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TOWN OF SHERMAN BOARD OF SUPERVISORS
OFFICIAL PROCEEDINGS OF THE PUBLIC HEARING
Silver Creek Fire Department/Town of Sherman Office
W6566 State Highway 144
Tuesday, September 6, 2011
7:00 p.m.
Chairman Goehring opened the public hearing at 7:00 p.m. and led discussion regarding the land division requests submitted by Wayne Bruggink and Carolyn Wedekind. Public in attendance: Jim Bertram, Rodney Schroeter, Jim Brown, Rena Newell, Wayne Bruggink, Dawn Hansen, Rich Bremmer, Mark Mondloch, Chad M. Arndt, Bernadette Mondloch, Jim Schulz, Ron & Carolyn Wedekind and Dennis Hiller.
Goehring – A request for a land division by Wayne Bruggink, N2208 Silver Creek Cascade Road, to divide an approximate 44 -acre parcel located on Silver Creek Cascade Road, into two parcels, (1) 38.37-acres to remain zoned A-1, and (2) 5.90-acres to be zoned A-2.
Jim Bertram – I am not sure where exactly this land is located.
(Clerk/Treasurer handed Bertram a copy of the CSM for viewing. Bertram was now satisfied with the location.)
Goehring – The process of this land division started some time ago, but was never completed.
(Copied from Plan Commission minutes from July, 2011: In 2004, Bruggink had approached the plan commission for this same land division request, however it failed to reach the town board. When Bruggink was asked why that happened in 2004, he explained “this land is for my daughter and her family, and due to medical reasons, the division was put on hold. Her house has now sold, and they are ready to build on my land.”)
Goehring – A request for a land division by Carolyn Wedekind, 12 Timber Lane, Northbrook, IL to divide an approximate 40 -acre parcel located at W5973 Country Road A South, into two parcels, (1) more than 35-acres to be zoned A-1-PR, and (2) less than 6-acres to be zoned A-2.
Bremmer – Can I ask for clarification on the A1-PR zoning description?
Chairman Goehring read the current description from the zoning book.
Upon hearing no further comments, Chairman Goehring closed the public hearing at 7:08 p.m.
TOWN OF SHERMAN BOARD OF SUPERVISORS
OFFICIAL PROCEEDINGS OF THE MONTHLY MEETING
Silver Creek Fire Department/Town of Sherman Office
W6566 State Highway 144
Tuesday, August 2, 2011
7:00 p.m.
1. CALL TO ORDER: Town Chairman William Goehring called to order the Board of Supervisors Monthly Meeting by calling to order at 7:08 pm at the Silver Creek Fire Department. The meeting was held in compliance with the open meeting law having been posted at the National Exchange Bank in Adell, Adell Mini Mart, Midway Mart and the Silver Creek Fire Department. Some items may have been taken out of agenda order as announced at the start of the meeting.
2. ROLL CALL:
Members Present: Town Chairman William Goehring; Town Supervisors Robert Boehlke, James Fahney and Pat Horne
Members Absent: Kris Klein
Others Present: Clerk/Treasurer Rhonda Klatt, Jim Bertram, Jim Brown, Rena Newell, Wayne Bruggink, Dawn Hansen, Rich Bremmer, Mark Mondloch, Chad M. Arndt, Jim Schulz, Ron & Carolyn Wedekind, Dennis Hiller and Reporters Rodney Schroeter and Bernadette Mondloch. Rural Mutual Insurance Agent Gary Fischer arrived at approximately 8:00 p.m.
3. APPROVAL OF MINUTES: Motion by Fahney, seconded by Horne, all voting in favor to approve the minutes from the August 2, 2011 Regular Monthly Meeting, motion carried 4-0.
4. APPROVAL OF FINANCIAL REPORT: Motion by Fahney, seconded by Horne, all voting in favor to approve the financial report as presented, motion carried 4-0.
Account Balances as of August 31, 2011
#10-0038 General Fund / Checking $ 60,222.94
#10-0310 Tax & Dog Collections $ 14,352.95
LGIP # 1 Capitol Improvement $ 23,146.88
LGIP # 2 Tax Collection $ 125,644.15
LGIP # 3 Union Cemetery $ 3,132.00
LGIP # 5 Highways & Roads $ 139,133.95
APPROVAL OF PAYMENT OF BILLS: Motion by Fahney, seconded by Boehlke, all voting in favor to approve the payment of bills as presented, total $14,203.64, motion carried 4-0.
2468 9/06/11 Michael Paape $235.29 Payroll
2469 9/06/11 Karl Heichler $235.29 Payroll
2470 9/06/11 William Goehring $377.40 Payroll
2471 9/06/11 James Fahney $200.49 Payroll
2472 9/06/11 Robert Boehlke $200.49 Payroll
2473 9/06/11 Rhonda Klatt $1.321.87 Payroll
2474 9/06/11 Ralph Paape $200.49 Payroll
2475 9/06/11 Patricia Horne $200.49 Payroll
2476 9/06/11 Kristian Klein $196.74 Payroll
2477 9/06/11 Associated Appraisals $595.19 Assessor Fees
2478 9/06/11 Gerald Kiefer, Atty. At Law $25.00 Dog Ordinance Assistance
2479 9/06/11 National Exchange Bank & Trust (formerly Bankcard Services) $176.77 Outdoor Board, Postage
2480 9/06/11 Ritger Law Offices $4,052.01 Final Mudlaff Invoice
2481 9/06/11 Sheboygan County Treasurer $93.48 MFL taxes, Crack, Signage
2482 9/06/11 The Sounder $4,052.01 Official Notices
2483 9/06/11 US Postal Service $93.48 12 Month PO Box rental fee
2484 9/06/11 Veolia ES Solid Waste MW $533.76 August Trash/Recycle Hauling
2485 9/06/11 Walt Grotelueschen $1,644.16 August Building Permit Fees
2486 9/07/11 Wisconsin Towns Assoc. $737.00 2011 Conf. Registrations
**EP** = Electronic Payment
5. PUBLIC INPUT: None was heard.
6. BUILDING INSPECTOR REPORT: Motion by Horne, seconded by Fahney, all voting in favor to approve the permit applications, motion carried 4-0.
a. 7-11-02 Dennis Rice W6352 Cty Rd A Electrical
b. 8-11-01 Dan Memmel N2183 SC-Cascade Rd. Electrical
c. Zone 11-08 Dean Fenske W6249 Creek Rd. Zoning
d. 8-11-03 Garett Rortvedt W5689 Cty Rd W Garage
7. CONSTABLE REPORT: None
8. UNFINISHED BUSINESS: None
9. NEW BUSINESS:
a. Land Division Requests
i. Wayne Bruggink, N2208 Silver Creek Cascade Road, Property Located on Silver Creek Cascade Road: Motion by Fahney, seconded by Horne, all voting in favor to approve the land division as requested, motion carried 4-0. When asked why the remaining land (38.37 acre parcel) was not restricted from building, Chairman Goehring noted that Bruggink appears to be using the allowance for the retirement/child home as his daughter and her husband build on the smaller parcel. Parcel 59028-421241 is split into two parcels: Lot 1, zoned A-1, consisting of 38.37 acres, and Lot 2, zoned A-2, consisting of 5.90 acres.
ii. Carolyn Wedekind, 12 Timber Lane, Northbrook, IL, Property Located on County Rd. A: Motion by Horne, seconded by Fahney, all voting in favor to approve the land division as requested, motion carried 3-1, Boehlke opposed. Parcel 59028-422361 is split into two parcels: Lot 1, zoned A-2, consisting of 5.34 acres, and Lot 2, zoned A1-PR, consisting of 34.80 acres.
b. Gary Fischer, Rural Mutual Insurance, Town’s Insurance Review: (item taken out of order in anticipation of Fischer’s arrival). Mr. Fischer gave a brief overview of the current policy the town holds, as well as a few recommendations of possible improvements. As the board was in no position to make any changes at this time, Chairman Goehring thanked Fischer and Rural Mutual Insurance for all of their services over the years, and especially for extending the limit of $25,000 coverage (under the policy for the Mudlaff case where monetary damages are not sought).
c. Resolution #2011-04 Employee Grievance Procedure Manual: Motion by Boehlke, seconded by Horne, all voting in favor to approve Resolution #2011-04 Employe Grievance Procedure as presented, motion carried 4-0.
Resolution #2011-04
Municipal Code 59028
Town of Sherman, Sheboygan County
Employee Grievance Procedure
Whereas s. 66.0509(1m), Wis. Stat. requires local governmental units to adopt an employee grievance procedure;
Whereas the Town of Sherman, Sheboygan County, Wisconsin has thoughtfully considered this requirement and prepared an employee grievance procedure that contains the required elements;
Now, therefore be it resolved, that the town board of the Town of Sherman, Sheboygan, Wisconsin adopts the attached employee grievance procedure pursuant to s. 66.0509(1m), Wis. Stat.
Adopted this 6thday of September, 2011.
Dated this 6th day of September, 2011
__________________________________________
William Goehring, Chairman
__________________________________________
Attest: Rhonda J. Klatt, Clerk/Treasurer
(Post in 3 places within 30 days of adoption pursuant to s. 60.80, Wis. Stat.)
Town of Sherman, Sheboygan County, Wisconsin
Employee Grievance Procedure
Purpose: This grievance procedure is adopted pursuant to s. 66.0509(1m), Wis. Stat., and is intended to provide a timely and orderly review of disputes regarding: a) employee terminations, b) employee discipline, and c) workplace safety.
Definitions for terms used in this document:
"Days": means calendar days, excluding legal holidays as defined in s. 995.20, Wis. Stat.
"Discipline": means any employment action that results in disciplinary suspension without pay, disciplinary reduction in pay or other benefits, disciplinary demotions and terminations. The term "discipline" does not include verbal notices or reminders, written reprimands, performance evaluations, documentation of employee acts and/or omissions in an employment file, non-disciplinary demotions, non-disciplinary adjustments to compensation or benefits, actions taken to address job performance such as establishment of a performance improvement plan or job targets; placing an employee on paid leave pending an internal investigation; or other personnel actions taken by the employer for non-disciplinary reasons.
"Hearing Officer": means the impartial hearing officer required pursuant to s. 66.0509(1m)(d)2, Wis. Stat. The hearing officer selected by the town board is the town’s attorney.
"Termination": means a discharge from employment for rule violations, poor performance, acts detrimental to the employer or other acts of misconduct. The term "termination" does not include: a voluntary quit, completion of seasonal employment, completion of temporary assignment, completion of contract, layoff or failure to be recalled from layoff at the expiration of the recall period; retirement, job abandonment ("no call, no show" or other failure to report to work); or termination of employment due to medical condition, lack of qualification or license, or any other cessation of employment not involving involuntary termination.
"Workplace Safety": means any alleged violation of any standard established under state law or rule or federal law or regulation relating to workplace safety.
Process and Timelines:
1. The employee must file a written grievance with the town clerk within 10 days of the termination, discipline or actual or reasonable knowledge of the alleged workplace safety issue. So that an earnest effort can be made to resolve the matter informally, the grievant must discuss the issue with his/her immediate supervisor prior to filing the written grievance. However, in the case of a termination, such a meeting is not required. Grievance forms may be obtained from the clerk. The town clerk shall inform the employee's immediate supervisor and the town chair about receipt of the written grievance as soon as practicable.
2. The employee's immediate supervisor will meet with the grievant within 10 days of receipt of the written grievance. The supervisor will provide the grievant with a written response within 10 days of the meeting. A copy of the supervisor's response shall be filed in the clerk's office. If no one has been designated the employee's immediate supervisor, the employee will meet with the town chair who shall then provide the written response.
3. The employee may request an appeal to the hearing officer by filing a written request with the town clerk within 10 days of receiving the written response. The town clerk shall notify the town chair and employee's supervisor about the filing of the request for a hearing as soon as practicable. The town will work with the hearing officer and grievant to schedule a mutually agreeable hearing date.
4. The hearing officer shall provide the employee and employee's supervisor with a written decision no later than 30 days after the hearing date. The hearing officer shall also provide the town clerk with a copy of the decision for filing in the clerk's office.
5. The non-prevailing party may file a written request with the town clerk for an appeal to the town board within 10 days of receipt of the hearing officer's decision. The clerk shall notify the town chair about the request as soon as possible. The town board shall decide the matter and issue a written decision within 45 days of the filing of the appeal. The town board may sustain, deny or modify the recommendation of the impartial hearing officer. The decision of the town board shall be final and binding. A copy of the board's decision shall be provided to the employee and filed in the town clerk's office.
6. All timelines may be extended by mutual written agreement of the town board and employee. Without such agreement, a failure of the employee to adhere to any of the specified timelines shall preclude any further consideration of the grievance.
7. If the last day on which an event is to occur is a Saturday, Sunday, or legal holiday, the time limit is extended to the next day which is not a Saturday, Sunday or legal holiday. A grievance or request for an appeal is considered timely if received by the town clerk during normal business hours or if postmarked by 11:59 p.m. on the due date.
8. If the grievance is not answered within the time limits, at any stage, the employee may proceed to the next available step within 7 days.
9. The grievant and town board may mutually agree in writing to waive a step or multiple steps within the procedure.
10. Granting the requested or agreed upon remedy resolves the grievance.
Grievance Requirements:
The written grievance must contain:
1. A statement of the pertinent facts surrounding the nature of the grievance.
2. The date the incident occurred or the date the alleged workplace safety concern was discovered.
3. The steps taken to informally resolve the grievance, the individuals involved in the attempted resolution, and the results of such discussion.
4. The specific remedy requested; and
5. A description of the workplace safety rule alleged to have been violated, if applicable.
Supervisor's Response:
The supervisor's written response to the employee's written grievance must contain:
1. A statement of the date the meeting between the employee and supervisor was held.
2. A decision as to whether the grievance is sustained or denied.
Procedure Before the Hearing Officer: The hearing officer shall define the issues, identifying areas of agreement and identifying the issues in dispute and hear evidence and arguments. The hearing officer will determine whether the town acted in an arbitrary and capricious manner. A decision will not have been arbitrary or capricious if it was made in the best interest of the town. In all cases, the grievant shall have the burden of proof to support the grievance. This process does not involve a hearing before a court of law; thus, the rules of evidence will not be strictly followed. However, no factual findings may be based solely on hearsay evidence.
The hearing officer may require the employee and town to submit materials related to the grievance and witness lists in advance of the hearing in order to expedite the hearing. The hearing officer shall sustain or deny the decision of the employee's supervisor. The hearing officer is not given authority to modify the decision made by the employee's supervisor. The hearing officer is not given authority to grant in whole or in part the specific request of the grievant. Within 30 days after the hearing, the hearing officer will issue a decision in writing indicating the findings and reasons for the decision.
If the hearing officer's decision on any grievance is appealed, only the issues raised in the hearing may be appealed. Issues are not subject to modification in the appeal process.
Hearing Officer's Decision:
The hearing officer's written decision must contain:
1. A statement of pertinent facts surrounding the nature of the grievance.
2. A decision as to whether the grievance is sustained or denied, with the rationale for the decision.
3. A statement outlining the timeline to appeal the decision.
Representation: Both the employee and the town may be assisted by a representative of their own choosing in person or by teleconference at any point during the grievance process.
Consolidation: The employee's immediate supervisor and/or the hearing officer may consolidate grievances where a reasonable basis for consolidation exists.
If more than one employee is grieving the same issue or circumstance, a single grievance form may be used. A group grievance must be signed by all grieving employees and must indicate that it is a group grievance at the first step in the grievance process.
Costs: Any expense incurred by an employee in investigating, preparing, or presenting a grievance shall be the sole responsibility of the employee. Each party (employee and employer) shall bear its own costs for witnesses and all other out-of-pocket expenses, including possible attorney fees. The fees of the impartial hearing officer shall be divided equally between the parties with the employee(s) paying half and the employer paying the other half. The fees of the hearing officer will be the same as the current rate the hearing officer is charging the town for all legal work performed on behalf of the town.
d. Two (2) Appointments to Plan Commission: A motion was made by Goehring, seconded by Fahney to re-appoint Jim Fahney (liaison member to the board) and Bill Miller (citizen member) to the Plan Commission for a 3-year term. Discussion was held on the possibility of appointing a different citizen member, or rather taking each appointment separately. Vote was taken on original motion and resulted in a tie, Horne and Boehlke opposing. Motion died. Motion by Goehring, seconded by Boehlke, all voting in favor to approve the re-appointment of Jim Fahney (liaison member to the board) to the Plan Commission for a 3-year term, motion carried 4-0. The citizen member appointment will be placed on the October agenda, and the acting alternate member, Jim Schulz, will be in attendance at the next PC meetings prior to appointment.
e. Draft 2012 Budget: Clerk/Treasurer Klatt presented a draft 2012 budget to the board. Chairman Goehring asked members to review and to come prepared with amendments to the October meeting. Past practice has been to approve the final budget in November.
f. Liquor License Applications: None
g. Next regular meeting date: October 4, 2011
10. TOWN CHAIRMAN REPORT:
a. Chairman Goehring asked Fahney to attend the 2012-2013 Town Road Improvement Program meeting on Wednesday, September 21, 2011 at the Greenbush Town Hall, Fahney accepted. As a county supervisor, Goehring felt it could be considered a conflict of interest for himself to attend, and Klein, who is a member of the road committee with Fahney, would also be considered a conflict of interest as he is a county highway employee.
b. The Safe Routes to School project and Random Lake Road project is complete.
c. Traffic on Camp Awana Road has been increasing, and worries of the road not being to withstand that amount was discussed. According to the WTA, it is possible for a town to change, by ordinance, a road to a Class B road. Clerk/Treasurer Klatt was instructed to obtain such an ordinance, and place on the October agenda.
11. REPORTS OF TOWN COMMITTEES:
a. Boehlke & Horne, Transfer Station: Clerk/Treasurer Klatt was asked to amend the picture chart the attendants are to be using for fee collections. The question of issue receipts was also raised, but no action taken.
b. Fahney & Klein, Roads:
i. An estimate was received to replace the cross culvert on Allen Road from Sheboygan County Highway Department. To replace the culvert with plastic pipe, the estimate is $3,000, or to replace the culvert with corrugated steel, the estimate is $3,700. Motion by Boehlke, seconded by Horne to authorize Supervisors Fahney and Klein to talk to the county highway department to learn the longevity of each material and to make the decision, based on their findings, of which material the county should use, motion carried 4-0.
ii. Resident Jim Bertram asked about the mowing of the ditches, and since the town is limiting mowing to once per year, could private citizens pay to have the county mow the ditches on their own properties? Chairman Goehring said anyone with such a request could contact Jim Fahney who could obtain an estimate of the cost for the individual.
c. Bill Beverly, Plan Commission: The next PC meeting will take place on September 14. The initial survey and cover letter is now in the reviewing stage. Beverly asked the board how it felt about supplying postage on return envelopes to the citizens of the town, and the consensus of the board was that it would be in favor of doing such.
d. Dennis Hiller, Park Board:
i. Hiller asked if the Safe Routes to School trails are to be plowed in the winter. Chairman Goehring stated that the Random Lake School District would like to see how well they are being used before officially referring to them as “Safe Routes to School” and we will put off a decision on plowing until we determine usage, which would require plowing. This item has been tabled to next month.
ii. A couple of large trees were damaged in recent storms, and Hiller cut the fallen branches and disposed of them in the back area of the park. He noted there were additional trees that are in need of trimming and asked where he can dispose of this material. Consensus of the board was that a second natural dump day will be held this fall, and he could bring them then.
iii. Hiller asked for a mention in The Sounder article of tonight’s meeting for a donation of ball diamond rake, which he says is the way the surrounding communities have received their rakes.
12. MISCELLANEOUS BUSINESS:
a. Clerk’s Communications
i. A reminder of the appreciation dinner was mentioned.
ii. The population estimate has been received, and is 1502, three less than last year.
iii. WTA conference registration forms will need to be turned in as soon as possible.
13. ADJOURN: Motion by Fahney, seconded by Horne, all voting in favor to adjourn. Motion carried 4-0. Time: 8:20 pm
__________________________
Rhonda J. Klatt, Clerk/Treasurer
Archive:
September 6, 2011 September 6, 2011 Monthly Town Board Meeting Minutes - DRAFT
August 2, 2011 August 2, 2011 Monthly Town Board Meeting Minutes
July 5, 2011 July 5, 2011 Monthly Town Board Meeting Minutes
June 7, 2011 June 7, 2011 Monthly Town Board Meeting Minutes
May 3, 2011 May 2011 Monthly Town Board Meeting Minutes - DRAFT
April 4, 2011 April 4, 2011 Town Board of Supervisors Monthly Meeting
March 1, 2011 March 1, 2011 Town Board of Supervisors Monthly Meeting
February 7, 2011 Town Board of Supervisors Monthly Meeting
January 24, 2011 Town Board of Supervisors Special Meeting
January 4, 2011 Town Board of Supervisors Monthly Meeting