Rushford
Town Board Minutes
Wednesday,
August 1, 2012
The
Town of Rushford August Board meeting was called to order at 7:00 pm by Chairman
Thomas 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: 10
additional persons per attendance record on file, although several others were
present, but did not sign in.
Statement of Public Notice: Notice of this meeting
and the zoning-planning committee meeting was posted at the Town Hall, the town
web page, the Waukau post office and the corner of K&E
in Eureka. In addition, the public hearings
were published in the Oshkosh Northwestern.
Notices were mailed to Town Board members and the Zoning Administrator.
Sheriff’s Department
representative: No one was present.
Clerks
Report & Minutes: Motion
by Schoonover, 2nd by Kafer to approve the minutes as presented for
the July 11th Town board meeting. Motion
carried.
Treasurers Report was given by Kathryn
Lewis. The balance at the end of July in
the general account is $300,852.89. Motion by Schoonover, 2nd by Kafer to accept the treasurer’s
report.
Motion carried.
Payment of invoices: Peggy Hendricks approved and submitted to the
board the bills for August in the amount of $14,564.79 for approval of payment. Motion by Kafer, 2nd by Schoonover
to pay August bills as submitted.
Motion carried.
Public Input: Patsy Pomplun, 7505 County Rd E, Omro, stated
that they paid $350 for a zoning hearing and received a bill for the
publication and the certified letters.
Two years ago, the Town charged $300 to cover the entire zoning
hearing. They realized they were not
covering all the costs, so Ms Pomplun made a motion at the Annual meeting to
raise the fee to $350. It was never discussed to charge for postage and publication. Mrs Pomplun was
told by Kathryn Lewis that the charge was not to be included. Mrs. Pomplun would like to see in the minutes
when she made the motion. She also
stated the zoning application comes from the Town Association. Because the wording, she feels that is why
Mrs. Hendricks charges for the publication and postage. She feels that if $350 does not cover the
expenses, then the resident should be charged the excess amount, or if the town
is going to charge for both, the fee should be $300.
Tom
Egan stated this will be on the agenda for September.
Communications &
Correspondence:
·
Hendricks
read an email from Danielle Zarling regarding her
neighbor’s fence. Ms Zarling
feels since the property has been sold, the fence should be moved before the
sale is final. Mr. Egan stated this has
been talked about several times. It was
to stay as is. This is because our
ordinance reads a fence can be put on the line and in another place, it states
it should be 2’ off. This is why the
Town is going through a rewrite to correct contradictions such as this. Motion by Kafer, 2nd by
Schoonover to send Ms. Zarling a letter stating the
Town Boards position is remaining as is.
The fence will stay as it is until the owner decides he would like to
change. Motion carried.
·
Hendricks
read an email from Winnebago County Highway Commission stating a night arrow
was down on Liberty School Road near 37th Ave. This will be repaired when they are in the
area.
Discussion of Hall maintenance:
·
Hendricks
stated the toilet was not working correctly in the men’s bathroom. A replacement part has been purchased and she
will have it repaired.
Pat Kafer stated that next time DKAL is doing repair at the hall, we should check into
having a motion switch in the bathrooms.
Discussion of Town maintenance:
Roads
& Brushing:
·
Mr
Egan asked if anyone has received word from Ripon Truck on a quote for grinding
stumps. The brush should also be cut
back on Quarry Drive and Eureka Road.
Hendricks will call Ripon Truck.
New Business:
·
A
survey was taken on the Clerks List for the wages of Poll Workers. Hendricks stated we are below the average and
would like to see the wage raised. Motion
by Kafer, 2nd by Schoonover to raise the poll workers wage from
$7.50/ hour to $8.00. Motion
carried.
Town Zoning Committee
Report – Dan Stokes:
Mr
Stokes reported that they met on July 25th.
There were several public
hearings on the agenda. The first was a
Conditional Use permit for Peter Steger to operate a vehicle repair/fabrication
business on his parcel #022 0704 located at 2871 County Hwy E, Berlin WI.
Motion by Schoonover, 2nd by Egan to issue Peter Steger, 2871
County Road E, Berlin WI, a Conditional Use permit for parcel #022 0704 to
allow him to operate a repair/fabrication business with the understanding that
no junk will be around and vehicles and farm machinery be stored in the back or
in the shop. He cannot sell vehicles
from the premise unless he rezones to Commercial.
DISCUSSION: Kafer asked if this building was built to
Commercial specs when it was built. Egan
pointed out the land is not zoned commercial.
Kafer stated he realizes this, but if a business is going to be run out
of the shop, it should be to Commercial specs.
Steger stated it was built by a builder, but it was not a “Commercial”
building.
Motion carried.
A zoning change for Parcel
#022 0516, Eldon & Patsy Pomplun for 1.389 acres out of 34.2A to be zoned
A-3 from A-2.
Motion by Kafer, 2nd by Schoonover to approve the
zoning change and CSM for Eldon & Patsy Pomplun,
7505 County Road E, Omro for parcel #022 0516 for 1.389A of the 34.2A to be re-zoned
A-3, Rural Residential from A-2, agricultural,
as shown on the presented CSM. Motion carried.
Tim
Zillges, agent for Jim & Jan Clausen requested a Conditional use permit for
parcel #022 0787 on Morrow Road. This is
an operating pit and the Conditional use permit asks to change the Operator
from Jim Clausen to Tim Zillges.
Everything else would stay the same, such as hours of operation,
etc. Mr Stokes stated that Ray Ellis, a
property owner was present at the meeting, for he had water drainage
concerns. Mr Zillges stated the water
was rerouted and the operation is approved by the County. The zoning committee approved the Conditional
Use permit to Tim Zillges, under the name Eureka Pines, to operate the Pit
under current conditions with an Operational Plan to be submitted and Town
Board approved within 90 days.
Tom Egan stated this
permit is only for change in the operator of the pit. Everything would be run just as it is
now. Pat Kafer expressed concerns about
the road. Tom Egan said a plan should be
submitted, but Mr. Zillges would like to start operation as soon as
possible. Conditions should be worked
out within 90 days or sooner if possible.
Tom Egan stated the pumping of water will have to be looked at and the
County should come and look at the present condition of the road. Schoonover stated that the neighbors are
concerned about the speed limit on the road.
Pat Kafer would like to schedule a meeting after the fair to discuss the
operation and conditions. He feels the
pit would be operated at a higher degree then what it is at this time and that causes concern.
Mr Zillges stated that the
reclamation plan will stay the same and much of the operation plan is in the
reclamation plan. He would like to know
what else he would need.
Motion by
Kafer, 2nd by Schoonover to grant a temporary 90 day Conditional Use
to Tim Zillges – Eureka Pines, to operate the Clausen pit on Morrow Road,
parcel # 022 0787, as is. An operation plan which includes conditions
has to be submitted in 90 days and approved by the board. The permit would be permanent at that
time.
DISCUSSION:
Fred Kasten stated the road condition should be documented by the County
or Town and should be videotaped. This
is a separate issue and should be addressed in the conditions. The operation plan includes hours and days of
operation, owner and operator, etc
Pat Kafer stated he has concerns that with other pits,
it took months to approve and this one came though effortlessly, which is fine,
but the other pits had to have the conditions all worked out with the board
before approval. Ellen Newman stated the
Conditional use permit only asks for change in operator.
Motion
carried.
Dan Stokes stated the
Jesse Domke had a CSM
approved at the last board meeting, but the county would not sign it, for the lot lines had to be changed because of the boundary lines
of the school districts. He presented a
new CSM to the Town Board.
Motion by
Kafer, 2nd by Schoonover to approve the CSM
for Jesse Domke, parcels #022 1553, 022 1554, 022
062101 and 022 0621. Motion carried.
Mr Stokes reported that
there was discussion on the new ordinance rewrite.
Wendy Laverenz,
3094 Quarry Drive Omro, presented the board with a CSM
for approval. A CSM
was drawn up to clarify the property boundaries since Division Street was
vacated. Pat Kafer is concerned that a
garage and LP tank now sits on the property of Lavernz’s
since the drawing of lot lines from the vacated
street. Kafer stated if it was a house, a person cannot just take ownership of
a home because lot lines were redrawn.
Ms Laverenz stated the garage needs to come
down, for it is in very bad shape and the LP tank should be removed. Mr Kasten stated that she should get
something in writing from the other property owner to vacate the garage, sign
off on the existing building or some kind of an agreement. This home is in foreclosure and Ms. Laverenz thought there was a potential buyer. Tom Egan asked Ms. Laverenz
if she felt she owned 3/4 of the garage.
She stated she felt she did.
Mr Kasten said that the
road is 66’. The CSM
puts 33’ on Laverenz’s property, but the other 33’ is
sitting in limbo and no taxes are being paid on it. He feels the property owner will have to
release the building. Mr Kasten said
that it should be discussed in our towns’ ordinance that when a purchase is
made in the village, a survey is required.
Motion by
Kafer, 2nd by Schoonover to table this until September and have the
Town attorney look at this.
DISCUSSION: Pat
Kafer stated if something came back before next month, it should be forwarded
to Ms. Lavernz.
Motion carried.
County Zoning Report –
Fred Kasten: Mr Kasten attended the Plan Commission network
meeting at the Coughlin center on July 24th. This meeting was for Towns who were deciding
to either opt in to County Zoning or to have their own zoning code. He made a presentation to the Town of
Winchester, who is considering going to Town zoning instead of County
Zoning.
Building Permit Report –
Tom Egan:
Michael Miller, 8809 Ann
St, Omro, WI
28’x36’ wood garage built
by Jacob Mast for $12,000
Mr Egan had concerns about
the driveway and if it would need a culvert.
The neighbor is concerned that water might come over the road. Mr Egan had told Mr Miller to contact the
County and it was stated on the building permit.
County Update by Chairman Egan: Tom
Egan had contacted the County on the request from last meeting about the
possibility of replacing the footbridge in Waukau. They replied that it is possible the DOT might let them build a replacement if it didn’t have
any impact in the right of way. It
wouldn’t be allowed in the same location since that was partially in the right
away, but the DOT would need more information. They sent a contact number for someone who is
involved in the planning to contact.
An informational meeting
will be held next week on the possibility of the County purchasing the Tri
County Ice Arena.
The Secretary of
Agriculture is going to go ahead with the Farmland Preservation.
Reports of Attended Meetings: Hendricks reported she attended the County Unit
meeting at Omro Town hall on July 12th.
Upcoming Workshops &
Meetings:
Motion by Kafer, 2nd by Schoonover to adjourn at 8:15. Motion carried.
Respectfully
submitted by Peggy Hendricks, Clerk