gray area. Atty Griggs stated that it would be most prudent to put it on the agenda for next month.
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Amy stated that it should be put on the agenda for next month to amend the budge to move money around in the road category.
ULWR INVOICES: Atty Griggs then read the letter that he had just emailed the Town. He stated that when he talks about provisions 10, 28, 30, 35. (See Exhibit A)
Atty Griggs then read Provision 10 of the CUP. He advised that here is where there wasn't notification of the spill. (See Exhibit B)
Atty Griggs then read Provision 28 of the CUP. He stated that if you have a spill, obviously it didn't make it into the ground. (See Exhibit B)
Atty Griggs then read Provision 30 of the CUP. He stated that, for example, if you have a spill, what you are required to do is within five (5) days notify and as he understands that wasn't complied with. (See Exhibit B)
Atty Griggs then read Provision 35 of the CUP. He stated that there needs to be notice. The other thing is in Provision 43 there is a lengthy process that the Town can go through, where ULWR would be entitled to essentially a due process hearing to explain their view of everything, if you would want to follow that procedure. (See Exhibit B)
Atty Griggs pointed out that clearly our CUP along with our Zoning Ordinance allows us to do the following: (1) You can bill and should be billing for Jerry Foelimi's time that's expended in this because it is directly related to the spill and non-compliance and that's specifically allowed. (2) You should have a full due process hearing as to what you are going to do with this CUP and your ordinance allows you to potentially fine them up to $500 for each day of violation.
Atty Griggs stated that Jerry Foellmi would now explain some of his findings.
Jerry then read his letter dated, February 13, 2012, to the Town of Clyman in reference to ULWR CUP Related Issues. (Seer Exhibit C)
Amy then asked Jerry if they had their final finding on the violations yet. She also stated that at the County level, they get a spill report, but usually they get the report when it is final. Jerry advised that since the fact that this spill has environmental issues involved with the wastewater plant that they have there and because he was involved on the Town's behalf for the technical portion, he suspects that's why there is a comfort level that they would be sending it out to him. He stated that there were some findings that were noted in the initial letter and a request for an Enforcement Conference because they were a little bit hard for him to understand and to accept. Jerry stated that there were some comments made in the initial field review by the DNR that there basically was a kill-off of grass, vegetation, etc. for as far as 4,000' downstream, if you will. He said that the DNR agents were referring to things that were 10-20' wide. Jerry stated that if you do a rough calculation, say 6” deep, 10' wide and 4,000' that's a 150,000 gallons. He said that nobody seems to know many gallons it may have been, but it was more than 1,000. Atty Griggs stated that 1,000 is what ULWR portrayed. Jerry stated that it seems a little odd to him that those things were being portrayed. Jerry said that there was an Enforcement Conference with the DNR and he stated that he was not able to make it. The DNR's enforcement people were there and they had what seems to be the November 18, 2011 letter and that it sounded like it was a relatively positive meeting. Jerry stated that this letter was a summary of what they discussed. The DNR stated in their letter that they had not made a final determination on additional enforcement actions.
Jerry stated that the DNR has made itself pretty known to ULWR that they were upset about this. He advised that as far as the Town goes, the most difficult thing is the non-notification. The fact that it had been reported to Dave and other people, “Oh by the way, somebody saw this…” and then everything went on from there and the fact that it had not been reported in either of the two instances. He said that that is upsetting in particular because both parties went to great lengths to get fashioned an agreement that they could live with and then this happens. Jerry advised that when this happened and ULWR notified the DNR and the Town, he probably wouldn't be involved. Dave stated that if ULWR had followed the proper procedure and notified the DNR and the Town within 5 days and started the proper clean up, it probably would not be an issue, because things happen sometimes.
Atty Griggs asked Jerry that would it be fair to say that the December spill was a small enough spill that notification for Jerry to be involved with? Jerry stated, “Probably”. Atty Griggs stated that the second spill was big enough that action needed to be taken. He also stated that there is a trust issue, where the Town expects the CUP to be followed and on at least two occasions there had not been any notification.
Atty Griggs stated that it is important to review the CUP. He said that it could have been reviewed after a year, which it was not. He said that it really needs to be reviewed and to review this notification issue and the cost to the Town.
Jerry explained that when the CUP was completed he felt that everybody was getting along and things were progressing pretty well until this happened and now there is a trust issue. He stated that even in the recent visit they had it was a very positive meeting, except for this mistrust nagging over us.
Atty Griggs asked Jerry if the great concern with the larger spill would be possible effect on the ground water? Jerry stated “yes”. Atty Griggs also asked Jerry if, at this point does he know if there has been any effect? Jerry stated, “Not that I am aware of.” Jerry also explained that to a certain degree, he would go along with the DNR and take their standard course of when they see something like this, he is confident that they are talking to their groundwater people who are then checking and requiring whatever action that is required to do.
Amy stated that it says United sampled the nearby water soil for benchmark. Jerry stated that would be surface soil. Amy then stated United tested this in their labs and not an outside independent lab and Jerry concurred. Amy said that ULWR told us that it was 1,000 gallons and obviously it was not because 1,000 should not have left the site. She said that ULWR did the sample in their own lab and that is a huge trust issue. Jerry agreed that this is a trust issue and how do we believe their sample findings.
Atty Griggs asked Jerry if his involvement became much much greater, due to the lack of notification and Jerry stated that it was and it was a fact-finding mission because ULWR didn't follow the rules.
Jerry explained that he checked with the consultant ULWR used for their treatment facility to find out if they were aware of anything, in case they contacted their previous engineer, which they did. He did find that Jeff K., who is a construction engineer in the area. Who is working on and getting approval for the replacement tank. That was going on shortly after the Breech itself. Atty Griggs asked him if that was the only way he found out about that is through his own investigation. Jerry stated that to their credit, they are building a huge storage tank and they are taking necessary steps and suspects that the DNR told them they have to fix this thing or they are going to shut them down. Amy stated that according to our CUP, we should have been notified of the building. Dave stated that recently we were out there on a tour and he thought that ULWR was just getting started and he saw that they are almost done already. Amy then questioned how the tour came about and Jerry informed her that he wanted to get out there and see what was going on for a couple of reasons Amy stated that in the future, she would like all the board members to be included and they can post it as meeting or whatever they have to do in order for all of the board to be there. Amy also stated that she has seen the crane there for a while now. Jerry stated that he wanted to have a site visit was because as the Town's Building Inspector, they look at cranes and etc., and are asking the questions, “Is this something that requires a building permit?” He stated that there actually was a building permit that he thinks Jason signed, but it was just a preliminary and the building was not filled out yet. Jerry stated that it is a process tank and out of the realm of a building permit. He stated that he found Jeff K. And had conversations with him and he stated that he sent him a copy of the plan and he looked over those. Jeff assured him that he was on site taking notes, photographs, checking the reinforcing, etc. making sure things were being built right.
Jerry stated that the other part of this is a transfer building added on to the process tank where they can bring the semis in and the semis can unload within closed doors by driving in a large bay door, unload, open the door and drive back out. He stated that the building is occupying on a temporary basis. That building is larger than 50,000 cubic feet, which requires State approved plans. Which to his understand as of their meeting, ULWR has not submitted to the State. Amy asked if the building is there and Dave said no. Jerry stated that the structure that it would attach to is there and it is being finalized. Jerry advised that he made it abundantly clear to Jeff that State approved plans and the building reviewed by the Inspector.
Jerry stated that it is a massive structure. He said that it is about 28' deep, solid concrete and they call it the “crypt”. Amy asked if the other one is still processing and Jerry stated that the other one is still functional. He said there is a breech on the side between the tubs, which is actually the bottom of the second layer. Amy asked if they are using it, not filling it to capacity. Dave stated that the first tank was full of 4'of sediment and they will take a panel out and go in there with a skid loader and haul the sludge-like material out onto the fields. Dave asked them when ULWR gets that far, to notify us because it will probably be rather smelly and we can tell the residents what is going on. Atty Griggs stated that was what was envisioned in the CUP to be a sounding block for ULWR. Jerry stated that he will continue to be in contact with the Building Inspector.
Atty Griggs stated that he would point out in the CUP Provision 43 has a very detailed protocol required to follow. He then read Provision 43 of the CUP. (See Exhibit B) Atty Griggs stated that basically we would have to give notice to ULWR so that there could be a full due process hearing, where they could present evidence. Even though Jerry has already investigated this thoroughly and made some conclusions. But ULWR is entitled to a full due process hearing. Atty Griggs advised that you can have a full due process hearing of the lack of notice and there is some question as to whether we have to wait for the DNR to make its determinations or not. He stated that it makes more sense if you proceed sooner rather than later because it is fresh in everyone's memory. And then the issues are: #1 Has there been a violation and how many violations and #2 It seems to him obviously clear that Jerry Foellmi's fee and his fees would need to be paid by ULWR, if it is determined that there was a violation and it certainly seems that is the case given what's alleged here. And the other question would be that does the Zoning Ordinances allow you to fine up to $500 per day. Furthermore the entire permit needs to be reviewed and if we find that there was a violation, we can modify the permit. It was supposed to have been reviewed a year after it went into effect. Certainly there needs to be more communication. Atty Griggs' recommendation is to have a detailed hearing. Amy asked if the hearing would be in front of the Town Board and Atty Griggs stated that it would start at the Town Board level. He stated that in order to give ULWR the 30 (thirty) day notice, we would be looking at the end of March or beginning of April for the hearing. He also recommended that the Board does it as a Special Meeting, rather than a regular Town Board Meeting. He also stated that we need to review the CUP.
Amy questioned whether we would do both things at the meeting. Atty Griggs stated that he would start with the issues regarding the alleged violations and it may be the case that the alleged violations could go on for several hours. He stated that he would notice both, and see how the time goes. He stated that some of the meetings went after midnight and if it gets too long, he recommends cutting the meeting off at 10:30-11pm.
Brad/Dave made a motion to have Atty Griggs address the violations with ULWR's atty and start the full due process hearing and review permit. Dave-Yes Brad-Yes Amy-Yes.
Atty Griggs stated that we should notify the DNR of the hearing. He also stated that we may have pre-emption, which means that if the DNR rules on something, most of the time the Town can also rule on the same thing. He felt that it was appropriate to give the DNR notice and also give ULWR notice, so they can make the argument that perhaps pre-emption applies. Atty Griggs stated that there may be that some circumstances where pre-emption does apply and circumstances where it doesn't. So the Town can act, but not on some of the same things the DNR is acting on. Amy questioned whether the information from the meeting between the DNR and ULWR can be introduced and Atty Griggs stated that it could and we should submit any report from the DNR into evidence. Atty Griggs also stated that even if someone else stated that “that is hearsay”, because if the DNR doesn't show up and then, then that “hearsay” information could be admitted. This is a quasi-judicial body, it's not a courtroom.
Dave then asked Atty Griggs about the item that was tabled earlier about changing to a 5 member board. Dave asked him how we make staggered board terms. Amy asked whether we do it at the annual meeting or by ordinance. Atty Griggs stated that we would do it by ordinance and have it take effect the following year because you don't want your entire board up for election at the same time. He stated that we could do it by ordinance and have it take effect December 2012 by appointing two members for a one year term and they could come up for election in 2014.
CORRESPONDENCE: Dave then read a letter from Mark Jankowski of GEC.
SET NEXT MEETING - March 12, 2012 @7:00pm
Amy/Dave to adjourn the meeting at 9:47pm.
Respectfully Submitted
Pamela Antholt - Town Clerk
REGULAR MONTHLY MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
MARCH 12, 2012 @ 7:00 PM
Corrected and approved
BOARD ATTENDANCE - Chairman Dave Blank, 1st Supervisor Brad Bailey, 2nd Supervisor Amy Nehls, Treasurer Sandy Thoma and Clerk Pamela Antholt.
The meeting was called to order by Chairman Dave Blank at 7:00pm. The Pledge of Allegiance was recited.
MINUTES - Amy/Brad approved the monthly minutes from February 13, 2012. Motion Carried.
CITIZEN COMMENTS - Bob White stated that he is not on one side or the other on the issue with ULWR and their spill. He said any company whether it be United, Sensient, Wis-Pak, Seneca or even larger firms, any and all of them are not going to report that, clean it up and sweep it under the carpet if at all possible. In his opinion, the responsibility falls on the diligence of the citizens, Town Board and the people we hire to keep an eye on this stuff. Bob stated that he knows that quite a few people were aware at the time it happened within a couple of days. He said that Jerry Foellmi is taking a good deal of money from us and questions what we are paying him for and felt that he should have been on top of it. He said that he is not making excuses for United, they definitely should have reported the spill, but we can't count on that happening on any industrial end of it. He stated that for Jerry to sit up there and say that he measured the square footage of the spill by 6” and then calculated that cubic feet into how many gallons of spill it was. Bob felt that was ridiculous and absurd to make that statement. He stated that if anyone was to spill a glass of water on the kitchen table, it floats and they know it may look like a gallon, but it's only a glass. Bob said he doesn't know if he is that stupid in his opinion or if he is taking us for a fool, but he expected more. He said that he is not confident on the response we get from Atty Griggs either and he isn't on top of it as he should be either. He felt that we should keep track on how we are spending money on this stuff. He doesn't want to see us chase another rabbit down the hole with this deal and create a bunch of lawyers' bills that the taxpayers have to pay.
Nancy Schlender stated: Following the adjournment of last months' February 13th Town Board meeting an audience member immediately stood up and began a litany of loud and vocal rants, which included many hasty questions and remarks. One comment was regarding the clerk's availability. Nancy then submitted an ad taken from the Watertown Daily Times on March 6, 2012. Of the fourteen surrounding Village and Town offices that were listed in that ad, seven listed “No set hours, call for appointment”. Nancy stated that she stands in support of our clerk and treasurer and this CONSTANT harassment needs to stop! “
Caroline Bailey stated that when she was reviewing Brad's book tonight before the meeting, she noticed that Griggs had a charge in there for a letter that he dictated that was not approved by the Board, he did NOT have any right or reason to charge it to the Town. She is requesting that Town refuse to pay that charge.
CITIZEN RECOGNITION - Tim Dornfeld thanked all the Military members for serving.
Dave stated that during his refresher EMS course there was a Fire Fighter from Abottsford that was killed. Amy stated that the theatre up there burned and he was killed when it collapsed and three others went to the hospital.
Marilee Peterman stated that Brad's daughter was listed in the paper as valedictorian for Dodgeland.
FIRE CHIEF'S REPORT - Chief Howlett gave the Fire Chief Report. Brad/Dave approved the Fire Chief's Report. Motion Carried.
CLERK TRAINING - Dave asked Pam if she was able to go to the Clerk training in July in Green Bay and she stated that she is unable to take off work from her regular job. Kris Kohlhoff stated that there is training in Madison in August and there is a conference next week too. Amy/Dave made motion to table this until the next meeting when Pam can get more information on the upcoming training. Motion Carried.
BOARD OF REVIEW TRAINING - Discussion was held on the online training for BOR. Amy asked if the Board can just purchase the materials and online training for $25 and do it at their convenience. Pam told her that is true. Amy/Brad made a motion that if it gives the username and password for the $25 online training to go ahead and purchase it. Motion Carried.
CHANGING FINANCIAL INSTITUTIONS - Discussion was held on the three different banks in Juneau, F&M Bank, Dodge Central and Hartford Savings Bank. Pam explained the differences between the banks and they are all basically the same as far as fees and requirements. Dave asked Sandy if there was a good time to switch and she stated that anytime between now and September, before the tax season starts. Dave/Amy made a motion to table this until the next meeting. Motion Carried.
EMS - Dave stated that at the last meeting they had discussed the issues with Juneau EMS's response times. He stated that he and Eric went to the Watertown FD to meet with the Chief and Assistant Chief and talked to them about a contract with us. Dave advised that this is going from a “B” Basic Coverage to the highest level that they have.
The contract states as follows:
The City of Watertown FD will provide EMS coverage to the Town of Clyman by providing one Ambulance staffed with two personnel to be dispatched from the Watertown FD.
Dave stated that by doing that the Watertown FD has someone in house at all times and their response time for enroute will be under a couple of minutes.
All patients, except those that are critically ill or injured, will be transferred to Watertown Memorial Hospital or the closest hospital.
The Watertown FD will bill patients and/or their insurance company through its billing agency for any and all services rendered. In the event that the Watertown FD is committed to a previous request for service and unable to respond, mutual aid agencies will be contacted through dispatch for the call and will not be considered a breach of contract.
The Town of Clyman will pay City of Watertown an annual payment of $14,144.24. The Town's population of 849 x $16.66 and this payment is due July 10 each year. The contract cost will reviewed annually and any negotiating, if necessary. The contact maybe cancelled at any time within 30 days of written notice to the party.
Eric stated that he spoke with Greg again this evening and he told Eric that was basically a starting point. Eric stated that he was talking with Chris a little about it today and if we went down on the readiness fee and there is a possibility that we could talk to Lifequest and they could bill the insurance company for services rendered. Eric stated that instead of us paying more on the readiness fee, Lifequest could bill more to the insurance company. He advised that we would pay more for paramedics and have a higher level of service and we won't have the issues that we are having now. Amy questioned what the readiness fee was and Eric stated that it is the initial fee.
Dave stated that if you have to have an ambulance service you, we would put you in the rig, take your blood pressure and take your vitals. The “Basics” cannot do much for you in the field, there are very few drugs they can use. He said that a medic service, such as Watertown and Beaver Dam can do as much for you in the field, with the exception of surgery, they have all the drugs that an ER has and they have everything on scene.
Dave explained the advantages of having a paramedic service, due to the elderly age of our residents. He said especially in the cardiac area. Dave stated that the faster we can get drugs into you the better chance you have of survival. Dave informed the Board that they had a save in the Township.
Bob White questioned Dave on the breakdown of the fee, where does the Village come in on this. Amy explained that the Village has their own contract with Juneau EMS.
Dave and Amy discussed the Juneau EMS contract ends in July and that we would have to give them a 90 day notice of termination. They then discussed that we only have $4000 budgeted for the year and we would have to figure out where the money for July to December would come from.
Dave explained the differences in service levels. He stated that when the medics start using drugs is when it changes from a BLS to an ALS.
Bob White asked Dave why we cannot incorporate the EMS contract with the Village. Dave explained that they have a formula that they use to figure out the price for the contract. Bob asked if we had looked at Beaver Dam and Amy stated that Beaver Dam is historically more expensive than the other communities. Amy stated that because of the population, the contracts should be separate. Amy/Dave made a motion to table this until the next meeting. Motion Carried.
WOOD ROAD & OTHER GRAVEL ROADS - Dave stated that he received a call on Wood Road and Main Street Road. He stated that they complained on the condition of the roads. He explained that it appeared that the plow caught the road because of the frost and caused divots in the road. Dave said that he told Trav not to even plow with the big trucks. Trav said that they just went in with pickup trucks.
Dave said that he talked with the county, because that is who we have do our grading. He told the resident on Main Street Road that it would probably have to wait until after the road dried off. Amy questioned whether the plow is going down these roads and Dave said that they won't now, it would be a lighter truck. Dave/Brad made a motion to table this until they viewed the roads. Motion Carried.
SNOW/ICE REMOVAL - Amy stated that she was informed by the County that we can purchase salt and sand mixture. She also stated that the County has sent letters to other municipalities that use them saying that they do not intend to plow anymore. However, municipalities have been led to believe that if several of them get together in May and request to be on the Highway Commission's agenda to discuss the possibility of the County still plowing for municipalities. Amy feels that this is important to keep that option open. She stated that by looking at the numbers, obviously we have gotten a good deal from them. Amy stated that she would like to be able to contact the other municipalities such as Village of Reeseville, Town of Lowell, and Town of Westford. She has already talked to Town of Shields. Dave/Brad made a motion to allow Amy to talk to the other municipalities in requesting the County to continue to plow. Motion Carried.
Dave stated that he contacted Bill Nass to see if the Town of Emmit would do our grass cutting and give us a bid. Bill stated that he would bring it up at their next meeting. Bill stated that they charged $100 per hour for grass cutting. Bill was asked to explain what they provide in their cutting. Bill stated that the first time they do one pass and then they do a brush cutting, little stuff. Dave asked him if he had a side flail mower. And he stated yes. Discussion was held on the importance of keeping up with the brush before it becomes a huge expense in the future. Tim Dornfeld asked what Watertown Evergreen charged last year. Sandy stated $11,000. Amy asked if that was per hour or yearly. Sandy stated yearly. Dave stated that we should put it out for bids.
REVIEW OF CUP FOR ULWR - Dave stated that, as Atty Griggs stated at the last meeting, that we should be reviewing the CUP every year or two. Amy questioned whether this is something board does, or ULWR does. Dave stated that it would be the Town Board and Atty Griggs. Discussion was then held on when the Board could meet to review the CUP.
DUMPSTER DAYS: Amy stated that she received quotes from Waste Management and Veolia. Amy advised that Veolia only does a truck at $125 per hour and $45 per ton. Amy stated that for the truck it would be about $500. Waste Management gave a 20yd option and 30yd option, but they don't do trucks. Amy stated that you can get a 20yd dumpster for $486.11 with a capacity of 6,000lbs and $30 per ton over that. She said that the 30yd dumpster is at $531.97 with a capacity of 8,000lbs and $30 per ton over that. Tim Dornfeld stated that the dumpsters do no hold half of what a truck holds. Discussion was then held on doing it in Spring or Fall. Amy/Dave made a motion to keep these bids and bring it up at the Annual meeting. Dave-Yes, Amy-Yes, Brad-No. Motion Carried.
HAZARD MITIGATION UPDATE - Amy stated that last week the County, Municipalities including the Villages and Cities and the Townships are covered under the County because the County adopts it, but she represents our Township. Amy advised that it shows that we have already signed the agreement that we would participate.
Amy advised that a couple things were brought up about Mitigation ideas. One thing that would be very easy and the Town maybe interested in doing is putting a link on our website to our County Management website that shows the plans. And another thing would be if we would be interested in potential grant opportunities if they ever become available for mitigation. Amy stated that we could determine which roads would fall under this category and find out what our strategy would be to fix them and get an estimated cost if we got grants. If grants ever came up in the future, we would then pre-identified and would be easier to add. Amy advised that we would need this information in the next couple of weeks.
Dave asked Brad what his thoughts were on it. Amy stated that she did not know what was left after the 2008 floods and what was used last year. Dave stated that we should go and review our roads first and then get back to Amy. Amy was advised to contact Chuck and have him put the link on our website.
SNOWPLOWING - Trav explained that the Town has extra material left and it is covered and protected. Tim questioned Trav on the price to mix the material. Trav stated that the salt comes from the supplier via semi-dump and they usually pick up their sand material and is delivered to their facility. Trav said that they take their skid loader, mix it to the ratio. Tim asked them how often do they mix it and Trav advised that they try to keep a load of salt ahead and then mix the 1 to 1 ratio. Tim asked how many tons of mixture for a 1.5 hrs. Tim questioned where this 1.5 hrs comes from. Amy stated that County had charged us one quarter of an hour to take it from their pile and loading it into the truck. Trav stated that is not for loading it into a truck, that's for mixing it. Tim stated that it takes 5-10 minutes to mix a load of salt and sand and that is why he is questioning why it takes them 1.5hrs to do it. Tim stated that he mixes the Village of Clyman's 3 to 1 ratio AND loads it in 7 minutes.
TIMESHEETS - Discussion was then held on Timesheets for the Town employees. Amy stated that she gave Pam a copy of this timesheet. Pam stated that she felt that the timesheets should be more uniform and it would make it easier for the employees and for payroll. Pam advised that since everything would be listed on the timesheet, there shouldn't be question as to what you were doing and what you did. Pam stated that it doesn't have to be this one, just one similar. Amy/Brad made motion that we use this timesheet for Town Elected officials and employees. Motion Carried.
MOVING MONIES AROUND IN GENERAL ROAD MAINTENANCE - Dave asked Sandy what we need to move. Sandy stated that right now snow removal is at $18,000 and we budgeted $15,000; Maintenance/Gravel we budgeted $40,000 and we are at $10,277.80. Amy/Brad made a motion to make the amendment and move $10,000 out of Maintenance/Gravel to the Snow Removal and that would bring up the Snow Removal budget up to $25,000. Motion Carried.
Amy advised that we need to look at the Atty fees budget. She stated that we budgeted $2,500 and we are at roughly $2,030. Sandy mentioned that we also will be reviewing the CUP in the next couple of months, so we need to consider that to. Brad asked where we were going to get that from. Amy stated that there isn't a lot of play in the budget. Amy stated that we could take out of either Roads or Recreation. Discussion was held on where to take it from. Amy informed Caroline that it is up to the board to decide where it would be taken out of. Caroline stated that you let other people speak and the minute she speaks, we are all over her. Amy stated that Caroline is telling Brad how to vote and Caroline stated that she is not telling him how to vote.
Amy asked Brad where he suggests we take it from and Brad stated that he suggests that we don't call the lawyer ever week, that's what he suggests. Amy stated that it is the cost of doing business in this town. Brad stated that there is a cost of doing business, but there is also the cost of the whole board deciding to call the lawyer, not just one guy over here that calls him every f***ken time he thinks he should. Brad stated that we can buy a load of gravel for every hour that Griggs works for us. That's why we have no money for our roads.
Amy stated that we have a budget here that was approved and created with no wiggle room put in. Brad stated that we were not given any more room to wiggle with. Dave stated that Jerry's bill is in negotiations because of the Zoning, ULWR is responsible for that bill. Dave also stated that they are also responsible for some of Atty Grigg's bills because of the spill. Amy stated that we still need to move some money around. Dave stated that it was going to take some time to get that money. Dave/Amy made a motion to take $1,500 out of the Maintenance/Gravel and put to Atty fees and $500 out of Maintenance/Gravel to the Zoning Administrator-Foellmi. Dave-Yes Amy-Yes Brad-No. Motion carried.
Caroline stated that there are other budget items to be moved. Dave asked Brad if he had anymore items to be moved and Brad stated that one is the Cemetery. Sandy stated that she thought that that was done last month. Caroline stated that it just needed to be done on the sheet. Amy asked Brad if wanted to make that motion. Brad/Amy made a motion to take $50 from the Cemetery Maintenance and put in Cemetery Mowing. Motion Carried.
Caroline stated that there is another account too, Horicon Bank. Sandy asked if it was the interest or the final payment and Caroline stated it was interest. Caroline wants to know where it comes out on the agenda, what category is that coming from? Sandy stated that there is a category for the Bank. Amy stated that the line item is not over. Sandy explained that when we do pay that loan off is the time for the adjustment. Sandy stated that when we get the loan from BCPL we will have to take about $500 from somewhere to pay them off.
TREASURER'S REPORT - Sandy gave the Treasurer Report.
Beginning Balance as of February 13, 2012 $ 60,034.45
Interest Paid 17.45
Net Cash Income Total Deposited 2,595.39
Net Cash Expenses 12,978.63
Cash Balance as of March 12, 2012 49,659.66
Dave asked when we get another payment from the State and Sandy stated, April. Amy questioned what the PILT payment was and Sandy stated that it was Payment In Lieu of Taxes it is from the DNR. She stated that if they would be taxed, that's the amount they would be taxed and then we have to pay our portion of it.
Amy stated that she noticed that the bill from Grav Tech was not correct and Sandy stated that she had all the bills ready to go and then Grav Tech put in another bill. Sandy stated it would be on next month's bill.
Dave asked if the Ambulance contract had been paid yet. Sandy stated no. Discussion was held on possibly going to Watertown for EMS service and Sandy stated that they would have to rearrange money if they did it that way because we only have budgeted $5,000. Marilee Peterman asked if the Ambulance would come if we haven't paid them the entire bill yet. Dave/Amy made a motion to pay $2,000 to Juneau EMS. Motion Carried.
Amy questioned the bill that Atty Griggs sent for a letter sent to Caroline Bailey. Brad asked when we approved that. Amy stated that it was after the meeting that he was flagged down by Caroline. Brad wants to know when we approved him sending that letter or does he just get a blank check and can do whatever he wants? Amy stated no. Brad questioned if Caroline asked him to send a letter, I don't think so. Dave stated that he did. Amy stated that she thinks he did it to ensure that it would not become a problem in the future and that it would be the only letter he would need to send. Amy stated that she didn't think that anyone is unaware of the contention at some of the meetings and some of the things that are going on. Brad wants to know why the other bills that were not board approved. Dave stated that technically if the board and/or member asks questions of the Atty then it is approved. Brad stated that it has to be board approved. Brad stated that limits Dave from calling the Atty two times a week. Dave stated that he does not call two times a week. Amy stated that there a lot of issues going on right now with letters going back and forth to him and as our Town Atty, he has to address them. Dave stated that if a company would abide by the rules they agreed to, we wouldn't have to correspond with the Atty this much. Amy stated that the issue is that if we are going to chargeback the company and others, do we chargeback this one. The total is $37.50. Amy stated that this is getting petty and ridiculous. Amy stated that Caroline wants to make sure that everyone else has to pay their share and when do we say enough is enough. Caroline stated that it was not board approved. Caroline stated that we shouldn't pay it and let it be her problem. Amy stated that we are not going to “not pay the Atty”, however, in the future we will let Atty Griggs know that unless it comes from one of the three board members, not citizens, and it will not be approved. Brad stated no, the board, not one of the three. Amy stated that Dave as the chairman needs to speak with the Atty on other issues and we have to be able to function without having a board meeting. Amy asked Brad if he wants to call a meeting every time we need to get something from Atty Griggs and pay a $40 per diem to every one? Amy stated that at this point it is the cost of doing business with ULWR, with the Tibbits/Tracy Ditch issue, everything on the bill is pretty much dealing with those two issues. She stated that none of them chose to get into that. Brad stated that the Tibbits/Tracy Ditch issue should have been done 10 months ago. Amy stated that it wasn't. Amy asked that if Brad has another way to rectify this situation.
Bob White asked what we pay the Towns Associate for then. Amy stated that they do not represent us and they will not give us a specific ruling. Bob stated that he is not saying that they will give a specific ruling, but a lot of times they can answer a question. Amy explained to Bob that the liability falls on our Town and if we get sued, it needs to go to a lawyer that is going to represent our Town in a court of law, the Towns Association is not going to do that. They can give us case, thoughts and examples, but that's it. Amy stated that they cannot give us direct advice because they will not be representing us. Bob stated we can call and ask them. Amy stated that we do and we can read the statutes ourselves, but we are not lawyers and we cannot represent ourselves Dave stated that we use them and when it gets down to a specific point, we go to our lawyer. Dave/Amy made a motion to pay the bills and only pay half of the Juneau EMS bill. Dave-Yes Amy-Yes Brad-No. Motion carried.
SANDY THOMA'S TREASURER RESIGNATION: Dave then read Sandy's resignation. Dave/Brad made a motion to accept Sandy's resignation. Dave-Yes Brad-Yes Amy-Yes. Motion carried. Sandy stated that she would help train the next treasurer.
Amy questioned Sandy on her resignation letter, she stated that there was more and more time and more and more pressure completing tasks, is that due to law, or is that due to requests being put to you by the board or citizens. Sandy stated that due to the fact that last year we had three clerks and because of that she took on more responsibilities, which she chose to do. But since she has a new position at her job which is a more high pressured position, she won't have the time and she can't do the two high pressure jobs.
The board discussed the posting for the treasurer position. Dave explained that they have to be a resident and we have posted on the website and the three posting places in the past.
Dave stated that the statue has limited duties for the clerk and the past treasurers have gone above and beyond those duties. Kris Kohlhoff asked Dave if maybe he would consider setting up a committee to interview the applicants and make a recommendation to the board. Kris stated that maybe you would get a better idea. She stated that we seem to be having problems with people coming and going. Amy stated that she didn't feel that that comes 100% back to the board members. Kris stated that she isn't saying it does, but you might get a new prospective on it. Amy stated that she understands Kris' point, however, we have new clerk as well and we need to move fairly quickly.
Amy asked if there was a deputy clerk or deputy treasurer and Dave stated no, we do not have any. Amy felt this should go on next month's agenda to consider deputy appointments because of the turnover as of late.
Discussion was held on appointing a treasurer until the next election. It was decided to move the regular meeting to April 16, 2012 and conduct the interviews on April 9, 2012. Amy/Dave made a motion to post the treasurer vacancy in the three posting places as well as on the website and they should include a letter of intent along with a resume and it should be postmarked no later than March 28, 2012. Dave-Yes Brad-Yes Amy-Yes. Motion carried.
CORRESPONDENCE: The Board then reviewed the correspondence. Amy questioned Brad's email requests what exactly he was looking for that was not being provided. Brad stated he just wanted to check on the budget.
Tim Dornfeld stated that whoever did the crack filling on Eagle Road last year should come to our next meeting for shotty workmanship on Eagle Road. He said that they didn't do it properly. He said that they just put the crack filling on top of the old stuff, there was no routing of the cracks and no squeeging. Tim stated that if this happened in the Village, they'd be back to do it properly. Tim then brought out a bucket of the material that came off after the plows went through.
SET NEXT MEETING - April 16, 2012 @7:00pm
Dave/Amy to adjourn the meeting at 9:15pm.
Respectfully Submitted,
Pamela Antholt - Town Clerk
SPECIAL MONTHLY MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
APRIL 9, 2012 @ 6:00PM
BOARD ATTENDANCE - Chairman Dave Blank, 1st Supervisor Brad Bailey, 2nd Supervisor Amy Nehls and Clerk Pamela Antholt.
The meeting was called to order by Chairman Dave Blank at 6:35pm.
The Pledge of Allegiance was recited.
IT SHOULD BE NOTED: All Board Members were given a list of questions along with the Treasurer Vacancy Posting on March 15, 2012.
IT SHOULD BE NOTED: Dave Blank and Amy Nehls received copies of the cover letters and resumes from Carol Hrenak and Caroline Bailey on April 5, 2012.
Dave advised that we spoke with the Wisconsin Towns Association and with Atty Griggs and they suggested that we ask one applicant to leave during the other interview, as to ensure fairness in the process. Dave then asked one of the interviewees to leave during the other interviewees' interview. Caroline Bailey stated, “Are you asking me to leave?” and Dave stated that whichever one would like to step out first, that is fine. Caroline stated that she would wait in her car and Amy informed her that if it is too cold outside, she could wait in the fire department. Caroline stated that she would wait outside unless it got too cold.
Dave asked Carol Hrenak to come up to the table.
Amy questioned whether Brad could sit at the counsel table. Dave stated technically that is what legal counsel had advised that he should sit in the audience. Brad stated that as soon as he receives a copy from Pam, he would sit in the audience. Dave asked Pam to print a copy. Brad stated that he wanted a copy of the request that Pam sent to the WTA asking them about this situation. Pam printed a copy and gave it to Brad. Brad then left the counsel table and proceeded to the audience.
Dave and Amy reviewed Carol Hrenak's resume and cover letter. Amy asked Carol to give some information on her accounting background. Carol stated that she wrote out bills for one of the Labs that she had worked for over eight years. She stated that she also had her own cleaning business where she kept her own books where she did her own invoicing and bills and balanced the books. Carol stated that she also had a business with Wicker LTD where they did home parties and she had several parties week and she had to keep all the paperwork, bills and accounts receivable. Amy asked her if this was online and Carol stated that part of it was before online and then they went online and they had a program to use. Carol advised that she has a computer at home that she uses.
Dave stated that our programs are online, but he wasn't sure what it was called. Dave stated that there was a program the Town bought, specifically our use. Amy asked Carol if she has any other software experience in financial programs and Carol stated not so much in the financial programs, but she does have Word and she does her taxes online. Amy asked her if she uses online bill paying, like QuickBooks and she stated that she does. Amy asked her if she uses Excel and Carol stated that she has used Excel, but that the program has probably changed since. Carol also stated that she is in the process of getting a new computer at home with new programs. Amy asked her why she applied for this position. Carol stated that she is currently not working and was looking for something part-time right now. Carol advised that she was in the Dental Laboratory field previously and stated that she if she went back into that field, she'd probably have to drive Milwaukee or Madison and she didn't want to do that. She said she'd probably spend a lot of her earnings on gas. She thought this would be a happy medium where she could earn a little bit of money and help out the Town at the same time. Carol stated that she likes working on computers and working with numbers. Amy asked her how she feels about going to training. Carol stated that she would be able to do that since she does not have another full-time job.
Dave informed Carol that if she was selected she would be in here about a year and asked her if she would run for the position at that time. Carol stated that she probably would, she said it would be a matter of how it goes. Carol stated that she is looking at it openly.
Amy asked Carol what qualifications and skills does she have that she thinks would make her a great choice for this job. Carol stated that she is willing to learn and that the Town has its own program and she knows that that is going to be the key in learning. She also stated that she understands that Sandy is willing to take the time to train her. Carol stated that she is familiar with computers and she stated that her husband is in I.T. She also stated that she is available to focus on the job.
Dave stated that the State Statues have requirements for the Treasurer. Dave explained to Carol that all the past Treasurers have gone over and above and helped the Clerk with her work. He asked her what her thoughts were on that. Carol stated that she is willing to that. She said that she was at a meeting where Pam had said that she didn't have time to clean here, for example and she is willing to help out with that and anything else. Carol also stated that she understands that at the end of year people are paying taxes and additional hours are needed at that time.
Amy asked Carol if she can do typing, filing and those kinds of tasks and Carol stated that she is an average typist and she did a lot of typing with her business.
Dave asked Carol what her familiarity is with the Clyman area. Carol stated that her husband and family moved here in 2003 and her daughters go to school in Hustisford and they belong to a church, not in Clyman, but in the area.
Amy asked her when she would be available to start and Carol stated that she could start tomorrow. Amy asked her why they should select her, is there anything she can tell them and it doesn't have to be treasurer related, just anything that would make her the outstanding candidate. Carol stated as far as the Town goes, she feels that she doesn't have any bias' or anything about people in the Town or what's going on. She said that she knows people in the Town, but doesn't have any of this kind of stuff going on. Carol stated that she wants to be a servant of the Town. She stated that she doesn't want to come in and change things around, she wants to find out what works best for the Town and do what is necessary.
Dave asked Carol if she has issue with people calling her in the evening or weekends. Carol stated that would be fine.
Amy asked if Carol has any questions for the board and Carol just wanted to know about how many hours a week or month we would expect of her. Dave asked Pam about this. Pam stated that for herself being new at the job, she is putting in at least thirty hours a week. Pam stated that Sandy was at the point where she was coming to the Town every weekend or during the week at some point to do some work. Pam stated that of course she is still learning too, but to give a time would be hard. Dave stated that Sandy went above and beyond. Dave stated that it is busier during tax season and she would have programs to help her out. Carol stated that it seems that Sandy took good care of the books and Dave agreed.
Dave stated the bigger thing he looks at is we are all a Team, that it's not just the three of them, it is the five us and we all help out with what we can. Amy stated that earlier on there would be more hours and if the person could help Pam out, that would be helpful. Amy stated that Sandy helped out the past Clerks and would be looking for the next treasurer to do that. Carol stated that she has been attending meetings lately.
Dave explained why he asked her if it was ok if she was called later in the evenings or weekends because part of the Treasurer's job is taking care of the Dog Licenses. So if someone called about a lost dog, she could take care of it. Carol stated that she has her own cell phone, so it wouldn't wake her family up. Carol thanked them for considering her.
Amy asked Carol if she could wait outside until the next interview was completed.
Caroline Bailey then came in for her interview. Amy asked Caroline to give them information regarding her accounting background. Caroline stated that she has worked for Bailey Concrete for twenty years and she is the bookkeeper for them. She said she does spreadsheets, balancing income statements, everything with books.
Dave asked Caroline what kind of financial computer programs she has used and she stated that at Bailey they use Peachtree. Caroline stated that she does know Word and Excel, but Word is document program and Excel is just a spreadsheet program that you can use for anything.
Amy asked Caroline why she applied for this position. She stated that she thinks her skills and qualifications make her a good candidate for it. Amy stated that as far as Word, Excel and Peachtree the Town uses something other than those. Amy asked her if she is willing to get to get training and Caroline stated that she has that flexibility in her schedule. Caroline stated that she didn't know how it was set up here, but they have a chart of accounts and when she spoke with Sandy before, Caroline doesn't feel that we have a chart of accounts set up here. She stated that is how they do it, but she thinks that all programs are very similar in how they are arranged and organize the data. Dave said that it sounded pretty user friendly and Caroline stated that if it is like QuickBooks or something she would say that is basic. Caroline stated that the only reason they use Peachtree is because their Accountant uses that. She stated that because when they transfer back and forth they don't have to change.
Dave asked Caroline what qualifications she felt that she has for this job. Caroline stated that she feels pretty familiar with what is happening in the Town of Clyman and she said she has the accounting background. She stated that she is not an accountant but she is familiar with spreadsheets, balancing checkbooks, balance sheets, income statements, chart of accounts, payroll. She stated that besides doing their taxes, that is the only thing she does not do. Caroline stated that she does her payroll, but she doesn't do their yearly. She said she doesn't do their income taxes, it gets a little too complicated.
Amy asked Caroline along with her qualifications, is she willing to help with some of the clerk's tasks and she stated yeah and thinks the clerk and treasurer have to have a relationship and they need to interact in order for it to be a smooth transition.
Dave asked Caroline if she was familiar with the Clyman area and she stated that they have been coming to meetings and purchased the property in 2005/2006 and ever since that time, they attend.
Amy asked Caroline how soon she'd be able to start and she stated immediately. Amy asked her why we should select her as the newly appointed treasurer, and are there any other skills or special things she could bring to the table. Caroline stated that she thinks she tries to be helpful and she tries to find out answers to questions that she doesn't know, which she thinks could help the community. She said she'd like to meet more community members and she thinks it could benefit the Town of Clyman.
Dave informed Caroline that part of the duties are to take care of the dog licenses. He asked her how she felt about being called in the evenings or weekends. She stated that it happens and she had a dog today that was in a pool and they had to dig out. She stated it goes along with the territory.
Amy asked Caroline if she has any questions of them. She stated that she would like to know what some of their expectations are for the new treasurer. Dave stated that this is a Team, all five are a team and we all work together, especially with helping out the clerk, whichever clerk that may be. Elections are next year and we may have a new clerk if someone runs against Pam. We need to work for the Townspeople and benefit the Town.
Dave explained that we have to make the budget stretch and work with the Town on the budget items. Caroline stated that she is familiar with the Town budget.
Amy stated that she feels there is a level of confidentiality in this position, granted a lot of it is open records after the meeting. But there is a level of confidentiality when you are dealing with people's taxes and other stuff and Caroline agreed. Amy stated that you need to work with the Board on moving the community forward and she agreed. Caroline thanked them.
Caroline then stepped down into the audience.
Discussion was then held on the interviews.
Carol then came back into the meeting.
Dave stated that it was a tough choice between the two qualified applicants. Dave and Amy thanked both Carol and Caroline for applying and participating. Dave explained that this is only for a year and then next year it is up for election.
Dave/Amy made a motion to hire Carol Hrenak for the position of Treasurer. Motion Carried.
Amy/Brad to adjourn the meeting at 7:25pm.
Respectfully Submitted,
Pamela Antholt - Town Clerk
REGULAR MONTHLY MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
APRIL 16, 2012 @ 7:00 PM
BOARD ATTENDANCE - Chairman Dave Blank, 1st Supervisor Brad Bailey, 2nd Supervisor Amy Nehls, Treasurer Carol Hrenak and Clerk Pamela Antholt.
The meeting was called to order by Chairman Dave Blank at 7:04pm. The Pledge of Allegiance was recited.
MINUTES - Amy/Dave approved the monthly minutes from March 12, 2012 and April 9, 2012 with the following corrections: March 12, 2012 minutes on page 8, paragraph 1, the sentence should read “Amy stated that we are not going to “not pay the Atty” however, in the future we will let Atty Griggs know that unless it comes from one of the three board members, not citizens, and it will not be approved.” April 9, 2012 there was no Treasurer there for the meeting. Motion Carried.
MARK BORN - Mark Born spoke to the citizens explaining that he is making the rounds through the 26 municipalities that make up the 39th Assembly District. He stated it is a seat that Jeff Fitzgerald currently holds and Jeff is running for the US Senate, so this will be an open seat. Mr. Born stated that he running because he feels that for too long Washington DC and Madison have been failing us financially. He stated that in the last year or so, Madison is finally taking some steps in the right direction to help our communities and our school districts to try get the budgets in order. Mr. Born stated that he would like to keep on the same lines as Jeff Fitzgerald and keep a conservative, common sense, fiscal responsibility focus in the office.
CITIZEN RECOGNITION - Nothing at this time.
CITIZEN COMMENTS - Robert Tracy then read a letter that he would like put in the minutes:
“I want these comments to be part of the minutes of this meeting. I will give the clerk a copy so it can be recorded correctly. I am terribly saddened to have to come before the Board on issue's that have been brought before you in May 2011. The water drainage and fencing issues have not been corrected, and last year in July, the Town Chairman wrote me a letter stating that these issues will never be put on the agenda again. We live in an agricultural zoned Township and may I remind you, that both these issues are state laws. The Board has an obligation to enforce these issues when they took the oath of office. The Board set a precedent when they enforced the water drainage issue on property that I own, twice, and gave me just 6 days to clean them. Does this only apply to the Tracy family or all the residents of Clyman. The Town Board is discriminating against me and my family by preventing me from farming and costing me money, by having to repair fence that keeps heaving, from water that wouldn't be there if the ditch was cleaned. Also over a year ago the Board was made aware that the new culvert on Stanton Rd had been blocked up by a former supervisor. Photos were taken and the road is washing out. How does the Board want to deal with this, or will it never be put on the agenda again, because it's the Tracy's. Thank you, Robert Tracy”
Jeff Kreuziger asked who put #27 on the agenda (Discussion and possible action regarding the spreading of municipal waste on the Jeff & Jean Kreuziger property located on Hwy M). Dave stated that it was requested by the Baileys to put that on.
SNOW REMOVAL UPDATE - Trav of Grade-Tech Pavers, Inc. stated that we have 20-30 yards of salt/sand left over undercover and in storage. Dave asked about the mixture and Trav stated that it is already mixed at 50/50.
Amy stated that she has an update. She stated that she spoke with the following communities: Elba, Westford, Shields, Lowell, Reeseville and ourselves. Amy stated that she requested to be put on the May agenda for the Highway Commission and they will get back to us for a date so that we may address them with potentially continuing to have the option of the county plowing for these communities. Amy stated that they only need one representative from each community. Dave asked Amy if she was able to attend and she stated that she could.
Dave stated that Trav said we could save money by buying material sooner. Dave asked him when it is possible to buy the material. Trav stated that he receives notices in the spring and the summer and then he'll send out requests for tonnage. Trav stated that when he sees something, he can notify Dave. Amy asked Trav if they set the rates in spring or do they fluctuate. Trav said that they fluctuate a little bit until they know what kind of quantities they are getting. Trav said that they send in a certain amount of tonnage that they think they would be using for the year and then they can get an idea of the volume they are going to have for the season. Trav stated that he would keep us up to date and let us know.
ULWR CUP MEETING WITH ATTY GRIGGS - Dave stated that the Board members all could be there at the same time. Dave asked Brad if he would be able to make it on May 3 and Brad said only if it is raining. Dave asked Amy if May 3 works for her and she said it does. Dave advised Pam to post the meeting as an open meeting and then go into closed session for litigation issues. Brad asked Dave if we are in litigation right now. Dave stated that we are. Dave/Amy made a motion to have the meeting on May 3 and post it and if the whole Board can make it, Dave and Amy will make it. Motion Carried.
CRACK FILLING ON EAGLE ROAD - Tim Dornfeld stated that two meetings ago he brought this up and he was under the assumption that someone was going to get a hold of Jeff Herrling, of the people responsible for filling the cracks. Dave stated that he talked to Jeff Herrling of Crack Filling Services and he said he would like to talk to the board. Dave said that he spoke with him last week. Tim asked Dave if he mentioned to him what Tim thought the problem was. Dave said he did and Jeff Herrling admitted they did not route every crack that they filled. Dave stated that usually when they do crack filing they put sealcoat over the top the crack filling. Tim asked that we keep this on our mind. Dave stated that Jeff Herrling would look at it and if there is something that needs to be done, they would look into it.
EAGLE ROAD WATER DRAINAGE - Dave noticed that Chris Hookstead was not here.
BOB WHITE'S ISSUES - Violations of Walters & Sons, Ambulance Service suggestions and ULWR issues. Dave noticed that Bob White was not here.
Amy asked if we have Citizen Comment, why do we have all these items from citizens detailed on the agenda. She asked why this was not during citizen comment. Dave explained to her that they requested to go on the agenda. Dave said that we can talk about that during #20 Agenda policies.
MOWING - Dave stated that he met with the Town of Emmet a month ago at their meeting. He said that they would charge us $100 an hour for their machine to mow, which is more than what Watertown Evergreen charged, which was about $65 an hour. Amy asked if this is a comparable piece of equipment and Dave said it is the same thing as what Watertown Evergreen had. Amy asked if we are going to basically look at the same number of hours. Dave said that they were going to start earlier, so the grass would not be as tall and they can keep up with it. Dave indicated that after the first mowing, it will give us an idea how long it takes them to mow. He said then they can figure out how many times they will need to mow. Amy questioned if they are starting early in anticipation of three mowings and Dave said no. Brad asked if they are thinking late July and Dave said that they were talking in June, possibly. Amy asked if they mow theirs first and then get to the outlining municipalities and Dave stated yes and that they have one mower and the guys switch off. Dave explained that we sent Watertown Evergreen (whom we contracted last year) a notice that we were not going to continue with them. Dave stated that we were not happy with their service. Tim Dornfeld asked if we are looking at only mowing twice and Dave said that is what we have done in the past.
Amy asked what the $11,000 got us last year and Dave stated twice. Dave said that they mowed after it snowed. Bob Tracy asked how many miles are in the actual township. Dave stated that it is around 80. Bob stated that they probably keep track of the hours it takes to do theirs and then they should have a pretty good estimate on what it would take ours. Dave stated they should. Dave stated that they have their own equipment and personnel and right now they do their own and Town of Shields.
Dave stated that the other option is to put it out for bids. Tim Dornfeld asked if we have to put it out for bids and Dave told him not if it is under a certain amount. Dave stated that they put a cap of $11,000 with Watertown Evergreen. He said he did the math on the hours that they said they were doing and it didn't add up. Tim thought it would be a good idea to put it out for bids. Jeff Kreuziger stated that we had it out for bids last time and we got someone that wasn't as good as the one we had before. Jeff stated that the previous man had his own machine and he cut the brush. Jeff said that is the problem with the bids is that the person bidding says he's going to this and he doesn't. Jeff stated that the lowest bid is not always the best bid. Bob Tracy said that the guy we had before wasn't much different in price and the one we had last year ended up charging us more anyway.
Amy/Brad made a motion that we put out the road mowing for bids in the next month. Motion Carried
PETTY CASH FUND - Pam Antholt asked if it was possible to have a petty cash fund so that she doesn't always have to use her own money for stamps and items like that. Discussion was held on how much to put in the petty cash fund. Sandy Thoma stated that we probably go through a roll of stamps every two months with the bills. Pam stated that she goes through a bunch with everyday mailings and correspondence. Dave/Brad made a motion to put in $100 in the petty cash fund. Motion Carried.
BOARD OF REVIEW ALTERNATES - Pam explained that the Board needs to appoint alternates in the event that one or all of the Board cannot make it. Discussion was held on when the BOR would be. Dave stated that he would find out from the Assessor when he is able to make the BOR meeting. Dave asked the citizens if anyone was interested in being an alternate. Chris Hookstead said he would and Dave informed him that he needs to be a Town resident. Tim Dornfeld stated that he would be an alternate.
BARTENDER LICENSE - Amy questioned whether Pam did a background check and Pam stated that she ran her name through CCAP and stated that there was nothing relating to working in a bar. Brad/Amy made a motion to accept the application for a bartender license for Janette Zache. Motion Carried.
ORDINANCE TO EXTEND TOWN OFFICER TERMS - Dave then read a sample ordinance stating the reason for the change. Due to the recent state election law changes, the Town needs to extend the Town Officers term by one week. Amy/Brad made a motion to pass the Ordinance to Extend Town Officer Terms. Motion Carried. Ordinance #2012-1
FIRE CHIEF'S REPORT - Chief Howlett gave the Fire Chief Report. Amy asked what the expense for the Baraboo Ambulance was for. Dave stated that Beaver Dam hired Baraboo to do the refresher this year. Amy questioned what the deposit was from. Eric stated that was the pay from the previous month from the Village. Eric stated that the tornado sirens are fixed and the fire whistle will go off between 7am and 7pm on fire calls only. Dave stated that if the Village is okay with this, then so are we. Amy/Dave approved the Fire Chief's Report. Motion Carried.
JUNEAU EMS CONTRACT - Dave explained that this was brought up at the Annual Meeting. Amy stated that we should propose it at the Budget meeting and possibly send notice to Juneau EMS. Amy/Brad made a motion to pay Juneau EMS for the rest of this year's coverage and bring it up at Budget and give them proper notice as of October, just in case. Motion Carried.
CHRIS HOOKSTEAD - Chris stated that he would like to discuss the ditch on Eagle Road. He said it runs north and south of Marsh Road, which is a Town road. Chris indicated that he owns north of Eagle Rd and other people own south have expressed concern that Al Smith's ditch is plugged and they would like to get that open. Chris said he personally asked him and he said no, that he won't do it. Chris felt that the Water Rights in WI say that he should get it open. Chris asked the Board to contact Al Smith and tell him that we would really appreciate it if he would open his part of the ditch. He said he has diggers if they want to get it done. Dave asked him how much and Chris stated about 150 yards of Al Smith's and then goes south, but stated that the water all has to come back north to Dead Creek.
Dave explained that we would do the same as we did with the Tibbits issue. He stated that the land owner still has to get the permits to do it. Chris said that you don't need a permit, that it was just an Ag ditch. Chris stated that it was not a named creek, it was just a ditch. Dave asked if it was a navigable stream and Chris said it was considered an Ag ditch. Bob Tracy stated that the Tibbits now actually have a navigable waterway, so if anybody wanted to go down their fishing, they can. Dave stated that we would look into it and get legal counsel to see what steps we have to do and put it on the agenda for next month. Dave stated that he would speak with Al Smith on the matter. Dave asked Chris if he has an estimate of the cost. Chris stated that it would be time and material because there are so many trees that are stuck in the ditch. Chris stated about $120 on the hook and $85-$90 for the cat to push it out.
Dave asked if it went through Greppies and Chris stated that it does and then goes back towards Hwy 60 through Fielbach's.
CHANGING FINANCIAL INSTITUTIONS - Dave asked Pam which institution they chose and Pam stated that they chose Dodge Central Credit Union. Dave/Brad made a motion to move all of our accounts to Dodge Central Credit Union. Motion Carried.
PROCEDURE FOR BOARD MEMBER'S PACKETS & AGENDA POLICY- Amy stated that we should also include the Agenda Policy with this section too. Amy indicated that tonight's agenda got out of hand and we have Citizen Comments on the agenda and she didn't see why we needed to have all the other line items listed for citizens. She felt that since we have citizen comment they can speak then, such as when Bob Tracy spoke tonight. Dave asked if anyone knows if Bob White is going to show up tonight and Caroline Bailey stated that he contacted her and stated that he was not going to make it.
Amy stated that if citizen comment is removed then the citizens need to go on the agenda. Brad asked Amy if she is saying that there is a limit of 15 things total. Amy stated that she isn't putting a max on it, but normally if there is citizen comment then the citizens can bring up their items to our attention and if the Board feels that we need to look into it or do something, then it can go on the next month's agenda for action. She said typically it is up to the Board to make the decision if something is to be put on the agenda and action taken, whereas this way the citizens have opportunity to be heard.
Amy stated that she had received a sample of Town Board Packets from another Township: #1 Board members must have any agenda items to the Town Clerk by the End of Business (EOB) on Wednesday prior to board meeting. #2 Board members will make arrangements with the Town Clerk to get their information/books prior to the board meeting - Packets must be picked up/delivered to the ACTUAL board member due to possible confidential information enclosed.
Dave stated that a comment came up that the packets are open record at the Annual Meeting and he checked into it and they are. Dave stated that it doesn't mean it should be open book to anyone because there is a proper procedure for requesting open records that should be abided by through the Clerk.
Amy stated that she would like it on record that we don't necessarily, although Brad calls Caroline as his secretary, we as a board do not necessarily recognize that. Amy feels it is important for the board to review their information before and be prepared. Amy also indicated that we should let the rest of the citizens know that we are not putting information to anyone in general or to other citizens before we put it out to the citizens on Monday night. She said the Board is to see that and discuss it Monday night and to have a Chain of Custody, because there are things such as when we are in litigation or personnel issues or anything like that would not necessarily be open record. Amy felt that if we have it handed directly to the Board members, if anything gets out that would put us in litigation or put us in trouble, there would be proof that it went directly to the Board members because we are responsible.
Brad asked Amy if she read what she got from him and Brad gave her a piece of paper. Amy asked him what he meant and Brad stated that it is public record. Amy stated that it doesn't mean we sanction that it should be accessed by everyone else before the meeting. Brad stated that she is his secretary. Amy stated to him that he says she is his secretary, and she feels as a public official with a Township of about 800 residents that we are personally in charge because we ran for and took this office. Brad stated so Jeff Fitzgerald does all of his by himself. Amy stated that Jeff Fitzgerald represents thousands of people and we represent 842. Brad stated that he is just saying it's all public record. Amy stated that she understands that, but it depends on the Town's policy and if the Board passes it. Caroline Bailey stated that the Town's policy is just for the payment. Amy stated that it is not because she asked if we could pass it as a policy and because she had received it from another municipality and legal counsel stated that the Board could pass it and it is up to the Town to pass their policy on how their records are given. Caroline Bailey stated from Lee Turonie “As soon as it is created or as soon as it is in the officials' hands”. Caroline stated that means as soon as anything comes into this office, no matter who you are, you can see it at ANY TIME. Amy informed Caroline that by coming in and doing the proper procedures of going through an open records request and then you have ten days to comply with that and decide if it is going to be stricken or not and released you will get your response back and then you pay for it. Amy stated that is the proper procedure.
Caroline Bailey stated, so as the Town supervisor, you wanna have Brad pay for his records? Amy stated that what she is saying that if we go by this policy, he will get the packet and it would be his responsibility to pick it up. Caroline stated that Brad got his packet, he was notified at 6:50pm on Friday Night is when the book was available. Amy stated that is when she was notified. Caroline Bailey asked if Amy thinks that is enough time for you guys to make educated decisions up there on Monday night, when on Friday everybody's closed, Saturday you don't wanna bother people, Sunday you don't wanna bother people and Monday Pam works. Caroline stated, “Tell me when I'm supposed to get the information answered?” Amy stated that she managed to get it gone through. Caroline stated that is why Lee Turonie said, “Yes your wife may look at it any time and so may anybody else.”
Amy stated that when the Town elected Brad, she doesn't think they sanctioned and thought that Caroline Bailey would be making phone calls on behalf of the Board, as her husband's secretary because he is too busy. Amy stated that she expects, as her and Dave are on the Board, that being on the Board it is their responsibility so they carry through and do it. Brad stated that he thinks the Town residents know that him and Caroline are very close. Dave stated that there has been stuff that has gotten out before even he was aware of some stuff that was on the agenda. Dave stated that the Clerk at the time had gotten information and this is why we looked into it. Amy stated that if we are going into litigation there is going to be stuff in there that is not open record. Caroline asked if all she has to do is do the proper procedure and she has 10 days to provide it. Amy informed her that she has ten days to look at it and make a decision and then to get back to you. Caroline asked Brad if he gave them a copy of that other piece of paper. Caroline stated that it is ten days by the DOJ that they consider a reasonable time. Amy informed her that it is ten days to reply.
Dave stated that if this is going to be an issue with stuff getting out that is confidential then he would make a motion that the books don't go out until the night of the meeting. Caroline Bailey asked him if he is educated on it. Brad said they will table everything every month like they use to.
Amy/Dave made a motion that we go with the policy that they just discussed, and as far as the agenda, use citizen comment. Dave-Yes Brad-No Amy-Yes. Motion Carried.
ROAD VIEWING - Dave explained that we may have to bid jobs out and that they will look at the roads to see what needs to be done. Dave stated that he and Trav went and looked at Junction Rd, because we have a $30,000 grant for Junction Rd and would like to utilize that. Dave said that we have to bid that out according to LRIP policy. Brad asked how much we have to spend to get the $30k. Dave stated that at the time they put the grant together they were spending $90k, he said if we spend $90k we get about $30k back, so we would spend roughly $60k.
Dave stated that he spoke with Don Beatie of Scotts Construction and Don can go with the Board for road viewing to give us some ideas on the roads.
Discussion was held on the day to go viewing the roads. Dave/Brad made a motion to do the road viewing on April 21, 2012 at 8:00am starting at the Town Hall. Motion Carried.
CLERK WMCA TRAINING - Amy asked Pam if she would attend all three days and if she would stay all three nights or drive down in the morning on the first day. Pam stated that she would drive down in the morning of the first day and stay two nights. Dave/Amy made a motion that Pam attend the WMCA Conference August 22 - August 24, 2012. Motion Carried
DEPUTY CLERK/DEPUTY TREASURER - Dave explained that the way the Town policy is set, is that the deputy wages come out of the Clerk or Treasurer's wage and the Clerk and Treasurer appoint their own deputies. Dave asked Pam and Carol if they were interested in appointing deputies and they stated that they would discuss it. Dave/Amy made a motion to table this issue. Motion Carried.
WE ENERGIES LAND ON HWY CJ - Dave stated that he talked to them about donating the land and they stated that they would not. He said that it is about one acre parcel. WE Energies said that they had reduced the property from $35k to $10k already.
STANTON ROAD WATER ISSUES - Dave stated that Brad asked this to be put on and Brad stated that Dan Reen asked this to be put on the agenda. Dave asked if he was here and Brad stated that he doesn't come to the meetings. Brad stated that Dan would like to lower the culvert and Brad stated that there is nothing wrong with the culvert. Brad stated that Dan wants to know if it can be steel or plastic. Dave asked Brad if he was going to pay for it. Brad stated that he pays for the culvert, he would pay to have it lowered, but he does not want to pay for the asphalt back on the road. Brad stated that Dan wants it 21 inches. Brad stated that about a year ago he put bags of sakrete on both ends of the culvert. Amy stated that sakrete has been taken out of the culvert ends. Dave stated that it is running pretty good through there now.
Chuck Burkholz explained the reason why he had blocked a different culvert on that road. Chuck stated that Dan had excavated his entire ditch where it runs north and south, but on the far south end of the ditch where it turns east he did not excavate that ditch. Chuck said that he asked Dan if he was going to dig it out because it is like a dam over there. Chuck said he looked at it before the meeting tonight and he said the water seems to be flowing to the east side of Stanton Rd at the head of the tile where it heads south in the Tracy property. He said it seems to be free and flowing. Chuck said that on the west side of Stanton Rd at the east end of Dan's ditch where it meets the culvert, there is a significant amount of mud. Chuck said the water is running over that mud and down into the culverts. Chuck asked Brad if he knew what Dan wants. Brad said he thinks that Dan just wants to drain the marsh another 18”. Amy stated that if Dan choses to go farther than the 18”, we will not be paying for it again.
John Haase asked if this ditch is any different than any other ditch around here and why are we getting involved in it. Dave informed him because this culvert goes under our Town road. The board then discussed setting a precedent about who is going to incur the costs of such repairs in the future.
Brad/Amy made a motion that Dan Reen can lower the culvert 15 inches as long as he pays for the culvert and excavation and we will patch the road, but the blockage on the north culvert has to be taken out. Amy stated that if Dan decides to go farther and it becomes an issue again that we are not going to entertain paying for anything else. Motion Carried.
Chuck Burkholz stated that he has no problem removing the blockage that he put in a culvert, but he said this issue won't go away. He said he is not going to keep bringing it up because it is not his issue in the first place. Chuck said that leaving the blockage in there would actually help. He said it actually is to his detriment to leave it in there because in the event of a heavy rainfall and the water doesn't go under the road like it should and then it flows on his property. Chuck said that it is actually hurting him and he is willing to leave it in there to make Dan a little happier.
Caroline Bailey said she didn't think it was a good idea to remove that. The culvert is there for a reason but if Dan is not ok with the north culvert being unplugged then what? She said he gets what he wants but then he plugs up the north culvert again. Amy informed her that that is the way the motion was stated that he has to unblock the culvert.
Brad informed Chuck not to take out the culvert blockage before the culverts are in. Caroline Bailey asked if a letter was going to be sent to him. Pam stated that if the Board directs her to send a letter to Dan, she would.
TREASURER'S REPORT - Carol gave the Treasurer Report.
Beginning Balance as of March 12, 2012 $ 51,659.66
Interest Paid 3.14
Net Cash Income Total Deposited 78,746.10
Net Cash Expenses 87,991.94
Cash Balance as of April 16, 2012 42,416.96
Brad asked if we were over on any line items. Sandy said she didn't think so, but they didn't have time to get to that. Amy asked if we were over on the Horicon Bank. Sandy stated that the $171 was interest and we would have paid that whether we paid off the loan or not.
Brad questioned the IRS bill. Sandy explained that we were late on the January payment, due to the change of staff and it got missed. Sandy stated that however, Pam did file an appeal process and was able to get the penalty overturned on the Quarterly late payment.
Discussion was held on the per diem charge. Dave stated that when the per diem is less than two hours, the per diem should be charged half.
Dave/Amy made a motion to approve the bills. Dave-Yes Brad-No Amy-Yes. Motion Carried.
Amy requested to view the line items for GEC next month and to look at the Loan line item as well.
SPREADING WASTE ON JEFF & JEAN KREUZIGER PROPERTY - Brad questioned the spreading of waste and Dave explained to him that it is spreading of municipal waste, just like ULWR. Dave stated that it was not Jeff & Jean's issue, they were only asked to have it spread on their land. Dave said that the person with the responsibility was the contractor who spread it. Dave said they spread it on two other properties in the Township.
Jeff Kreuziger asked Brad what the problem was. Brad asked if it was supposed to be incorporated in the soil. Jeff said that it is not his responsibility. Brad said he wasn't even talking to him and Jeff asked him what the problem was. Brad said he didn't even address him and Jeff said he didn't. Brad said if you want me to and then said “First of all it is supposed to be incorporated within 6 hours, it's supposed to be covered by 4” of black dirt.” Jeff said it is black dirt and Brad asked “what, municipal waste is black dirt? Maybe you haven't driven by your farm lately.” Jeff said maybe not. Brad stated that he personally watched them dump one load and never moved the spreader.
Amy asked if this is something actively going on that is being spread now. Dave stated no, it was last fall. Jeff Kreuziger asked the Board what kind of action they wanted to take. Brad asked if there is any action that we can take. Brad stated “It wouldn't be against you, would it? What are you putting on all your other fields?” Jeff asked Brad why he is going after him and not the rest of the farms that took it over here. Brad stated that his is the only one he sees. Jeff asked if he hadn't seen the first three that got the municipal waste. Jeff asked if they ordered a pie on there too. Jeff stated that he has no idea. Brad stated that he feels everybody should watch their own properties.
Dave stated that his understanding (as well as Tim Dornfeld's) is that they did what they were allowed to do by the DNR. Brad asked if they can put on 18” or 2”. Tim stated that it had to be incorporated within 6 hours. Brad stated he thinks there should be a rate per acre or something. Tim agreed and asked what made Brad think that it wasn't plowed. Brad stated that he personally watched them dump a load and never get the spreader. Jeff asked him if he went out and measured it and Brad said he can't go on his property. Brad said “I could have called you but they are not talking, remember? Maybe we should start talking again.”
Dave stated that as far as he knows everything was done to DNR standards. Tim Dornfeld stated that the DNR was out there a lot and would walk down to his ponds and checked on his facilities and checked things out. Brad asked if Hwy M was a site too, the roadsides on Hwy M to spread there too. Tim said no. Brad said that they scraped the road at night and dumped it right in the ditch. Brad said it is just information.
Amy advised that they were contracted by MSA on behalf of the Village and it's the spreaders responsibility. Brad said it was the Village of Clyman's responsibility and Amy stated that technically it does go all the way back to the Village of Clyman. Amy said it is nothing that we can necessarily do. Dave said we would have no control, otherwise we'd have to look at where ULWR is spreading.
Amy stated that since this was 6 months ago, the DNR would have addressed if there were issues.
Jeff Kreuziger stated that he doesn't know why he is getting harassed all the time and the sneak attack on the agenda. Jeff said he wasn't even notified. Brad stated that would have been because of Pam. Pam informed Jeff that she could have notified him, had the Baileys let her know exactly what they wanted on the agenda. Caroline Bailey stated, you mean Brad. Jeff said doesn't the educator educate Brad. Caroline stated that he told her to look up some information and she did what he asked. Caroline stated that she found out what incorporation means, she looked up NR204, because he asked her to. She said he asked her when it had to be incorporated by and she found that information out. Caroline stated that she did exactly what he had asked her to do and he had her type the email while he was sitting right next to her to have Pam print on the agenda. Caroline stated that she thinks she educated Brad and informed him of what he wanted.
Amy asked if this is the same thing that Bob White was going to address. Brad said he has no idea. Dave stated that Walters & Sons was the contractor. Dave asked Tim Dornfeld if he knew if Walters & Sons was the contractor. Caroline Bailey stated yes because that was also in her notes that she found out.
Jeff Kreuziger stated that he did not know why they couldn't come and talk to him about it, why they had to bring it in front of the board. Caroline Bailey stated that she didn't want to get off the subject. Dave indicated that he agreed that it seems like a personal attack.
Jeff Kreuziger stated that he had a lawsuit by United (ULWR). Brad stated that we are getting off track. Jeff stated that we are, but it all relates here, with Caroline denying have any part of, right? Caroline Bailey asked what's that have to do with it. Jeff said having any part of when ULWR sued him. Caroline stated “I had no part of if honestly, Jeff, I'm sorry”. Jeff stated that he wanted to go on record that he was sued by ULWR and that Caroline denied that she had anything to do with it. Caroline said right. Jeff stated that even though he has official papers and anybody can look at them except Caroline, he said she can get her copy from ULWR and Brad too. Jeff said that there is 5 times that Caroline is listed in there. Jeff told Caroline that she just denied having anything to do with it. Caroline stated that she has never seen the papers. Caroline stated that if they asked her for her notes, she has provided them with her notes. Jeff stated that Caroline denied helping them sue him. Caroline said no, that he asked her if she was part of the lawsuit and if they ask her for information, she provided it, like she would do with anybody, except maybe Jeff. Caroline stated that when people ask her for information, her notes are her notes. Jeff said there is hand written notes that he got through the lawsuit. Caroline stated that she did provide them with any record that they wanted, but it doesn't mean she was part of the lawsuit. Jeff said that she denied it to him.
Brad asked Jeff Kreuziger if the Town paid for it anyway. Jeff said no they didn't. Jeff said that the Town didn't pay for his. Brad said that they said they did. Caroline Bailey stated, “Who cares.” Dave explained that the Kreuziger's had to hire their own attorneys and Nancy and Dave were covered by the Town. Jeff wanted to know why the Town didn't protect him. Brad said that Dave just said they did. Dave said no, they were on their own. Jeff asked them what he** he ever did to them. Brad stated that he didn't sue him. Jeff said no, but you helped, your educator helped. Caroline stated that if they requested her notes, she gave them to him. Caroline asked Dave if we could move on.
Jeff stated that Caroline Bailey's name is in there five times, “Information provided by Caroline Bailey”. Jeff said that she denied it to him, until now. Caroline stated that if they would ask her today for any of her notes, or all of her notes, she could care less what they do with them. Caroline stated that she can give her notes to anybody who asks and whatever they chose to do with them. Jeff said he asked her and she denied it.
Nancy Schlender stated that she wanted to remind the people in the audience that this is still the Town of Clyman NOT the Town of Bailey. Brad informed Nancy that it also is Freedom Of Speech. More discussion was held.
CORRESPONDENCE - Dave started with what Amy wanted to put on the agenda, Board Books and update on the snow plow.
Dave then stated that Brad wanted: 1. Dave Blank's 4th quarter 2011 time card (2nd request)
2. Chuck Burkholz's 4th quarter 2011 time card (2nd request)
3. 2012 updated budget sheet
4. copy of Carol Hrenak's cover letter and resume
5. copy of email/letter from Atty. Griggs (re: my having a conflict of interest at interview mtg. on 4-09-12)
6. updated list of dog licenses
Dave asked Pam if she checked with the WTA about releasing Carol's resume. Pam stated that she did and they did not recommend it because it is personnel.
Dave stated that WTA's scholarship needed to be postmarked by May 30, 2012.
Dave said he was contacted by the Dodge County Highway Dept about the bridge inspections. Dave said he told them to go ahead and do it. Brad asked what it costs. Dave stated that he was not sure, that it would be time and material.
Dave stated that they received notice from the DNR that ULWR is going to take down the tank and replace it, the other one that hasn't burst yet.
Dave read the letter from the GEC about their fuel surcharge increase. Amy asked if that is passed on and Dave informed her that it does.
Dave distributed an email from Tibbits about getting a dredge permit.
SET NEXT MEETING - May 14, 2012 @7:00pm
Amy/Dave to adjourn the meeting at 9:15pm.
Respectfully Submitted,
Pamela Antholt - Town Clerk
SPECIAL TOWN MEETING
CLYMAN TOWN HALL, 735 MAIN STREET
APRIL 21, 2012 @ 8:00am
BOARD ATTENDANCE - Chairman Dave Blank and 2nd Supervisor Amy Nehls.
The meeting was called to order by Chairman Dave Blank at 8:00am.
Dave stated that Clerk Pamela Antholt called him at 8am and stated that 1st Supervisor Brad Bailey was not coming and would meet up with them for road viewing in a couple of hours.
Amy/Dave made a motion to pay someone $10 per hour, not out of the Clerk salary, to fill the ULWR open records request. The cost will come from the requestor paying for the records request before they are handed over, per the Town's Policy on Open Record Requests. Motion Carried.
Dave/Amy made a motion to adjourn the meeting at 8:15am. Motion Carried.
Chairman Dave Blank and 2nd Supervisor Amy Nehls adjourned to do road inspections.
Respectfully Submitted,
Amy B. Nehls
IT SHOULD BE NOTED: Brad Bailey did not show up for the road viewing.