08.03.03 Board minutes -FINAL

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08.03.03 Board minutes -FINAL Powered By Docstoc
					                                    Town of Middleton
                                Town Board Meeting Minutes
                                      March 3, 2008
The meeting was called to order at 7:05 p.m. In attendance were: Chair Milo Breunig,
Supervisors Gary Whitney, Richard Oberle, and Frank Acker along with David Shaw,
Administrator; Tom Voss, Erbach & Voss, Town Attorney; Rod Zubella, Vierbicher
Associates, Inc., Town Engineer; Jerry Wagner, Lead of Town Crew and members of the

1.       Proof of Posting and Notice.
         Shaw stated that the Agenda had been posted at the three official locations, published
         in the Middleton Times-Tribune, on the Town’s website as well as emailed to the
         Town’s list.
2.       Public Input.
         Bill Kolar, 7815 Wildlife Trail, asked about the “Contingency Fee” listed in the contract
         with Miron for Fire Station #2. Breunig indicated that Shaw would research and get
         back to Kolar with an answer.
3.       Minutes of the Meeting of February 18, 2008.
         Oberle and Breunig moved to approve the Minutes of the Meeting of February 18,
         2008. Motion passed.
4.       Liquor License and Dance Hall License Requests for Tanya Henry, d/b/a “The
         Outer Limits”, 7302 Highway 14, Middleton, WI.
         No one appeared for this item and there was no news from either attorney who has
         been working on an agreement. This item was tabled until the meeting of March 17,
5.       Re-approval of Cherrywood Forest Preliminary Plat.
         Voss outlined Town ordinances which address the length of time an approval of a
         preliminary is good for and how this plat falls with in that timeline. Don Esposito,
         Veridian Homes, stated that what he is asking re-approval for is identical to what was
         previously approved. Zubella stated that while a small change is being contemplated,
         that issue will be brought forward during the Final Plat approval.
         Breunig asked Kolar, Plan Commission Chair, if he and the Plan Commission wished
         to review the Preliminary Plat again, Kolar stated that they had reviewed in this form
         and approved, therefore there is no need to review a second time.
         Oberle asked how Park Fees would be handled. Zubella and Voss indicated that Park
         Fees are dealt with in the developer’s agreement which is done when the Final Plat is
         Oberle and Whitney moved to re-approve the Cherrywood Forest Plat subject to
         the same conditions as the original:
              The Vierbicher Associates, Inc. letter of August 30, 2006;
              The Plan Commission recommendations from the September 6, 2006
              The Park Commission recommendations from the September 18, 2006
              The developer is to remove deadwood and hazardous materials throughout

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             outlot 3 and remove non-native and invasive species in the under story of the
         That Park Fees be determined at Final Plat approval, subject to ordinances in
         force at that time,
         And with the consent of the Chair of the Plan Commission that there is no need
         for the Plan Commission to review.
         Motion passed.
6.       Borrowing for Construction of new Fire Stations.
         Shaw asked for approval per the Chairs consent, to borrow funds not to exceed
         $ 4.6 Million for Fire Stations 1 & 2 and the Road Construction Projects and for a new
         Plow Truck.
         Voss suggested that since the Town has not heard back from all parties that it has
         made inquires to and since this plan means that the Fire Commission will not know
         what the final lease rate will be until after the Fire Station is completed and in use, that
         Acker take this plan to the Fire Commission and get their approval and that this be
         placed on the next agenda with rates from the various banks that will be good for
         whatever period of time needed to have them signed.
7.       2008 Storm Water Report.
         Breunig and Acker moved to approve the 2008 Storm Water Report. Motion
8.       Appointment of Park Commission Member to fill Vacancy.
         Breunig and Whitney moved to appoint Dan McLain to fill the vacancy on the Park
         Commission. Motion Passed.
9.       Recommendation from Park Commission to approve $500 from the Park
         Development Fund for the grooming of cross-country ski trails in Tallard and
         Pope Farm Park for 2008.
         Whitney and Acker moved to expend $500 from the Park Development Fund for
         the grooming of cross-country ski trails in Tallard and Pope Farm Park for 2008.
10.      Recommendation from Park Commission for the Town to establish a Park
         Impact Fee of $4,209.12.
         Zubella reviewed changes in State Statutes concerning Impact Fees and explained
         that while it is now once again permissible to have a Park Fee in Lieu of Land
         Dedication; it was still beneficial to have done the Parks survey, establish Park and
         Trail Standards, and to have calculated a justifiable Park Fee.
         Voss suggested that Town Ordinances be changed to allow for Impact Fees but to
         have the Park Fee not be adopted as an Impact Fee but rather as a Fee in Lieu of
         Land Dedication as there are less stringent requirements for its use. He therefore
         recommended that this be tabled and come back before the Board at its next meeting
         with an appropriate title.
11.      Engineer’s Report & Action on Recommendations.
         Zubella had nothing to report.
12.      Attorney’s Report & Action on Recommendations.
         Voss commented that work is being done on Title 11 in preparation of presenting it to
         the Board for review.
13.      Board Member Reports.
         Acker – Spoke to a letter received from Bonnie Hammersley, stating that since there
         was no written contract or agreement binding them that Dane County is refusing to pay
         for costs associated with the design of their portion of the proposed Public Safety

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     Building to house the Sheriff and Middleton Fire Station #2. This after the Town
     getting verbal agreements from several Dane Count Officials including Ms.
     Hammersley former Sheriff Gary Hamblin and current Sheriff Dave Mahoney to have
     Dane County pay a proportional cost to design the site and building
     – He also mentioned that the Road Crew, per current agreement, is receiving overtime
     pay for any and all hours worked outside “normal” work hours of 6 a.m. to 4 p.m..
     Oberle – Suggested that since the Plan Commission has been reviewing Title 11, they
     wish to consider changing standards for how long a plat approval is valid.
     Breunig – Mentioned that the Town had received notice of annexation of 80 acres
     west of Schewe Road.
     – Asked that there be an agreement drawn up with Fred Hankel for him to acquire
     licenses need to perform Commercial Inspections.
     – Mentioned that he had heard about someone being attacked by a dog in
     Cherrywood and wondered if the owner of the dog had been cited.
     – Mentioned a letter from Bob Irvine regarding dogs in Goth Park and asked Shaw to
     follow up with Deputy Cattanach.
     – Mentioned that it looked like concrete had been dumped in Sunnyside Seed Farm
     south of US 14. Asked Shaw to contact Laura Guyer from Dane County Parks to if
     she knows what is going on.
14.  Administrator / Clerk Report and Action Requests.
    a. Check and Voucher Approval.
         Oberle and Acker moved to approve checks numbered 20559 through 20642.
         Motion passed.
    b. Financial Report for December.
         The Board reviewed the un-audited report.
    c. Correspondence / Communications.
         Shaw presented the 2008 Girl Scout Week Proclamation which Breunig signed.
         Shaw asked if the map showing the proposed extent of lands to be maintained by
         Middleton Fire District. This line was drawn by Vierbicher Associates, Inc. and had
         not been formally reviewed by the Town Board. They asked that it come back at
         the next meeting.
         Shaw distributed an article describing how the development north of Applewood
         had been rejected by Madison.
15.  Adjourn.
     Breunig and Acker moved to adjourn. Motion passed at 9:48 p.m.

These minutes were drafted by David Shaw based on his notes and recollection and were
approved at the Board meeting of March 17, 2008.

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