Rushford Town Board Minutes

Wednesday, October 5, 2011


The Town of Rushford Board meeting was called to order at 7:00 pm on October 5, 2011 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:  25 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 and guest speaker announcement was posted at the Eureka and Waukau Post office, the town hall door and the town web page.  Notices were mailed to Town Board members and the Zoning Administrator.   Public notice of zoning hearing were posted and additionally published in the Oshkosh Northwestern. 


Guest Speaker – Paul Reinhard from Omro Post Office:  Mr Reinhard explained that the Eureka & Waukau post office will be closing along with about 22,000 others across the US.  It is a cost & time savings measurement.  Eureka lost their lease and it is estimated that Eureka will be closing November 30, 2011.  The addresses will have an Omro zip code.  They have the choice of having Eureka, Waukau or Omro as a city.  Many residents had questions and Mr Reinhard answered them.  A letter will be sent to residents closer to the time of the post office closing.


Tom Egan informed the residents that the bridge in Eureka will be closed the first of June, 2012.


Clerks Report & Minutes:    Motion by Schoonover, 2nd by Kafer to approve the minutes as presented for the September 7, 2011 town board meeting.  Motion carried. 


Treasurers Report was given by Kathryn Lewis.  The balance at the end of September in the general account is $179,575.54. The Town tax account has $105.86.  The final CD was cashed out for $26,427.57 and applied to the town hall loan.  The balance of the hall loan is $42,387.58.  Motion by Kafer, 2nd by Schoonover to accept the treasurer’s report.  Motion carried. 


Tom Egan said that we have rolled over our CD’s and applied them to the town hall loan.  The bank said that we can refinance the loan without any charges or interest rate change for one year.  Motion by Kafer, 2nd by Schoonover to refinance the town hall loan for one year with the intention to pay off with the 2012 budget.  Motion carried. 


Motion by Kafer, 2nd by Schoonover to no longer send tax receipts unless a self addressed, stamped envelope is enclosed with the tax payment.  Motion carried.


Payment of invoices:  Peggy Hendricks approved and submitted to the board the bills for October in the amount of $9,092.52 for approval of payment.  Motion by Kafer, 2nd by Schoonover to pay October’s bills as submitted.  Motion carried. 


Public Input:   Patsy Pomplun spoke about concerns on the renewal of the Conditional use permit for Dennis Wilke.  These concerns can be read on the September Zoning Minutes when concerns were bought up by Ellen Newman.  In addition, she thought on page 2, item 9; some of the wording should be removed, for it causes confusion.   On number 11, she feels the end of the sentence should be struck, for it was repetitive.  Under the town’s ordinance, she had concerns under F-2 and the setbacks. 

Mark Schmeling spoke on concerns with the renewal of the Conditional use permit for Dennis Wilke.  He is concerned about the language in Section 4.  He would like to see the owner/operator pay 100% of water testing requests.


Justin Berens, 3240 Delhi Road, spoke on the CSM he would like to have approved and the zoning changes that will be applied for at the October zoning meeting. 


Leanne Meiner spoke about the town mowing that was done on her property.  She mows up to the road and the Town mowing also mowed her ditches, but left big ruts and would like them to skip her ditch.  Tom explained that they will be doing the fall mowing and will be cutting back to the town right away.


Communications & Correspondence:


·         Tom Egan went over a letter and Certificate of Commendation from Alliance for Regulatory Coordination for the promotion of public safety in the constructed environment.

·         Tom Egan read a letter from the US Census Bureau asking the Town to complete a Government Units Survey when received. 

·         Tom Egan informed the Town that we got a credit from Winnebago Co Highway department for $351.11 for adjusted labor costs because of the Union contract which was settled.

·         Kathryn Lewis received a letter from Hortons offering treasurers bonding.  Motion by Schoonover, 2nd by Kafer to decline treasurers bonding for tax collection.  Motion carried.

·         Kathryn Lewis stated that on October 3rd, we received a deposit of General Transportation Aid for $24,837.71


Discussion of Town Hall maintenance/needs:   Tom Egan thanked Mrs. Patsy Pomplun for the fall decorations in front of the hall and for the mulching done around the building.  Motion by Schoonover, 2nd by Kafer to give Patsy Pomplun permission to transplant flowers from the side of the building to the back of the building.  Motion carried. 


Discussion on Town Maintenance:


Addressing of Eureka:  Tom Egan explained that the residents’ fire number will be their house number and if they have a question on what their address will be, they should contact the County GIS department, for they take care of addressing. 


Speed limits on O’Reilly and Eureka Lock Road:   Concerns have been expressed on the speed of vehicles on O’Reilly road.  Concerns have also been expressed on the curves on Eureka Lock road.

Motion by Kafer, 2nd by Schoonover to change the speed limit from 55 to 45 on O’Reilly Road, and to 25 mph on the curves on Eureka Lock Road. 


Kafer rescinded the motion to change the speed limit from 55 to 45 on O’Reilly Road.  On Eureka Lock Road, the speed limit will be reduced to 45mph, with a speed limit of 25 on the curves.  Schoonover 2nd the motion.  Motion carried. 


911 Emergency System:  Motion by Schoonover, 2nd by Kafer to agree and sign the Joint Powers Agreement with Winnebago County.  Motion carried.


Garbage Pickup:  Hendricks stated she was called by Veolia, for a resident put their garbage out late and wanted Veolia to come back and pick it up.  It was a late put out.  Veolia suggested a letter be sent.  Kafer stated that it is on our calendar and it is also posted in the newsletter, so that should be sufficient. 


Motion by Kafer, 2nd by Schoonover to accept and sign the 2012 Assessor agreement for the compensation of $10,000 plus expenses to Larry Timm.  Motion carried. 


Motion by Kafer, 2nd by Schoonover to take have Dominion perform preventive maintenance check on the TSX voting machine for $150 plus repairs.  Motion carried.


Brushing:  Tom Egan asked if anyone has heard from the Project Crew for brushing, for they were to start in October, but no one has received any communication.  Tom presented a estimate from Ripon Truck for tree & brush trimming along with mowing for $4870.25.  Pat Kafer requested to ask Ripon Truck if they can check to see if they can add Morrow.


Motion by Kafer, 2nd by Schoonover to have Ripon Truck proceed with their boom mower along with the regular mowing.  Motion carried.


If the project crew does come, they can take care of the larger brush on the town roads.   


Roads:  Lost Lane had a big hole repaired and if any other patching has to be done, it will be. 


Town Zoning Report by Tom Jackson:  A zoning meeting was held on September 28.  First on the agenda was a Conditional use permit hearing for Dennis Wilke, Parcek # 022 0021.  Neighbors expressed their concerns on well contamination, water runoff, reclamation of land, etc.  The zoning committee made a motion to recommend approval of the Conditional use permit


Discussion of the Slow-No Wake ordinance and mapping of the bouys finished the town zoning meeting.


CSM for Justin Berens (Freund Surv Trust), Parcel # 022 055901


Justin Berens asked for approval of the CSM and explained zoning changes they will be applying for on the October zoning meeting along with what they plan on doing with the parcel.  Motion by Schoonover, 2nd by Kafer to approve the CSM for Justin Berens, parcel # 022 055901.  Motion carried. 


Tom Egan did question the shed that will be in front of the home when it is moved.  Either a variance will have to be taken out, it might be grandfathered in or it could be listed as an item of approval in the zoning change application. 


Board Action on Conditional Use permit for Dennis Wilke, parcel # 022 0021:

Going though the Conditional use permit with the zoning committee recommendations, the following were added/changed:


Change the and to any in the suggested paragraph to correct language under section 9.




Item 9 – Renewal read:


The Town makes no representations to Owner/Operator regarding the renewal of this permit under the Town's zoning ordinance. All rights available under law or in equity are reserved by the Town in determining whether or not this permit shall be renewed. Notwithstanding anything to the contrary  herein, this permit shall be renewed  provided that Owner/Operator has generally complied  with this permit, and further provided that Owner/Operator satisfactorily remedies  and unanticipated  health, safety or environmental risks or damages caused by its operations in compliance  with this permit.


This will be changed to:


The Town makes no representations to Owner/Operator regarding the renewal. This permit is under the Town's zoning ordinance. All rights available under law or in equity are reserved by the Town in determining whether or not this permit shall be renewed. Notwithstanding anything to the contrary herein, this permit shall be renewed provided that Owner/Operator has generally complied with this permit, and further provided that Owner/Operator satisfactorily remedies any unanticipated health, safety or environmental risks or damages caused by its operations in compliance with this permit.


Under Section 4 in Special Conditions, it will be a ½ mile radius instead of ¼ mile radius, add new home owners & residents who were not in the initial ¼ mile radius– initial water testing will be offered and paid for by the owner/operator.  After initial water testing, additional testing will be paid 50% by owner operator and 50% by resident.


On page 3, item #3 – Concerning stormwater retention ponds/berms.  Strike the following in the original:  except during exceptional precipitation events, when it would be prudent to allow for the release of some quantities of water under controlled conditions in order to preserve the integrity of the structures.  No water will leave the pit.


Under INSURANCE, item C will read:  All ECRPC inspection, reports, yearly reclamation permit & photo, license & permit bonds will be submitted and filed with the Town Clerk by March 15th, along with transfer of real estate ownership.


Page 5, last paragraph from section 8 to read:  Operator will pay Winnebago County to install and maintain flashing signs…………


Tom Egan read an email received on October 5, 2011 from Scott Konkle for East Central Planning stating that Mr Wilke is in compliance with his annual fees and financial assurance.  He stated he does not see any groundwater concerns on this site and Mr. Wilke does have a stormwater permit with WDNR.  He sent along the last aerial view and stated he had reclamed the slope along the right of way in accordance with the Town’s letter sent October 15, 2010. 


Motion by Kafer, 2nd by Schoonover to approve the Conditional use permit for Dennis Wilke for Arlo Pit, parcel # 022 0021 with the understanding of the changes and documentation of ownership/name change.  Motion carried.

County Zoning Report:  Fred Kasten they should be ready for public hearing after the first of the year.  He did state that it was decided that when the County rewrites their Farmland Preservation, the townships will not be able to use that for their town ordinance. 


Constable Report – Peggy Hendricks:  One cat was taken into Traxlers by Mr Mier. 


Reports on Meetings that have been attended:  


·         Peggy Hendricks reported on the Budget meeting she attended on September 14

·         Pat Kafer and Jerry Schoonover reported on the Fire Department meeting they attended on September 14th.

·         Tom Egan reported on the public hearing for Comprehensive Land Use Amendment on September 27th. 


County Report: 

·         Neenah, City of Oshkosh and Winnebago will be all one health department.

·         The County will be paying for all the new radios.

·         The County will start their budget hearing.

·         The bridge will be going out the first part of June.

·         The hole by the bridge in Waukau is fixed.

·         Parkview is sold and being dismantled. 


Upcoming meetings and workshops : 


a.       WTA 64th Annual Convention October 24 in Sierra Hotel/KI Convention Center, Green Bay

b.      Winnebago Towns Association Unit Meeting, October 6, 2011 at Town of Neenah, 6:30

Peggy Hendricks stated that a budget review will be called sometime during the month.  Tom Egan said at that time they could do the road rating.


Building Permit Report:  Tom Egan reported there were 3 building permits for the month of September.


David & Julie Stobbe, 589 SW Crescent, Berlin for construction at 8689 County Rd K, Omro

New Construction of house and 24x36 Pole Building built by Gehrke Construction, 9016 Bell School Road

$265,000                              Parcel # 022 0641-01                                       September 7, 2011         


Jacob Smith, 3829 2nd Street Rd, Omro, 920-419-0394

Remodeling:  Concrete floor in garage, windows, paint barn, remodel inside of house, vinyl siding on house

$25,000                                 Parcel # 022 0244                              September 21, 2011


Clair Retzlaff, 4924 Cty Rd F, Omro, 685-5368

Remodeling:  New basement, add back porch, new windows, doors, drywall, siding, electric, plumbing

Done by Radtke, Don Devoght, Skotzke, Dennis Retzlaff

$50,000                                 parcel # 022 0082                              September 14, 2011


Jerry Schoonover discussed the article which was in the WTA magazines on replacing the signage in the townships.


Motion by Kafer, 2nd by Schoonover to adjourn at 9:40.  Motion carried. 


Respectfully submitted by Peggy Hendricks, Clerk