Rushford Town Board Minutes

Wednesday November 3, 2010


The Town of Rushford Board meeting was called to order at 7:00 pm on November 3 by Chairman Tom Egan followed by the Pledge of Allegiance.  Roll call was taken with Tom Egan, Jerry Schoonover, Patrick Kafer, Kathryn Lewis and Peggy Hendricks present.  Also present for all or part of the meeting:  12 additional persons per attendance record on file.  Tom Egan extended condolences to the Kafer family on behalf of the town board on the passing of Pat & Peggy’s nephew.  


Statement of Public Notice   The Board Meeting, the October Zoning Committee meeting, Board of Appeals Meeting, Public hearings for Kasuboski, Gehrke & Freeman, and election equipment testing was posted on the front door of the town hall, Eureka & Waukau Post office.  The Public hearings and the election equipment testing also posted in the Oshkosh Northwestern.  Notices were mailed to Town Board members and the Zoning Administrators.   


Discussion with Sherriff’s Department   A representative from the sheriff’s department was present to answer any questions from residents present.  No one had any questions.


Public Input:  Ellen Newman had concerns with Arlo Pit.  She read from the Conditional use permit and the reclaimation plan.  She asked if any of the reclaimation been done.  She has concerns about the wells in the area and feels they should be tested.  Mr Egan explained that the town has nothing to do with the reclaimation.  That is taken care and checked by North East – Scott Konkle.   Ellen wonders who enforces the Conditional use permit.  Tom stated that Mr Konkle has been out to Arlo pit in the past month and he is satisfied with the reclaimation at this point.  The reclaimation is not yet done completely.  Ellen feels that the reclaimation is spelled out in the CUP and has questions on who enforces this.  She stated before an area could be mined, the area that was, had to be reclaimed and it is stated that he has 3 years. 


Tom Jackson stated that there was discussion with Mr. Wilke at the last zoning meeting.  He will be applying for another Conditional use permit, but the application has not been received as yet.  He affirmed what Tom Egan said about Scott Konkle from Northeast overseeing the reclaimation.  Mrs. Newman was concerned about the area going back for wildlife as the reclaimation states, but Mr Wilke had stated at the zoning committee meeting that it will be going back as farm land, which also meets the reclaimation plan.  Ellen inquired about the ponds and Mr Jackson stated that the pond is not there, for that was used for washing sand and he does not do that anymore.  She also asked if the town charged a tipping fee.  There is nothing going out of there now, for he cannot operate.  Pat Kafer stated that Mr Wilke did lax on getting copies of the insurance forms, but all insurance forms are up to date.   Mrs. Newman asked if we had the bonding form.  Pat Kafer stated he thought at the time we were shown proof of the bonding and insurance.  She had asked if the bonding amount was enough to cover it and Mr Egan stated that he did not believe so. 


James Erdmann, 8858 Edgewater Ridge had a question about a letter sent from the town about a Conditional use permit.  He did not know exactly what it was about.  He thought the CUP was all over once he removed the trailer house from the property.  Tom Egan said that he had put in a basement off the trailer.  Mr Erdmann stated this is a finished basement with bedrooms, living room, etc and has been there for about 7 years.  Tom asked who had inspected it and Mr Erdmann does not remember, for it has been awhile.  He also stated he has not changed his residency and is living in the basement.  Tom asked if anyone else had moved in there and Mr Erdmann stated it was just him.  Tom stated this is where the problem comes in, whether it is above or underground.  You get a building permit and then it has to be state inspected.  Mr Erdmann stated at the time he knew he had met all the codes, etc.  He just wants to know what it is he has to do.  Mr Egan said we would have to contact the assessor to see if it is being taxed as an underground house or a basement.  Mr Erdmann thought at the time the tax assessor said it would be taxed as an earth home.  Pat Kafer asked if it was ever planned to put a house on top of the basement and Mr. Erdmann said at the time it was, but because of events in his life, the house was not built.  Fred Kasten said that if it is called a basement from the assessor, he will need a Conditional use permit to live in a basement.  That will spell out how long of a time he can live there and a time line on when the house should be up.  Pat Kafer said if it passed all inspections, it might pass as an earth home and then he would not need a CUP.  The assessor will have to determine what it is.  Peggy Hendricks will contact the town assessor and ask him how this has been taxed. 


Clerks Report & Minutes:    Hendricks reported on the WMCA district meeting which was held on October 22 in Winneconne and on the election held November 2.  Motion by Kafer, 2nd by Schoonover to approve the minutes as presented for the October 6, 2010 town board meeting.  Motion carried. 


Treasurers Report was given by Kathryn Lewis.  The balance in the general account is $73,806.31 There is $70,787.96 in 3 separate Fire Truck CD’s and $2,965.09 in the Now account.  Motion by Kafer, 2nd by Schoonover to accept the treasurer’s report.  Motion carried. 


Kathryn Lewis asked the board if we could close out the NOW account and open a Township account that would be used strictly for tax monies going in and out.  The money that is in the NOW account would go into the general account to reimburse for the playground project and the projector.  The bank agreed to waive any fees on this account and we would need $100 in the account at all times.  Motion by Schoonover, 2nd by Kafer to close the NOW account and open a township account for tax monies.  Mr Egan was wondering if we got extra funds, how it would be kept track of.  He would like whatever is easier for the girls.  Hendricks stated that the general account is kept in categories and it is easy to see from the budget what is available to certain projects.  Opening more accounts would be more confusing if anything else.  Motion carried unanimously. 


It was also asked if she could try EZDeposit, which would scan checks and electronically deposit the checks into our account immediately.  This is a service from First National Bank.  Hendricks reported that it cost $25/mo and that includes the check scanner rental.  There is a 3 month free trial which Kathryn and Peggy would like to try.  Pat Kafer thought maybe the cost would be offset from the mileage to and from the bank.  Kafer said he has concerns with sending checks for deposit electronically.  Motion by Schoonover, 2nd by Kafer to try EZDeposit for 3 months and then come back to the board for approval/disapproval.  Motion carried.


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 $31,000.98.  Motion by Kafer, 2nd by Schoonover to pay November’s bills that were submitted.  Motion carried.


Town Zoning Committee Report:  Pat Kafer asked Mr. Jackson if there was any site plan submitted for the Gehrke application.  Tom Jackson replied that the sketch they received was it.  Tom Jackson explained that on October 27th, the zoning committee had a zoning hearing for the rezoning of Parcel # 022 064101 located on 3413 N Cty Road K, where they would like to take 2 A out of 5 A and rezone it from A-1 to A-3.  The zoning committee had concerns about the driveway and the 3A left in A-1.  The land is in our encouragement zone.  A motion was made to approve the application with the contingent that the driveway is approved by the County and the CSM is done.  The vote was 3-1.  Mr Rick Gehrke stated that he did meet with the County on the driveway and they OKed it verbally and they are just waiting for the paperwork.  There are 2 right-aways there and he would take one out and move it further down the hill to have a shared driveway.  There was discussion from the committee to take the 3 A and move it to the existing 40A which is adjoining.  Mr Egan explained that he was against it for he thought the whole 5 acres should be rezoned.  Kafer agreed with this, for he has his land zoned as this and he still farms the area that is not used for buildings.  He also feels there should be at least a 66’ rightway.  Mr Jackson did mention that there was a neighbor concerned with having a home directly across from them.  It is in the encouragement zone though, so the decision is his.  The house is being built for family, not for resale.  Mr Gehrke said he does not have a problem rezoning the whole 5 A.  Motion by Kafer, 2nd by Schoonover, that the 5 Acre parcel #022 064101 will be zoned to A-3 from A-1.  DISCUSSION:  Mr Egan said he would like to see a site plan on where the driveway will be and where the house will be.  Pat Kafer mentioned that he should not pull the existing driveways out, for it is very hard to get that back on a County Road.  It was also mentioned that he would have to pay a land use penalty of 2 years.  Motion carried unanimously. 


Mr Jackson stated that the zoning committee had a continuous from the September meeting for the Conditional Use permit application by Roger Kasuboski for parcel # 022 052801 and # 022 052102.  It is for a 45’x60’ moveable accessory building in an A-2 district.  There was lots of discussion at the meeting.  Their concerns were why the shed was not put where it will be permanently, the shed is on a different parcel of property then what the house is on, what the use will be, the neighbors on both sides had concerns about the building itself and the construction equipment that is there, the future and why there was not a permit before construction started.  A motion from the zoning committee was made to deny the request and to take down the building that was started within 30 days of this board meeting.  The vote was 3 ayes and 2 abstained.  The request was denied as applied for. 


Mr Kasuboski passed out a new drawing of the site plan.  It moved the accessory structure in front of the house which would put both structures on the same parcel of land.  He would take the building down and place it where it will be temporary, which is 85’ from the road, in front of where the house will be built.  He did not know  a building permit was needed for a moveable shed, but he did find it in our ordinance in section 2.7 where a permit would be needed for anything over $1000.  The house will go up in 2-3 years.  He was told not to worry about the expiration on the septic, that the permit will be taken care of.  He plans on building the permanent building over the top of the temporary structure and then take down that structure from the inside.  He was told when he purchased this building from a farm show, that this kind of building was used to move around out west for hay storage.  It is on skids.  Mr Egan asked how he plans on moving his shed now.  Roger stated that all he would need is two forklifts to pick it up and move it over.  Mr Egan would like to see it behind the house, but Roger would like the area behind his house for his kids and a yard.  It will be pasture in front and on the sides of the home.  There is 206’ from the accessory structure to the house.  Mr Schoonover asked if any animals would be between the house and the shed, and Roger stated no.  Mr Jackson’s concern was the town had discouraged buildings from being built in front of a home.  Mr Kasuboski does not want his house close to the road.  Mr Kasten said looking at the site plan, he does not have a problem with it, but he thinks it should be set back more than 85’ because it is on a state Highway.  It should be at least 125’.  85’ is in compliance, but it is still pretty close to a state highway.  There is a chance of vandalism and it should have a fence around it.  Tom Jackson asked if the board would consider giving a Conditional use on just one parcel instead of both.  Parcel #022 052801 is where the house will be built on.  Mr Egan asked if he would consider moving his house up and putting the shed up behind the house.  Mr Kasuboski said no.  Patsy Pomplun asked if the lots could be spilt and it cannot be spilt anymore.  She also inquired about the mound system, being on such a low spot.  Roger said the land was perked the land and they decided the mound would go in that area.  Mr Egan asked what would happen if the house was not built in 2-3 years.  Mr Kasuboski stated that he cannot predict the future, but it is his plans to have the home built in that time.  Mr Egan also asked about his construction equipment.  Mr Kasuboski stated that he has tools in one trailer, welding equipment in another, etc for he does not have a shed and he uses all this for farming.  His dump truck is his work vehicle.  The other one will be repaired, for he had an accident with it.   Pat Kafer thought he should go back 125’ and build on that parcel and the CUP would be just for that parcel.  The only stipulation would be that all equipment would be parked to the west of the shed.  Not in front or in back, but to the west of the shed. 


The new building would be in the same footprint as the temporary shed, just going over the top of it.  He wants to allow himself 10 feet for footing walls.  Mr Egan feels he should be able to move the house and put the shed behind.   Mr Kafer stated he can understand his concern with a house to close to a state highway.  He also feels it is his land, and as long as he is in compliance, he should have what he wants.  Mr DeNoble asked  why isn’t the house going up before the shed if that is what is stated in our zoning ordinance.   Mr Kafer stated that is why he is asking for a conditional use permit. 


 Motion by Pat Kafer to approve the conditional use permit application for parcel #022 052801 with a setback of 125’, 60’ and 85’ from the side as indicated and all trucks and trailers to be parked directly west of the assessory building.  Schoonover 2nd the motion.  DISCUSSION:  Tom Egan asked if the building is to be considered temporary.  Pat Kafer said it will not be considered temporary.  Roger said it will be temporary until he builds over the top of it.  The one he has now will be moved to the permanent setting.  Mr Egan asked if we are giving him the right to build the new building before the house.  Pat Kafer said no.  He will have to come in and get another building permit for the new shed.  If the house is not built, he will have to come in to renew the CUP.  The permit will be for 3 years.  Mr Egan asked if any more can be added on to this building and Mr Kafer said no.  The footprint of the building is not to be changed.  Mr Schoonover asked if the building that is up now will be enlarged at all.  He said it will be 45x60.  Right now it is about ¾ of that.  It will be moved to the site and the rest would be added on.  It will be done as soon as possible, hopefully before the snow comes.  Motion carried with 2 ayes and 1 nay.  He will have to get a building permit.


Tom Jackson continued with the Town Zoning report.  There was discussion on placement of a fence in Eureka.  We have 2 different ordinances on file, so he asked which one we should enforce.  One is for 2’ set back off property lines, which was the boards original intent and the other says on the lot line.  Mr Kafer said the ordinances were gone over and it must have been missed.  It was felt he should have talked to a board member before the fence went up.  It is a cyclone fence.  The fence was there and moved after the new survey for the Eureka assessors’ plat.  There was also discussion on the Arlo pit.  Mr Wilke was in attendance and wanted to know what needed to be done for another Conditional use permit.  It was discussed for zoning committee members to look at site plans on their own time, for it gets dark early now.  The next meeting will be one week earlier in November because of Thanksgiving. 


Pat Kafer asked what we should do about the fence in Eureka.  Fred Kasten said the ordinance should be amended.  Pat Kafer said if the resident read the ordinance, it says in one place it can be on the line and in another place it should be 2’ back.  Fred Kasten wanted to know where it was prior to the assessors plat.  No one knew for sure.  Pat Kafer asked if it says anything about the fence being maintained.  Hendricks stated that those are the only 2 places in our ordinance that mentions fencing.  Kafer asked about fences he has seen in Omro which are right on the line.  Jackson stated that the town of Omro has that option.  Kafer stated that the fence was able to be put up and maintained.  Since it is a cyclone fence, and if it can be maintained, you would think it could be on the property line.  The board wanted to know which one they are going to enforce in this particular case.  One is under use regulations.  The other one is under area requirement regulations.  Fred Kasten thinks the one under area requirements is the one that should be enforced.  Mr Egan asked what we would have to do to clarify that in the book.  Mr Kasten said that is why we hire a town lawyer.  Mr Kafer thought there was a procedure to make changes, but Mr Kasten bought up that it is very expensive.  Usually a town or county will wait till they have a few to amend or delete and then have your public hearings and go though the adoption procedures.   Kasten thought we should talk to the town attorney to see how we should interrupt it.  Hendricks will contact the town attorney for direction. 


Correspondence & Communications:   Hendricks stated that she received a brochure on Wislines teleconference series on planning and zoning regulations.  Kathryn Lewis stated that she received a letter on bonding of treasurers.  The County treasure already has a statement that the municipality accepts all responsibility by ordinance.   She did not know if this is something that has to be done every year.  It is on file down at the county and it is up to the town board.  Motion by Kafer not to bond taxes.  2nd by Schoonover.  Motion carried. 


Old Business:  Tom Egan stated that the inmates are starting to cut the trees and brush along side of the roads.  He feels they are doing a good job.  They are not chipping yet, but they will be, for we got a chipper from the county.  We need something to blow the chips into.  They are looking for a special piece of equipment where they could brush much faster, but the captain will not buy one until the next budget comes out.  Pat Kafer asked how much it was.  Tom thought it was under $100.  It is like a deluxe weed whacker.  Pat thought if it was not very expensive, we should purchase it for them, for we could use it.  Patsy wanted to know who to call if she wanted chips.  Tom Egan should be called. 


New Business:   Kathryn Lewis bought up that we were trying to figure out how many stamps would be needed for tax time.  A lot of the townships do not send back receipts automatically.  Even the county states if you want a receipt, you should send a SASE.  Hendricks did a survey on the clerks list last year and over 90% of the towns who answered do not send receipts because of cost.  Kathryn will call the county to see what the number is for Winnebago Co.  Motion by Kafer, 2nd by Schoonover to mail back the receipts.  Motion carried.  


Discussion of Town Hall maintenance/needs:   The playground project is done.  We had Marv, Clarence and Kevin Litton, Jim Wesner, Larry McDermmit, Chuck and Tom Tanner, Tom Egan & Peggy Hendricks who made meals.  Tom Tanner did the concrete, Bohn Trucking, who donated their time and truck, delivered 3 loads of the pea gravel, and Freund Trucking donated digging and their time.  There is one 6x6 to be returned to Omro Lumber.  Hendricks will call for pickup.  Thank you notes will be sent out and a plaque will be made to recognize the volunteers.  There will be $2000 from the Rew/Ross foundation and $500 from the Alliant grant to help pay for this.


The rain garden is done up on top.  The mats are laid out.  It took so long this year because of the rain.  They have sprayed 3 times and down below is not seeded yet.  Tom had Rocco Lewis plow behind and he said if we wanted to put grass back in there, it would cost about $600-$1000 to go all the way back to our line.  Pat Kafer said he would say just to make sure the T-posts are up and let him farm up to that point.  The Master Gardeners did want to put some trees in there.  We will have to talk to them for next year’s project.  There will be a plaque to acknowledge the work the Master Gardeners and Traxlers have done.


Hendricks mentioned that if anybody wanted to do any Christmas decorating at the hall and on the grounds, they should contact Peggy.  Anyone is welcomed!  The 4-H club puts decorations on the trees and Patsy Pomplun puts decorations in front of the hall. 


Larry Hildebrand has the projector up and has the antenna for TV up outside. 


Upcoming meetings and workshops : 


·         County Zoning meeting at Rushford Town Hall 11/10/2010

·         Budget Hearing and Special Town meeting of Electors Dec 1st at 6:00


Hendricks stated that the board had to meet soon for a Budget work session and to go over the Road survey.


Reports on Meetings that have been attended: 

·         Appeals Board hearing for Robert Freeman, Oct 13 at the hall @ 6:00 pm  The appeals board granted the variance for Robert Freeman


Town Zoning Committee Report:  There has not been a county meeting scheduled.  There will be one the 1st part of December.


Building permit Report:   Tom reported there were 7 building permits issued this past month.


Discussion on Town Maintenance:  Tom reported that something needs to be done on Lost Lane.  A resident also said that on 37th, there are some pot holes to fill in. 


Motion by Schoonover, 2nd by Kafer to adjourn the meeting at 9:10.  Motion carried. 

Respectfully submitted by Peggy Hendricks, Clerk