Town of Middleton
Town Board Meeting Minutes
October 19, 2009
The meeting was called to order at 7:02 P.M. by Chair Milo Breunig. Also present were: Supervisors,
Richard Oberle, Howard Licht, Timothy Roehl, and Bill Kolar as well as David Shaw, Administrator /
Clerk-Treasurer; Patti Keichinger, Deputy Treasurer; Sara Ludtke, Deputy Clerk; Rod Zubella, Vierbicher
& Associates, Inc., Town Engineer; and members of the public.
1. Proof of Posting and Notice.
Shaw stated that the Agenda had been posted at the three official locations, published in the Mid-
dleton Times-Tribune, placed on the Town’s Website, and emailed to the Town’s subscriber list.
2. Public Input.
There was no one wishing to speak.
3. Approval of Minutes from the Meetings of October 5, 2009, October 7, 2009 and October 12,
Licht and Kolar moved to approve Minutes from the Meeting of October 5, 2009. Motion
Licht and Roehl moved to approve Minutes from the Meeting of October 7, 2009. Motion
Kolar and Licht moved to approve Minutes from the Meeting of October 12, 2009. Motion
4. 2008 Audit Report– Johnson Block.
Jan Froelich, CPA with Johnson Block and Company, reviewed the 2008 audit report.
Oberle and Roehl moved to accept the 2008 Audit report as presented. Motion passed.
5. Public Hearing - Meinholz Certified Survey Map – 4772 Capitol View Road.
Vern Acker, Realtor, and John Meinholz, applicant, presented the Certified Survey Map.
Steve Ziegler, 4797 Capitol View Road, spoke in favor of the plan.
There was no one wishing to speak against.
Breunig and Oberle moved to close the Public Hearing, Motion passed at 7:30 P.M.
Kolar asked about the building of the newer home on the farm field. Zubella said that was a legal
Zubella went over the fees involved with the subdivision including Parks, Mini-park and Airport
Road. There is a question if this land, per a previous agreement with the City of Middleton, can be
subdivided again. Because of this, Zubella stated that if there were certainty that no additional di-
visions could be made in the future, that it may make sense not to charge these fees.
There was then discussion if the original farmhouse could be re-incorporated into the farm field,
thus, no new buildable lots would be created and no fees would be applicable.
Breunig and Roehl moved to postpone any action until Meinholz has had an opportunity to
evaluate this new concept. Motion passed.
6. Public Hearing - Wagner Certified Survey Map – Rocky Dell Road.
Mark Wagner, applicant, presented his plan to create a five-acre lot to build a house.
Wayne Rounds spoke in favor.
Baker, Rocky Dell Road spoke in favor.
Oberle and Licht moved to close the public hearing. Motion passed at 7:58 P.M.
There was again discussion regarding Park Fees, if it is applicable in this situation.
Zubella reviewed discussions he and staff have had with Mark and his surveyor and changes
made thus far. He also discussed the stormwater drain-way and a possible easement that would
Roehl and Breunig moved to approve the Certified Survey Map per the conditions in the
Vierbicher Associates, Inc. letter of October 2, 2009, with stormwater easement to be deter-
mined by Town engineer, 15-foot trail easement along the southern border, and mini-park
fees-in-lieu-of to be waived, park fees of $4200 to be charged, trees greater than or equal to
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8 inches in diameter at breast height to be shown on final Certified Survey Map.
Licht questioned the need to show the trees. There was more discussion on trails.
Motion failed, 4-1, Kolar, Oberle, Licht and Breunig dissenting.
Oberle and Kolar moved to postpone until after Parks Commission has reviewed the Mini-
Park fee structure. Motion passed, 4-1, with Roehl dissenting.
7. Request for driveway with two street openings – 3247 Saracen Way.
Adrienne Ehrhardt presented plans for her house and driveway and gave reasons why she wished
her driveway to be semi-circular with two openings to the road. These centered on aesthetics,
safety and utility. There was discussion regarding the language of the ordinance as if it limits the
number of driveways or the access points of a driveway on to the road. She presented material
that she had copied from the internet demonstrating that semi-circular driveways are commonly re-
ferred to as a single driveway but yet have two openings. This, she argued, meant that she was in
Roehl and Breunig moved to deny the request for a driveway with two street openings – 3247
Saracen Way. Motion passed.
8. Engineer’s Report & Action on Recommendations.
a. Agreement with City of Madison – Blackhawk Road Reconstruction Project.
Ludtke presented the bid documents received from the City of Madison after the Bid opening.
The Town has not received a copy of the proposed with corrections to the intergovernmental
agreement per Ludtke’s request. A revised agreement should be ready for the next agenda.
Breunig and Roehl moved to postpone action until new agreement is drawn up which
includes a schedule to have the City reimburse the Town for road improvement costs
for any lands annexed into the City on a lineal foot of road frontage basis with depre-
ciation. Motion passed.
b. Old Sauk Road Reconstruction Planning.
Zubella reviewed widths and grant timings.
9. Park Commission Recommendations:
a. Approval of 2010 Park Development Fund Budget.
There was discussion as to how much money should be spent on parks in any one year.
The Board requested that the Parks Commission re-look at the budget and try to lower ex-
penditures where possible. Kolar asked to have it cut in half and prioritize the list.
10. Discussion regarding 2010-11 Garbage and Recycling Contract.
Shaw stated that Request for Proposals would be sent out in the next week. The Board had some
discussion with Dan Rokicki from Green Valley Disposal on the current contract and how things are
11. Review of Town Cell Phone Plan.
Oberle and Roehl to approve the proposed plan. Motion passed.
12. Attorney’s Report & Action on Recommendations.
Voss was not present to give a report.
13. 2009 Budget Update and Review.
The Board reviewed the Year-to-Date budget vs. Actual.
14. 2010 Budget Update and Review.
The Board made some minor changes to the proposed budget.
15. Liaison to Town Staff and Crew Report.
Licht reported that he had met with all Town staff members that wished to talk to him one-on-one.
He also reported that Ludtke is starting to work on the 2010 elections.
16. Board Member Reports.
Roehl – Will be at a meeting at the Middleton High School concerning Dane County’s shore land
restrictions, as a realtor, not a Board member, on October 20, 2009.
– Attended a Dane County meeting on hydric soil restrictions.
– Attended a Dane County Zoning and Land Regulation Committee meeting regarding the Town’s
– Received calls regarding the Town’s $2,000 deposit for new buildings, held to ensure compli-
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Breunig – Discussed the EMS budget.
17. Discussion on Possible Future Agenda Items.
Roehl asked for the fees-in-lieu-of land dedication and in-lieu-of equipment costs, associated with
neighborhood Mini-Parks be on the agenda.
The Board also asked Shaw to report on the legality of the policy have collecting a deposit for new
buildings, and if there are other municipalities who also impose similar deposits.
18. Administrator / Clerk Report and Action Requests.
a. Check and Voucher Approval.
Oberle and Kolar moved to approve checks numbered 2151 through 2175, inclusive, for
a total of $ 75,502.88. Motion passed.
b. Correspondence / Communications.
Shaw reviewed several letters and communication from the State regarding the newly man-
dated “Maintenance of Effort for Emergency Services”.
Roehl and Licht moved to adjourn. Motion Passed at 10:48 P.M.
These minutes were drafted by Shaw based on his notes and recollection and were approvedl at the
Board meeting of November 2, 2009.
1. Town Staff – Report the balance of the Pope Farm Park Development and Maintenance Account.
2. Town Administrator – Contact Wisconsin Towns Association to determine the legality of the Town‘s
building deposit policy.
3. Town Staff / Engineer – Prepare an Ordinance amendment better defining driveways and openings.
4. Public Works Coordinator – obtain new agreement with City of Madison to reconstruct Blackhawk
Road with additional language, as requested.
Items for the November 2nd Agenda
1. Mini Park Fees
2. Building Permit deposit report.
3. Pope Farm Park account report
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