Town of Sherman, Sheboygan County, Wisconsin : Meeting Minutes

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April 4, 2011 April 4, 2011 Town Board of Supervisors Monthly Meeting

TOWN OF SHERMAN BOARD OF SUPERVISORS
OFFICIAL PROCEEDINGS OF THE PUBLIC HEARING
Silver Creek Fire Department/Town of Sherman Office
W6566 State Highway 144
Monday, April 4, 2011
7:00 pm

1. CALL TO ORDER: Town Chairman William Goehring opened the Board of Supervisors Public Hearing by calling to order at 7:00 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 Lester Miller, Robert Boehlke, William Miller, and James Fahney
Members Absent: none
Others Present: Clerk/Treasurer Rhonda Klatt, Sherman residents Mike Kirmse, Patricia Horne, Thomas & Annette Spieker, Jim Schulz, David & Donna Kaiser, Bill Beverly and Dennis Hartwig, Kapur & Associates Engineer Don Albright, and Reporters Rodney Schroeter and Bernadette Mondloch

3. Discussion and Action: Conditional Use Permit, as Recommended by the Plan Commission, Tom & Annette Spieker, for a One-Chair Salon on A-2 Zoned Property Located at N1181 State Hwy 57, Random Lake: Discussion was held with the Spiekers regarding their plans for the salon. Mr. Spieker noted that the original plan to expand the existing pole shed building to house the salon has changed due to DNR regulations of floodplains. As no further comments were heard, Chairman Goehring closed the hearing at 7:03 p.m. (Plan Comm. Minutes from March 10, 2011 details as follows: The Spiekers described to the board the need for a one-chair hair salon to be housed in a new addition to the existing workshop on their property, N1181 State Highway 57, Random Lake. The 16� x 36� addition would consist of a storage area, a bathroom, a utility room and the salon. The addition would remain within the setback limits of the current zoning code, and a small holding tank will be installed to be pumped to the main holding tank at the house. The business would be open approximately 20 hours per week, and would not have any additional employees other than Mrs. Spieker. Based on recommendation from town Attorney Ed Ritger, the commission felt it best to recommend a conditional use permit instead of rezoning the property. Attorney Ritger further recommended in a letter dated March 1, 2011, the current town ordinance is not up to date in the regarding of using conditional use permits for home occupations, and specified Section 3.4. (More discussion was held on the update of the ordinances held later in this meeting.) Motion by Heidel, seconded by Schultz, all voting in favor to recommend to the town board the conditional use permit be granted to Tom and Annette Spieker for a one-chair hair salon with the following two (2) conditions: (1) Limit employment to not more than three employees, and (2) Permit to be valid for two (2) years and is to be renewable if conditions are met, motion carried 5-0.)

TOWN OF SHERMAN BOARD OF SUPERVISORS
OFFICIAL PROCEEDINGS OF THE MONTHLY MEETING
Silver Creek Fire Department/Town of Sherman Office
W6566 State Highway 144
Monday, April 4, 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 7:04 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 Lester Miller, Robert Boehlke, William Miller, and James Fahney
Members Absent: none
Others Present: Clerk/Treasurer Rhonda Klatt, Sherman residents Mike Kirmse, Patricia Horne, Thomas & Annette Spieker, Jim Schulz, David & Donna Kaiser, Bill Beverly and Dennis Hartwig, Kapur & Associates Engineer Don Albright, and Reporters Rodney Schroeter and Bernadette Mondloch.

3. APPROVAL OF MINUTES: Motion by L. Miller, seconded by Fahney, all voting in favor to approve the minutes from the March 11, 2011 Regular Monthly Meeting, motion carried 5-0.

4. APPROVAL OF FINANCIAL REPORT: Motion by Fahney, seconded by W. Miller, all voting in favor to approve the financial report as presented, motion carried 5-0.

Account Balances as of March 31, 2011
#10-0038 General Fund / Checking $ 130,022.71
#10-0310 Tax & Dog Collections $ 13,225.46
LGIP # 1 Capitol Improvement $ 18,290.44
LGIP # 2 Tax Collection $ 39,560.37
LGIP # 3 Union Cemetery $ 3,130.69
LGIP # 5 Highways & Roads $ 139,076.09

APPROVAL OF PAYMENT OF BILLS: Motion by W. Miller, seconded by Fahney, all voting in favor to approve the payment of bills as presented, total $77,513.95, motion carried 5-0.

2363 Mar 8 Wisconsin Towns Association $160.00 4 regs. District 6B Mtg @ RL
2364 Apr 4 Paape, Michael $188.23 Payroll
2365 Apr 4 Heichler, Karl $141.18 Payroll
2366 Apr 4 Goehring, William C. $377.40 Payroll
2367 Apr 4 Miller, Lester P. $200.49 Payroll
2368 Apr 4 Miller, William T. $200.49 Payroll
2369 Apr 4 Fahney, James E. $200.49 Payroll
2370 Apr 4 Boehlke, Robert E $200.49 Payroll
2371 Apr 4 Klatt, Rhonda J. $1,321.87 Payroll
2372 Apr 4 Paape, Ralph $47.07 Payroll
2373 Apr 4 Adell Co-op $15.40 LP Cylinders @ Transfer St.
2374 Apr 4 Adell Fire Department $9,214.50 1 of 2 �2011� Support Pymt
2375 Apr 4 Adell First Responders $2,208.00 1 of 2 �2011� Support Pymt
2376 Apr 4 Associated Appraisals $596.95 Professional Services
2377 Apr 4 Bankcard Services $43.06 Auditor & Bd. Pkt. Postage
2378 Apr 4 Batavia First Responders $700.00 1 of 2 �2011� Support Pymt
2379 Apr 4 Lakeview Community Library $10,685.50 2nd Qtr 2011 Support
2380 Apr 4 Random Lake Ambulance $7,453.00 1 of 2 �2011� Support Pymt
2381 Apr 4 Random Lake Fire Department $9,214.50 1 of 2 �2011� Support Pymt
2382 Apr 4 Sheboygan County Treasurer $20,387.36 Salt, Plowing
2383 Apr 4 Silver Creek Fire Department $9,214.50 1 of 2 �2011� Support Pymt
2384 Apr 4 The Sounder $127.06 Election, Hours, Liquor, CUP
2385 Apr 4 Veolia ES Solid Waste MW $3,070.91 Trash & Recycle Hauling
2386 Apr 4 Walt Grotelueschen $148.50 March 2011 Bldg. Insp. Fees
2387 Apr 4 Wisconsin Towns Association $645.00 2011-12 Membership Dues
2388 Apr 6 Carol Voeks $248.00 2011 Elections & Ballot Tests
2389 Apr 6 Elaine Oskey $52.00 2011 Elections & Ballot Tests
2390 Apr 6 Jan Habeck $96.00 2011 Elections & Ballot Tests
2391 Apr 6 Lorna Marquardt $248.00 2011 Elections & Ballot Tests
2392 Apr 6 Marilyn Miller $96.00 2011 Elections & Ballot Tests
2393 Apr 6 Nancy Schroeter $52.00 2011 Elections & Ballot Tests
2394 Apr 26 Wisconsin Towns Association $120.00 2 Regs. New Officials Wkshp.

**EP** = Electronic Payment

5. PUBLIC INPUT: Knut Apitz asked for a repeat of the conditions proposed for the Spieker CUP and an explanation of why they (the conditions) were chosen. The conditions were reread aloud and Chairman Goehring explained that a similar CUP (Borgwardt) has the same conditions and since they are the same type of business, it was recommended by the Plan Commission.

6. BUILDING INSPECTOR REPORT: None.

7. CONSTABLE REPORT: None

8. UNFINISHED BUSINESS:

a. Dave Kaiser, Parking Conditions on Hwy. A: Supervisor Fahney had been previously asked by a resident about all of the cars that park on Hwy. A on Saturdays while Kaiser�s junk yard is open for business, and the potential danger it may cause. Kaiser responded that �in 35 years it has never been a problem. The hours are only 8 a.m. to 2 p.m., one day a week.� He further went on to say �I don�t know who�s complaining, but they must be driving way too fast for Hwy A, and maybe they should be driving more carefully.� It was the consensus of the board not to take action based on (1) it is a county highway, and the county has never approached the board with concerns, and (2) it has a wide shoulder allowing most cars to be two to three feet off the road. The board thanked Kaiser for his attendance.

b. Mowing of Wayside Parkland: It was discovered that in 1957 the park was deeded to the Silver Creek Fire Department. Consensus of the board was that the town has been a good Samaritan by paying for the maintenance of the land for many years, and perhaps it is time for the fire department to take over responsibility. Item tabled until May when more information from the department is available.

c. Sale of Trash Bags at the Transfer Station: Item was tabled until May.

9. NEW BUSINESS:

a. Conditional Use Permit, as Recommended by the Plan Commission, Tom & Annette Spieker, for a One-Chair Salon on A-2 Zoned Property Located at N1181 State Highway 57, Random Lake: Having been notified of the location change of the addition, Motion by W. Miller, seconded by L. Miller, all voting in favor to grant a conditional use permit to Tom & Annette Spieker, N1181 State Highway 57, for a one-chair hair salon on A-2 property with the following two conditions: (1) Limit employment to not more than three employees, and (2) Permit to be valid for two years and is to be renewable if conditions are met, motion carried 5-0.

b. Matthew Eischen, Eischen Auto, Request for a New Business at N511 State Highway 57: Due to the type of business (auto repair and salvage), Motion by L. Miller, seconded by Fahney, all voting in favor to refer Eischen to the Plan Commission to apply for a conditional use permit, motion carried 5-0.

c. Liquor Licenses: Motion by W. Miller, seconded by Boehlke, all voting in favor to grant a �Class B� Combination Intoxicating Liquor & Fermented Malt Beverages License to Nicole M. Beyer, 115 4th Street, Sheboygan Falls d.b.a �The Big Easy Bar & Grill�, N1481 State Highway 57, Random Lake, motion carried 5-0.

d. Next Meeting: Tuesday, May 3, 2011

10. TOWN CHAIRMAN REPORT: (1)The Chairman received a call from the Sheboygan County Highway Department reminding the town it was going to be charged for reposting the new weight limit on the Creek Road East Bridge from the 10 ton limit. L. Miller stated he is appealing and will be meeting with the county soon. Chairman Goehring thanked L. Miller for taking care of the matter. (2) Bidding for the bike path project will occur in June. (3) Kevin Struck, UWEx, is working on various proposals to recodify the zoning code. (4) Thank You to Town of Scott (Dennis Janz) for driving all five Sherman board members to Madison to attend Capitol Days on March 30, 2011. At the event, it was discussed how the elimination of recycling grants, cutting of shared revenue, and decreased in per-mile of road aid is not appropriate for municipalities. (5) There are some discrepancies from Emergency Management as to when the sirens need to be changed. Chairman Goehring recommends �holding off on making the purchase until we have to.� (6) The fire departments have a new means of communicating with the Sheriff�s Department and reporting fire data to the county, which can be done on one of the laptops the SCFD owns. Many questions about charges for using this system and who will pay the cost remain unanswered.

11. REPORTS OF TOWN COMMITTEES:
e. Bob Boehlke & William Miller: Transfer Station
i. (2) Saturdays Marked for Natural Materials Dumping: Motion by W. Miller, seconded by Fahney, all voting in favor to mark Saturday, April 30, 2011 as a Natural Materials Dumping Day at the Transfer Station, and if all goes well, then a tentative date of October 29, 2011 will be named as well, motion carried 5-0. It was further noted that this natural dump day may or may not become an annual event, but rather a one-time �test run� to see how well received.

f. Lester Miller & James Fahney: Roads
i. Bridge Inspection Report � Sheboygan County Highway Department issued the bridge report with the assistance of state inspectors and suggestions were as follows: (1) Camp Awana Road bridge � suggested putting stones by footings; paint railings. (2) Abbott Drive bridge � bearings, on which it sits, are seized up and need to be lubricated/repaired; estimates will be available soon. (3) Silver Creek Cascade Road bridge � being 85 years old, it is suggested to be completely replaced.
ii. Schedule Spring Road Tour � The tour was originally scheduled for Saturday, April 9, 2011 at 8:30 p.m., however, it was the consensus of the board to change that date because of the upcoming election, and possible change in board. The new date was scheduled for Saturday, April 23, 2011 at 7:00 a.m. A posting was made at the town hall by Chairman Goehring stating the postponement of the April 9th meeting.
iii. Other � Discussion was held on the brushing work on Silver Creek Cascade and Lynn Roads. The fence on Silver Creek Cascade Road has not yet been repaired by the county. (see minutes from Feb for more explanation).

g. Bill Beverly: Plan Commission: A meeting of the plan commission has been scheduled for April 21, 2011. Clerk/Treasurer Klatt was reminded to add Matthew Eischen to that agenda for a conditional use permit application.

h. Dennis Hiller: Park Board: Hiller not in attendance; no action taken on this item.

12. MISCELLANEOUS BUSINESS:
i. Clerk�s Communications
i. Presentation of Lakeview Community Library�s State-Required Annual Report
ii. Presentation of Preliminary Annual Report, Final 2010 Budget Figures
iii. Bay-Lake Regional Planning Commission, 2011 Community Economic Development Project Inventory Survey
iv. Board of Review Dates Set: Open Book, April 19, 2:00 � 4:00 p.m., Board of Review, May 24, 7:00 � 9:00 p.m.
v. Annual Meeting Date: Tuesday, April 12, 2011, 8:00 p.m.

13. ADJOURN: Motion by Fahney, seconded by W. Miller, all voting in favor to adjourn. Motion carried 5-0. Time: 8:34 pm

__________________________
Rhonda J. Klatt, Clerk/Treasurer

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