Rushford Town Board Minutes

Wednesday, March 7, 2012

The Town of Rushford Board meeting was called to order at 7:0 pm by Chairman Thomas Egan followed by the Pledge of Allegiance. Roll call was taken with Tom Egan, Patrick Kafer, Jerry Schoonover, Kathryn Lewis, and Peggy Hendricks present. Also present for all or part of the meeting: 15 additional persons per attendance record on file, although several others were present, but did not sign in.

Statement of Public Notice: The Rushford Board Meeting, notice of possible board quorum for February 14 & February 24, and the zoning committee meeting were posted at the Eureka post office building, the Waukau Post office, the Town hall door and the Town web page. In addition, notice of 3 public hearings was posted in the Oshkosh Northwestern. Notices were mailed to Town Board members and the Zoning Administrator.

Clerks Report & Minutes: Motion by Schoonover, 2^nd by Kafer to approve the minutes as presented for the February 1st Town board meeting. One correction was bought up. Change should be made from fire truck loan to fire truck CD. Motion carried with correction.

Sheriff’s Department representative: A Winnebago Sherriff County Officer was present to hear concerns and answer questions.

Treasurers Report was given by Kathryn Lewis. The balance at the end of February in the general account is $100,588.14. Motion by Kafer, 2^nd by Schoonover to accept the treasurer’s report. Motion carried.

Payment of invoices: Peggy Hendricks approved and submitted to the board the bills for March in the amount of $53,967.31 for approval of payment. It was stated that receipts from Winnebago Co Highway in the amount of $218.70 and $15,420.29 from Radtkes were received and taken from prepaid monies. These amounts were not included in the submittal of bills Motion by Kafer, 2^nd by Schoonover to pay March bills as submitted.

Public Input: Frank Frassetto, candidate for the 53^rd assembly and chairman for the Town of Black Wolf introduced himself.

Jim Schoonover inquired about residual contamination under Archery Drive. Tom Egan stated this item was on the agenda and would be covered.

Communications & Correspondence:

Tom Egan read the following:

· An email from Wendi Laverenz concerning the street light on Quarry Drive.

· A letter from Action Appraisers & Consultants Inc regarding USPAP reporting for 2013

· Information from the Division of Transportation concerning the US 41 project and the WIS 21 Interchange and Lake Butte des Morts Causeway

· Notice of Entry of Corrected Judgment from Winnebago Circuit Court concerning foreclosure on parcel #022 0702-02, Delwin Dubinski, River Road.

· A public record request from Teresa Hestekin from Eau Claire

Discussion of Town Hall maintenance/needs:

Tom Egan presented the Satisfaction of Real Estate Mortgage. There was a round of applause for the payoff of the town hall!

Tom Egan stated that something has to be done on the light that shines on the lettering on the building that says TOWN OF RUSHFORD. The light and replacement bulbs are very expensive and has not been working.

Motion by Kafer, 2^nd by Schoonover to approve and sign the application for telephone company construction for 2012-2013. Motion carried.

Residual Contamination under Archery Drive: Tom Egan read the letter from Robert E Lee & Associates concerning petroleum contamination that was discovered in 1999. Enclosed were groundwater analytical results. It is anticipated to be present in the right-of-way and precautions may be need to be taken when excavating soil or dewatering this area in the future. They are in the process of submitting a case closure request to the WDNR for the site. Kafer stated that he was concerned that if any work would be done, the town would be liable to clean out the area. He feels it should be the owner’s or WDNR responsibility.

Roads & Brushing: Tom Egan reported the Wi Correctional Department is still cutting brush. A road tour to inspect the roads will be in early April.

New Business: Tom Egan read a letter from Renee Kasuboski concerning the charge for garbage pickup on the tax bill for parcel 022 052801. Motion by Kafer, 2^nd by Schoonover to refund $150 garbage fee for parcel 022 052801 because they do not have a residence on the property. DISCUSSION: Tom Egan asked how much longer the town was going to give Kasuboski to build their home. The clerk will look into the Conditional use permit they were issued and will send a letter requesting their plans when she sends the refund check. Motion carried.

There was discussion on the agenda for the Annual meeting. Suggestions for speakers were Omro Fire Department chief, a representative from the insurance company & Veolia.

Hendricks received a letter from the state regarding the standard mileage rates. She asked if the town set the rate or if it went along with the state rates. It was stated that this rate is set by the town electors since it is part of their salary. It can be put on the annual meeting agenda.

Town Zoning Committee Report – Fred Kasten

Fred Kasten gave the Town zoning report due to Tom Jackson being ill. Fred Kasten read each of the public notices for the public hearings which were held.

Fred Kasten read the public posting regarding the zoning change and CSM for Ralph King.

Motion by Kafer, 2^nd by Schoonover to approve the pending CSM for parcel 022 0241 and to approve the recommendation of the zoning committee to rezone Lot 1 of the CSM for parcel 022 0241 from A-1, agricultural to A-3 (rural agricultural) once the CSM is handed in. Motion carried.

Fred Kasten read the public posting regarding the zoning change and the Conditional use permit for Shane Coombs. The parcels in question were Enterprise School on Liberty School Road.

Motion by Kafer, 2^nd by Schoonover to approve the zoning change for parcels # 022 004801 & 022 004901 from R-2, Multi-family to A-2 with the condition the owner tries to combine the two lots into one parcel. Motion carried.

Motion by Kafer, 2^nd by Schoonover to accept the recommendation of the zoning committee and approve the Conditional use permit for parcels #022-004801 and 022-004901 for a winery and brewery with retail sales and tasting room along with a residence with the following conditions:

· Hours of operation will be 11 am-7 pm on Wednesday, Thursday and Sunday, 11-9 on Friday and Saturday, closed on Monday and Tuesday.

· To obtain all federal & state permits and licenses

· Establish review in 3 years

· Be in compliance with the Towns ordinances with signage, permits and licenses.

Discussion: Tom Egan asked if he was considering serving food. Mr Coombs stated only cheese, crackers and sausage to pair with the wine. Patrick Kafer inquired about the residence. Mr Coombs stated at this time he was only thinking about have a couple rooms set aside for his residence. At a later date, a bed and breakfast inn might be considered. Hendricks said that the state has strict rules on a residence and a distillery or winery. Pat Kafer stated that he is concerned about issuance of a liquor license for a tasting room. It is not known if another one can be acquired for the Township from the State. He feels uncomfortable if the business did not flourish, an extra liquor license would be out there and not be used for what it is intended for. Hendricks said she would check with the state about the Town being able to get another liquor license and if it is possible for a different kind of license for a winery besides a liquor license.

Motion carried.

Action on hiring for rewrite/amending of town ordinances: Tom Egan explained it has been discussed to hire someone to go though our town ordinances and this has been written into the budget for this year. There are discrepancies present that should be amended along with updating the ordinances. Three proposals have been submitted. Motion by Kafer, 2^nd by Schoonover to accept the proposal for Town of Rushford Zoning Update by Dean Kaderabek for $9000.

Discussion: Pat Kafer asked what would happen with the Farmland preservation zoning ordinance since it has not been approved by the state. The County will be meeting on March 20 to approve/disapprove what they have. Should the County decide to adopt the plan in its present form, the department will be required to formally withdraw certification. As a result, no landowners in Winnebago Co will be eligible to collect tax credits for 2012. The Steering committee will be reconvening to see if they can come up with something different to send to the state. A farmland preservation zoning ordinance could be written into our updated ordinance and be taken out if it does not pass the state level. There was continued discussion on the Farmland preservation program by Fred Kasten and the board.

Motion carried.

Discussion on Nomination for Zoning Committee: Tom Egan stated that the way our ordinance reads, everyone’s terms on the zoning committee will be up this year. There are 4 committee members and 1 representative from the Board. Tom Egan had concern of having a complete turnover of new people on the committee. Kafer and Schoonover agreed. Dean Kaderabek will be replaced since he is doing the rewrite. The town board member can be switched to another board member. Patsy Pomplun stated that according to our ordinance, a member could be on the committee for 3 years, but then they would have to be off for 1 year. Everyone has served 6 years total. The entire committee should be replaced. Kafer stated he does not feel comfortable replacing the whole committee especially with the rewrite. Pomplun stated at one time all the members that are serving now were new. It is possible for the old committee members to be on a committee for the rewrite. Egan said the board representative was supposed to serve for one year. Two people were to be on for two years and the two others for 3 years so it would be staggered. The Town Board appoints the zoning committee after election. Tom Egan suggested the clerk put notices out for interested persons to submit to the board by April 1^st a letter of why they would like to be on the zoning committee and what their qualifications are. The Board will appoint zoning committee members at the May meeting.

Old Business:

Discussion on Parcel #022 031203, 8858 Edgewater Ridge, James Erdmann: Hendricks stated that she contacted a WTA attorney and they suggested getting a raze order. This is the same as non habitual. An attorney would have to issue a court order. Tom Egan said that the County Health Department is looking into it, for they did not think anyone was living there now. Motion by Kafer, 2^nd by Schoonover to table this for one month. Motion carried. Tom Egan asked the clerk to send a certified letter to Mr Erdmann explaining this will be on the agenda in April and suggest attendance.

Unpaid Dog Fines: Hendricks stated she contacted the WTA attorney to see if an unpaid fine could be put on the tax bill. The answer was no. Attorney Selsing was contacted February 29, 2012 to proceed with the steps necessary in filing with the County Court. A notice was sent to the resident for Pursuant to the Fair Debt Collection Practices Act on January 11, 2012.

Hendricks asked when the Eureka posting board can be moved to the siren pole in Eureka. Pat Kafer will work on this. Pat Kafer asked the clerk to check on the prices of the posts for the 911 signs. The Town needs to order more and we should do some price checking, for he thought the shipping was expensive through Langes.

Arlo Pit Water Request: Tom Egan went though the requests Arlo Pit sent out to the neighbors concerning water testing for well contamination. 5 were sent out. One requested water sampling. The lab results were sent in to file in the clerk’s office. Tests results were fine.

Hendricks picked up the flag which was approved for the inside of the building. The Board is not happy with it. We went through the Legion for they had the best price and monies were donated for the kids of veterans. Dean Larsen will be contacted to see what we can do.

Dog, Constable Report: Peggy Hendricks reported Mr Mier had mileage for dog and cat complaints. No citations were issued. Tom Egan mentioned that the county will be licensing cats in their new re-write.

Reports on Meetings that have been attended:

· The board reported on the Omro/Rushford Fire District meeting held February 8^th

· Kafer, Schoonover and Hendricks commented on the WTA Workshop in Ripon, February 24

County Report by Tom Egan:

· The bridge will be closed 2013 instead of 2012. Bids did not get out early enough. Starting date would have been in July, which would cause hardship for the farmers. The City of Berlin and Omro is disputing the clearance. The State got involved and they said if the bridge was held off that they would take the cap off the money and give the County more money to build the bridge. There is a lot of bridge building going on in 2012. It is thought the price will be less if bids are taken for 2013.

· Oshkosh, Neenah and Winnebago County has joined for a joint Health Department. The State says a 60 day waiting period is necessary.

· Purchasing land out by Wittman Airport

Upcoming meetings and workshops:

· Wisconsin Municipal Clerk District Meeting March 23 at the Menasha Town Hall

· Election Information meeting on March 26 at 1:00 at the Coughlin Center

· Annual Meeting on April 11 at 7:00

· Rescheduling of Plan Commissioner Network meeting from February 29^th to April 25 at the Coughlin Center

· Spring Election Day April 3

· Town of Nepeoskun will have a county unit meeting on April 5

Motion by Kafer, 2^nd by Schoonover to approve registration monies in the amount of $20 for the clerk to attend the WMCA district meeting. Motion carried.

Motion by Schoonover, 2^nd by Egan to adjourn at 8:50. Motion carried.

Respectfully submitted by Peggy Hendricks, Clerk