Rushford Town Board Minutes

Wednesday July 7, 2010


The Town of Rushford July 2010 Board meeting was called to order at 7:00 pm on July 7th by Chairman Tom 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:  12 additional persons per attendance record on file.


Statement of Public Notice:   This meeting, the meeting for road discussion, and the meeting of the Board of Review was posted at Eureka & Waukau post office, the web page, and the town hall door. Notices were also mailed to Town Board members and the Zoning Administrators.   


Public Input:  Ellen Newman, 4552 Poygan Ave, addressed the board for Margie Patrick, who could not attend the meeting.  They were hoping a sheriff representative would be available tonight to address.  Mrs. Newman read a letter from Mrs. Patrick concerning the burglary of her home.  A copy of the letter will be sent to Sheriff Brooks. 


Mardy Breaker, 7388 Mechanic St, Waukau stated that on June 21st, Mr Meir, our humane officer,  issued her a citation for barking dogs.  She said that he never introduced himself, his name is not on the citation and they were never warned that their dogs were barking.  She said that she had asked the neighbors if they feel there is a problem with barking dogs and she says that they did not feel there was a problem.  Tom Egan stated that he has received complaints about barking dogs behind the Waukau church.  Mr Meir stated that he did introduce himself and told them who he was.  He explained to her that he has been called several times with complaints on barking dogs.  He has sat at the neighbor’s house and heard them bark and had tried contacting them 3-4 times, but no one was at home.  On the day the citation was written, he was called by a neighbor who informed Mr Meir that they were home.  He drove over there, heard the dogs barking and issued the citation.  The citation was $50 for 2 dogs and costs of $35.  Kafer inquired if there were any written or verbal warnings given.  Meir said there was not.  Mr Meir also stated that the two dogs were not licensed and should be licensed by this evening.  Breaker stated that she has filled out the cards, talked to Kathryn Lewis and the dogs would be licensed tonight. 


Clerks Report & Minutes:    Motion by Kafer, 2nd by Schoonover to approve the minutes as presented for the June 2, 2010 town board meeting.  Motion carried.  Hendricks reported on a Clerks meeting which was held on July 24 concerning switching from ES&S to Dominion for our voting equipment and software.  Hendricks also had a submission of a town logo from Jim Sauer which is now being used on the Towns letterhead. 


Treasurers Report was given by Kathryn Lewis.  The balance in the general account is $135,079.02.  There is $70,524.34 in 3 separate Fire Truck CD’s and $2,964.58 in the Now account.  Motion by Schoonover, 2nd by Kafer to accept the treasurer’s report.  Motion carried.  There is a CD coming due on July 8th for $26,109.90.  Motion by Kafer, 2nd by Schoonover to keep the CD with First National for 7 months.


Payment of invoices –Peggy Hendricks read off the invoices which she approved and submitted to the board for approval of payment for an amount of $36,276.54.  Motion by Kafer, 2nd by Schoonover to pay July’s bills that were submitted.  Motion carried.


Correspondence & Communications:   Hendricks read an email received from Igloo Insulation which requested that we send our building permits that are issued each month to them.  The board recommended that if he called and asked each month, then we can give him the information.  She also read an email from the Community Director of Omro inviting us to a dinner and presentation from the City. 


Egan asked if anyone heard anything from Tim Zilges concerning Bell School Road.  Kafer had talked to him, but Zilges does not have the numbers yet. 


New Business:   Motion by Kafer, 2nd by Schoonover to appoint Tom Jackson and Larry Hildebrand to the zoning committee for a two year term.  Motion carried.


Motion by Kafer to raise the security deposit for the Town Hall Rental to $100.  No 2nd

Motion by Schoonover to raise the security deposit for the Town Hall Rental to $150.  No 2nd

Motion by Egan, 2nd by Kafer to raise the security deposit to $100, refundable after inspection and to change the wording of the contract to include “the hall and property should be left in the same condition as when they arrived.”  Motion carried with 2 ayes and 1 nay.  It was also discussed to take pictures of any damages. 


Discussion of Town Hall maintenance/needs:   Egan inquired about the projector that was voted to purchase.  Hendricks will contact Larry Hildebrand.  It was also asked when the touch up painting of the town hall will be done.  Hendricks stated that she will do it when she is on vacation from work.  Egan stated that whoever does this, should be compensated.  Kafer said that something should be done about the waxing of the floor in the hall.  Tom Jackson will be contacted for information.


Upcoming meetings and workshops : 


·         The monthly meeting of August will be held on the 11th, instead of the 4th because of the fair.


Reports on attended meetings:    


Egan reported on the meeting of the board on June 28th concerning the roads.  The roads that will be worked on this year is:


·         Senn Road – Paver Patch new edge rutting, clean ditches in areas of rutting, chip seal, pulverize the sharp curve, replace box culvert south of Waukau Creek and repair box culvert north of Waukau Creek - $42,280.  $10,000 will be paid with County Culvert Aid.

·         Paver Patch 2nd St - $5,000

·         Replace 2 culverts on Bell School Road and chip seal.  A meeting was set up with Tim Zilges to see how much he will be paying for repair on Bell School Road.  The culvert cost will be $5000

·         Replace culvert on Stone School Road - $2550

·         Mill and patch with 2” of asphalt on Liberty School Road - $1000

·         Paver patch oily and alligatored areas on Eureka Road - $20,000

·         Clean ditch and cross culvert, excavate sinkhole on curve and patch or replace pipe on Ferry Ln - $2500

·         Polyfex and chipseal Rushford Ave (21-Liberty School) - $17850

·         Replace culverts and polyflex prep for 2011 chipseal on O’Reilly Rd - $1500

·         Replace culvert on River Road - $1500

·         Replace culvert on Mechanic Street - $2500


Egan also had the Highway department come out to check on Lost Lane, for they have problems of the road washing out.  Other road concerns:


·          The brushing being done by the inmates will be done in September and October instead of August.

·         Jim Moore inquired about Archery and Fox, for there is a lot of standing water by the culvert.  It should be filled in.  Kafer offered black dirt for fill. 

·         Patsy Pomplun stated that the County mower dug up the ditches and left them quite a mess.


Prior to the board meeting, the Board of Review met and set dates for Open Book and the Board of Review.  Open Book will be held on July 29th from 2-5 and 6-8 pm.  The Board of Review will be On August 27th from 6-8 pm.


County Zoning Committee Report:  Kasten reported that there was not a meeting for the county or the town in the past month. 


Hendricks contacted the City of Omro to see what their junk ordinance was.  She also received other townships ordinances.  These will be turned over to the zoning committee, for as of this time, the Town of Rushford only has a junk ordinance for R-1 districts, not for the entire township.


Ellen Newman suggested that the zoning committee should clarify the town’s dog ordinance.  Perhaps adding that written complaints should be received and a written warning should be given before a citation is given.  


Kafer mentioned that in the incident discussed earlier with the dog citation, a written warning should have been given.  The owners stated that the dogs are coon dogs.  They have bark collars on during the day and the kennels are tarped to discourage barking. 


Kafer stated that he did not feel that our junk ordinance would have to be amended, but it could go to the zoning committee for review. 


Kasten said if you look at Section 1.46, it states that someone (the Board) makes rules for the administrator.  He did not feel that the animal ordinance had to be changed. 


Kafer recommended that the junk ordinance be sent to the zoning committee for discussion and to also revisit the animal ordinance.  How to implement citations should be written out.


Motion by Kafer, 2nd by Schoonover to consider the dog citation as a warning at this point as of July 7th.  Motion carried.  Kafer did state that the owners know there is a problem and it should be rectified.  He also stated that he hopes that Mr Meir will not be offended by reversing the citation, for his job is a thankless job and we are very thankful to have Mr Meir. 


Egan stated that there are a lot of vehicles behind Waukau Church.  It was stated that the person details cars for a car dealership.  Egan suggested that the zoning administrator look into this. 




Building report:   Egan reported that three building permits were issued during the month of June.


Discussion on Town Maintenance:  Kafer and Schoonover called different gas companies to get cost of LP.  Badger offered us a contract of $1.579.  Badger offered to match any quote we received.  The contracted prices varied from $1.17-$1.95.  Motion by Kafer, 2nd by Schoonover to table the discussion on LP until next month.  Motion carried.  Kafer will call Badger to see what the price of the LP tank would be for purchase.  It was thought it might be wise to purchase our own tank.


Motion by Kafer, 2nd by Schoonover to accept the quit claim deed from Wayne & Carlene Resop.  Motion carried.

Motion by Schoonover, 2nd by Kafer to accept the quit claim deed from Tom & Paula Tritt.  Motion carried.


Motion by Kafer, 2nd by Schoonover to send a letter to 2597 State Hwy 116 informing them that they have 10 days to mow the lawn and weeds, per the weed commissioner.


Letters have been sent to the following, but follow up letters will be sent requesting a progress report on:


·         The Spencer property to take care of the weeds in the area behind the home and the garbage in the front. 


·         Schimke to remove the car in their yard.


Kasten recommended when the letters are sent out, a copy of the ordinance they are in violation of should be included. 


Kasten also stated for the record that the people who were here contesting the dog citation are in violation of our ordinance for R-1 district if the dogs are housed outside, for only household pets are allowed in R-1.  A person would need a Conditional use permit for a kennel. 


Patsy Pomplun inquired what was going to be done with the trailer down on Wayside.  Kafer stated that he talked to him and they use the trailer for camping and hunting.  He has been cleaning the brush and will mow when it dries out.  Pomplun stated that our ordinance states that it should be moved every 30 days.  Kafer stated that because county water ways, we might not have any jurisdiction.  He also observed the property and feels it is harmless and not an eyesore in his opinion.  Pomplun feels Craig Bartelts’ hunting trailer should not allowed.  She feels that things are looking worse every day, that people do not respect their property.  She feels the town is not enforcing the ordinances for everyone.


Kafer stated that when issues are bought to the board, they are looked into.  He does not like sending out letters for cleanup to residents, for he feels that as long as there is not a safety concern, it is the person’s right to live the way they choose. 


Kasten stated if you wanted to go directly by the ordinances, all deer stands and recreational type facilities would have to be moved every 30 days.  We would be writing many letters and everyone would have to apply for a Conditional Use permit for their recreational type facilities.  If this is what the town wants to do, the cost of an administrator will go up immensely, for it would be a full time job.  If you really want to look, probley most of the township is in violation of one ordinance or another.


Pomplun asked how big culverts have to be.  Egan stated that a minimum of 15” is in the books.  Kafer said that sometimes because of the slope of the land, smaller culverts are allowed at a supervisor’s discretion. 


Motion by Kafer, 2nd by Schoonover to adjourn the meeting at 9:00.  Motion carried. 

Respectfully submitted by Peggy Hendricks, Clerk