Town of Oregon
Town Board Meeting Minutes
April 12, 2016
Chairman Wayne Ace called the April 12, 2016 Town Board Meeting to order at 6:33 pm.
Clerk Denise Arnold called the roll the following were present: Chairman Wayne Ace, Supervisors Phil Van Kampen, Fred Clark, and Tom Wiedenbeck, Assessor Andy Blomstrom and Constable Gary Wackett. Absent: Supervisor Steve Root.
Motion made by Van Kampen and seconded by Clark to approve the March 1, 2016 Town Board Meeting Minutes as prepared by Clerk Arnold. Motion carried.
Motion made by Van Kampen and seconded by Clark to accept the March 2016 Financial Report as prepared by Deputy Clerk/Treasurer Jennifer Hanson. Motion carried.
Chair Ace called for any public comments, there being none the next item on the agenda was address.
Chair Ace started by establishing rules for the evening. Once a motion is made and seconded the motion will be available for discussion. Country View Vet will be allowed to speak first followed by Plan Commission Chair Brian Duffin. If anyone from the public would like to comment a request to speak form should be submitted to the Chair and you will speak when you are called upon. Ace requested that people put all personal difference aside and discouraged repeating yourself. All board members will be allowed to ask questions Supervisor Clark announced that he would be abstaining from voting and any discussion involving County View Vet. as he felt he had a conflict of interest.
Town of Oregon Board Meeting
April 12, 2016 - Page 2
Chair Ace made the following motion: Motion to approve the land division Petition #DCPCUP-2016-02335 for parcel #0509-091-86001 located at 1350 S. Fish Hatchery Rd, Oregon, WI 53575.
This motion includes approving the current facility to change into 2 separate veterinary clinics. One clinic as a large animal only and the existing clinic into a small animal clinic only. Petitioners must have a legal driveway agreement between the two businesses. The existing day run fencing is to be removed before any new construction begins. The Town recommends that the new building be put back approx. 75 feet from the current site plan or the south east corner where the current dog exercise area is.
This motion includes the following conditions for the Large Animal Facility CUP:
A County approved manure management plan, one sign for the business, all outside lighting must be directed to the ground, uses are restricted to only large animal veterinary hospital/grooming/training large animals in an indoor facility. The number of large animals during daylight hours is limited to four in the designated paddock/pasturing area and no outside PA system or speakers allowed. Hours of operation are from 7:30 am to 6:00 pm weekdays and 7:30 am to 2:00 pm on Saturdays. Emergency calls are until 10:00 pm on an as needed basis.
This motion includes the following conditions for the Small Animal Facility CUP:
A County approved manure management plan, all outside lights must be directed to the ground. One sign for the business. Uses are restricted to only small animal veterinary hospital and dog and cat boarding kennels/grooming/canine daycare and training in an indoor facility only. The business is restricted to a maximum of 18 dogs per day in addition there will be canine patients. All outside dogs are on a one on one basis only. Daycare dogs must be supervised at all times and no outside PA system or speakers allowed. Hours of operation are 7:30 am to 6:00 pm Monday thru Friday. The Saturday hours would be 7:30 am to 2:00 pm. Emergency calls allowed until 10:00 pm on as needed basis. Training classes may be scheduled Monday – Friday 7:30 am – 8:00 pm with a limit of 12 dogs restricted to indoor facility only.
This CUP is limited to the current petitioners and any changes would require a new application process be completed. Petitioner and Owner is Country View Enterprises LLC, 1350 S Fish Hatchery Rd., Oregon, WI 53575.
Supervisor Van Kampen seconded the motion. Ace inquired if anyone from Country View Veterinarian Clinic would like to ask any questions. Dr. Judy Batker addressed the board to request that the large animal clinic be allowed 24 hour emergency care. Batker also questioned the exact location of the new large animal structure. Chair Ace inquired from Fish Hatchery Rd resident Sam Monroe where he thought the best placement of the building would be. The new large animal building should be placed 183 feet from the road centerline. Batker asked how many large animals were allowed. Dr. Emily Leuthner introduced herself and asked questions regarding the CUP as she had not had an opportunity to see it. Luethner had issues with the training only being allow inside. She questioned how animals could go to the bathroom? Ace replied that animals could go
out one at a time and Luethner thought that was unreasonable. Ace requested that the Clerk maintain a list of changes or issues that Luethner requests. The following issues where sited.
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April 12, 2016 - Page 3
· Placement of the new veterinary clinic be 183 feet from the center line of the road.
· Large animal clinic would be allowed to have 4 animal units outdoors at one time.
· Large animal emergency hours would be until 10:00 pm.
· One on one breaks outdoors for all dogs.
· Saturday dog classes allowed indoors or outside from 8:00-1:00 pm. One on one dog to owner from all classes.
· Earlier break in the morning – requested a 6:30 am, one on one.
· One dog outside at all times is inefficient and not logical.
· No limit to canine patients.
· 18 dogs in day care and overnight boarding total. The request for an 18 dog allowance for daycare and 18 for overnight kennel was requested by Country View. The request was for 36 dogs total excluding any canine patients
Chair Ace inquired if Luethner would like to have him read what the current CUP reads. Luethner said no; she had a copy of the original CUP. The original CUP allowed no dogs outdoors.
Chair Ace requested comments from Plan Commission Chairman Brian Duffin. Brian Duffin lives at 232 Tipperary Rd., Brooklyn, WI 53521. Duffin registered to speak in favor of Country View Veterinarian Clinic, he also wanted to go on the record stating that he is not a customer of Country View Veterinarian Clinic he does the bulk of his own vet care. Duffin went on to say that the Plan Commission requested the Public Hearing it was not required to hold one. There was significant opposition and a Commission member (Paul Morrison) said that this Public Hearing could end right now. Duffin agreed and said that they could go on functioning with the current CUP in place. The CUP was approved by the Plan Commission 5 to 0 to recommend passage by the Town Board. Duffin read his CUP #1538 because it was so different from what is being presented by the Town Board at this meeting. Duffin read the CUP he provided to the Clerk’s office earlier in the day. As the Clerk was making copies of Duffin’s CUP Supervisor Van Kampen asked Duffin if he wrote this CUP this afternoon? Duffin replied with the following explanation:
At the Plan Commission Meeting on March 15, 2016 the Plan Commission wrote up changes to the CUP, then on the 22nd of March, Roger Lane from the County made a change in the staff report with the wording to kennel which caused them to be out of compliance. Duffin is trying to bring Country View into compliance with allowing kennel dog and day care dogs outdoors. Duffin combined the two businesses in the CUP he prepared today. He read that to the group. The clerk will maintain a copy of this. Duffin closed by saying the Plan Commission supports the business of Country View Vet. it is a perfect location for the residents of the Town of Oregon. No better care could be provided than by that of a veterinarian. The dogs should be allowed to be outdoors for a healthy situation. Country View is making a maximum effort to reduce the amount of noise. The Plan Commission did not feel that noise should be an issue. Supervisor Van Kampen questioned a contradiction with the number of dogs. Duffin felt that 20 dogs was acceptable.
Town of Oregon Board Meeting
April 12, 2016 - Page 4
The following residents spoke against the proposed conditional use permit:
Sue Weber - 1276 S. Fish Hatchery Road, Oregon, WI 53575
Kari Schlimgen - 1335 S. Fish Hatchery Road, Oregon, WI 53575
Dan Piorier – 1335 S. Fish Hatchery Road, Oregon, WI 53575
Buck Sweeney – Axley Law Firm Representing Jim & Sue Weber
Jim Weber – 1276 S. Fish Hatchery Road, Oregon, WI 53575
Ralph Berkan – 5751 County Rd D Oregon, WI 53575
The residents expressed the following concerns.
· The residents felt that they were not told the truth from the very beginning.
· Country View Vet. is currently out of compliance and the Town has never done anything about it. Who will enforce the new CUP for this business?
· Residents did not agree to the changes made to the CUP by the Plan Commission the numbers keep changing.
· Clarification of dogs, ex. kenneling, daycare.
· The residents felt they did not have an opportunity for opposition at the Plan Commission.
· Dog barking noise, the residents felt that no one has come to listen to the noise of the dogs.
· Diminished land value due to the kennel and doggy day care noise and traffic.
· Will the CUP go to a different owner or will it be limited to the current owner?
· The division of the certified survey map appears illogical.
· Large animal noise.
· Manure issues contaminated the ground water.
· Hours of operation.
· Too many dogs.
Chair Ace explained that the manure management has already been addressed. The CUP is for Country View Enterprises, LLC, any changes they would need to come back and apply for a new CUP. There will be insulation for the indoor noise issues. Jim Weber had presented a letter he composed registering complaints about how the Plan Commission Meeting was held and lack of cooperation to hear the resident’s concerns. Chair Ace explained that each issue that Clerk Arnold wrote on the dry erase boards would be addressed and resolved.
Ace inquired how many dogs would the residents find acceptable to be outside at one time? Various numbers were mentioned from 6 to 20, Ace stated the number of dogs outside at one time would be limited to 4. Ace addressed the issue of enforcement of the CUP. Clerk Arnold shared that the Clerk’s Office is the first line of defense with complaints being registered here. Neither the Clerk nor Deputy Clerk have received any barking dog complaints on the business Country View Vet. until this CUP was filed. No complaint reports were registered with Dane County because none had come before the Clerk’s Office. In regards to the complaint about the land split; the issue was dismissed because this is an ideal location in compliance with our land use plan. Clerk Arnold inquired how many dogs will be at the facility total excluding dog patients, this number should include doggy day care, kenneling, training and grooming.
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Ace reviewed the amendments to his motion of the Conditional Use Permit. There will be 4 large animal units allowed outside at a time. Dogs will be limited to 4 outside at one time and must be supervised. Luethner stated that 4 dogs outside at one time is unreasonable and too restrictive and asked if there could be a compromise rather than a shut down. Ace continued stating the Saturday training 8:00 am to 1:00 pm may be 12 dogs inside or outside with an owner/trainer one on one. Early morning operations may begin at 6:30 am. No restrictions on emergency calls for the large animal vet. clinic. Sound proofing must be used on the new addition to the small animal clinic to reduce noise. Up to 18 dogs for doggy day care and 18 boarding/kennel dogs allowed inside with 50 small animals total excluding patients. Van Kampen said that he would like to see more dogs to be allowed outside; request to amend to 10 dogs outdoors.
Motion made by Chair Ace to approve the following CUP with Van Kampen’s amendment and seconded by Supervisor Wiedenbeck. Clerk Arnold took a roll vote count: Widenbeck-aye, Clark-abstain, Ace-aye, Root-absent and Van Kampen-aye. Motion carried.
NOTE: The recorded version of the minutes reflects a break in the meeting. The Town Board Meeting resumed at 8:35 pm.
Motion made by Clark and seconded by Wiedenbeck to approve the refinancing of the Brooklyn Fire/EMS loan with the Board of Commissioners of Public Lands and paying off Middleton Community Bank. Motion carried.
After reviewing the contract Wiedenbeck requested that the information for representatives be presented from the Belleville Fire & EMS District in a more timely fashion. The delay of information and agendas makes it difficult to be prepared for meetings. Motion made by Clark and seconded by Van Kampen to approve the Belleville Fire & EMS District Contract with Wiedenbeck’s suggestion. Motion carried.
Supervisor Van Kampen reported that each municipality will take out their own loan for the Oregon Area Fire/EMS ambulance purchase.
Van Kampen did not have any new information regarding the OAFED. Ace inquired if the Chief can dismiss a firefighter. Wackett said that the Chief goes before the joint board with a recommendation. Clark reported that they Belleville Fire/EMS was working on the agreement. Wiedenbeck said that no one attended the Brooklyn Fire/EMS meeting. The next meeting will be April 20, 2016.
Clerk Arnold reported that Attorney Hazelbaker has not prepared anything for the board to review.
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April 12, 2016 - Page 6
Dane County Board Supervisor Jerry Bollig reported that the CUP request for Payne & Dolan Pit in Brooklyn was granted an extension. Brooklyn President Pat Hawkey presented a letter of opposition and Dale Arndt spoke in opposition of the pit. Their concerns were increased traffic and claims of high levels of arsenic being discovered in the ground water. The next meeting will be held on May 10, 2016. Ace addressed the traffic issue that he felt was due more to the school bus and dump trucks operating at the same time.
The next Park Meeting will be held Monday, May 9, 2016. Park Chairman/Supervisor Root was not in the attendance. He had emailed the Town Board in advance of the meeting to inform them that the Disc Golf Course that had been proposed has been tabled.
Van Kampen shared that he had been contacted by a resident requesting a bike path out of Fahey Heights. This would require access to private property. Van Kampen will suggest the resident explore the options with the land owners.
Assessor Blomstrom presented his assessment to sales ratio that he prepared. The assessment notices will be mailed out to taxpayers this week.
Clerk Arnold shared that SAFEbuilt finally corrected the invoice for the Town and the Clerk paid it. The Clerk also had a report to share the survey inquiring what other Municipalities of our size use for Building Inspection Services.
Constable Wackett reported that he drove 206 miles and logged 11.5 hours. Wackett made 17 park checks, 1 written warning on an abandoned auto, 2 verbal warnings on park hours, 1 check person, 2 animal complaints, and 1 assist with Dane County Sheriff’s Dept. The quarterly log was also shared with the Town Board.
Ace did not have anything new to report. Roe Parker will be attending the annual meeting to bring us up to date on the Dane County Anderson Farm Park.
Supervisor Wiedenbeck reported that the Plan Commission discussed the CUP for Country View Vet Clinic and approved the land division. The next meeting will be held April 26, 2016. Clerk Arnold shared that Attorney Mark Hazelbaker will be attending the May 17th, 2016 Plan Commission Meeting at 6:30 pm to discuss the WI Act 178 plan to opt of Dane County Zoning. Duffin reported that a group went to the Town of Westport to hear a presentation on that subject.
Town of Oregon Board Meeting
April 12, 2016 - Page 7
Clerk Arnold presented a report regarding the salt purchases for 2015-2016. The Town had $42,000 in the budget and the total expense is $6,691.31 less than that amount. The purchase obligation has been met and the supply of salt should provide enough to finish 2016. Public Works have been road patching and tree trimming. Clerk Arnold reported that the Clerk’s Office appreciates the smart phone decision for Public Works Employees.
Chair Ace thought that within the month they would start the road bid process. Ace thought that Woodvale needs paving and try to do as much seal coating as possible. This might require a mid-May meeting.
Clerk Arnold did not have any new developments regarding the 2016-17 Budget.
Van Kampen reported that there had not been any Oregon Senior Center meetings.
Future agenda items for the May 3, 2016 Town Board Meeting include Road Work and the Brooklyn Fire/EMS loan financing resolution.
Motion made by Ace and seconded by Clark to approve the March 2016 vouchers in the amount of $62,982.23. Motion carried.
Clerk Arnold reported that the 2016 Spring Election included 1,717 votes and 263 Absentee ballots. There were 88 new voters and the new absentee system worked very well. The Brian Tarkenton property violation regarding the junk vehicles has been taken care of and the vehicles have been removed and the violation is closed out. The Baker Tilly Audit was done March 28, 2016. The Annual Meeting is next Tuesday, April 19, 2016 at 7:00 pm. The Plan Commission Meeting will be held on Tuesday, April 26, 2016 at 6:30 pm. Chair Ace thanked the office staff on the good job that was done for the Spring Election.
Motion made by Clark and seconded by Wiedenbeck to adjourn the April 12, 2016 Town of Oregon Board Meeting at 9:15 pm. Motion carried.
Denise R. Arnold