Town of Oregon
Town Board Meeting Minutes
December 6, 2016
Chairman Wayne Ace called the December 6, 2016 Town Board Meeting to order at 6:30 pm.
Clerk Denise Arnold called the roll the following Town Board Supervisors were present: Tom Wiedenbeck, Fred Clark, Arlen Christensen, Phil Van Kampen and Chairman Wayne Ace. Also present were Attorney Lawrence Bechler, Bill Buglass and other representatives from Payne and Dolan.
Motion made by Van Kampen and seconded by Clark to approve the November 1, 2016 Town Board Meeting Minutes. Motion carried.
Motion made by Christensen and seconded by Clark to accept the November 2016 Financial Reports as prepared by Deputy Clerk/Treasurer Jennifer Hanson. Motion carried.
Town of Oregon resident Mary Benjamin residing at 405 Bramble Lane, Brooklyn, WI 53521 addressed the board to register a complaint regarding the operations of the new Payne & Dolan quarry adjacent to the Klahn site. Mrs. Benjamin was concerned about the hours of operation stating that Payne & Dolan is starting at 5:30 am, the constant beeping of trucks backing up and dust blowing is not acceptable. She also wanted to know why they were not notified that this pit was going to be active. Bill Buglass of Payne & Dolan explained that every property owner within a 1,000 feet received notification from Payne & Dolan, Dane County Zoning and the Town of Oregon. Clerk Arnold explained that it was in the Oregon Observer twice, posted here at the office, on the Town Website and displayed at the Town of Oregon Recycling Center (TORC). Benjamin wanted to know if this needed to be approved by the Town Board. Ace explained that it was recommended by the Plan Commission and approved by the Town Board and Dane County. Benjamin asked why the Board approved this. Ace shared that our Comprehensive Land Use Plan designates areas in the Town for such activities that have those natural resources. There were no objections from the public the time of the Public Hearin.
Resident Gene Prigge located at 417 Bramble Lane, Brooklyn, WI 53521 questioned the Town Board why that location for a quarry was approved. The noise starts at 5:00 am, the silica that has blown around this fall has caused a health hazard. Why was this allowed next to a residential area? Ace explained that the pit located just south of that location is next to the Village of Brooklyn residential area and has not been a problem. Payne & Dolan has created a berm to block the sounds of the crushing plant, trucks and minimize the sand blowing. Mr Prigge said that berm was a joke.
Town of Oregon Board Meeting Minutes
December 6, 2016 – Page 2
Ralph Benjamin, 405 Bramble Lane, explained that neighbors have a growing hostility toward Payne & Dolan due to the operations of the quarry. He requested a 7:00 starting time, raising the berms and adding more trees. The back-up beepers should be changed to a different decibel. Bill Buglass said that they will check with the employees on the start time, they can wet down the sand to avoid blowing. There is a different back up beeper alert available so that could be changed to more of a scratching noise rather than beeping. Payne & Dolan wants to be a good neighbor. Buglass shared that each year they will be moving south away from the residential area. They will also be going lower thus making the berms more effective. Payne & Dolan representatives will be visiting the Benjamin residence tomorrow to observe the situation to come up with agreeable solutions.
Dane County Supervisor Jerry Bollig provided information regarding the Dane County Budget process. Bollig suggested that the Supervisors make a list of questions that he could address at another time.
John Marx, Vice President of the Brooklyn Fire/EMS Commission and Kim Gruebling, Supervisor from the Town of Union Board addressed the Board, Mark O’Brien was out of town. Marx shared that the Commission has been working on amendments to the Brooklyn Fire/EMS Agreement for 14 months and at times it has proved to be contentious. Marx explained that there is one limitation that must be addressed at this time which is the per capita of $15.00 limitation which is how the agreement reads now. It was a unanimous agreement within the participating members to increase this from $15.00 to $60.00 with the exception of the Village of Brooklyn. The Attorney for the Fire District and the Attorney from the Town of Brooklyn agree that four out of five municipalities must agree to make this change happen. There is a sense of urgency to complete this before the end of the calendar year. The Village of Brooklyn has only paid ¼ of their levied amount with $53,000 still outstanding to the Brooklyn Fire/EMS District. Marx and Gruebling have come forth to urge the Town of Oregon to pass Resolution #1 and Resolution #2.
Chair Ace inquired with the Town’s Attorney Larry Bechler if a municipality did not pay would they be subject to any penalty?
Attorney Bechler replied that the agreement is weak at getting municipalities to pay 12% interest on past due commitments. The agreement also lacks a withdrawal arrangement. The amendments to the actual agreement are missing many details that could affect the participating municipalities negatively. The Fire/EMS District should not have the right to borrow independently. Borrowing should occur with one municipality and others pay that municipality back. The amendment proposes that it lessens the ability of member municipalities to object to things that are done.
Supervisor Van Kampen inquired if the intent of the amendment is to change the 2005 agreement. If this is the case then more review of the agreement document should be done.
Marx agreed that the agreement is not a perfect document and will need further review.
Town of Oregon Board Meeting Minutes
December 6, 2016 – Page 3
Kim Gruebling of the Town of Union felt they needed a unanimous agreement to obtain any compliance from the Village of Oregon. The Towns of Union, Rutland and Brooklyn have already approved the amendments. The EMS will not be able to function without the funding from the Village of Brooklyn.
Marx predicted that the District will deplete the funds by August 2017 without further funding from the Village of Brooklyn.
Supervisor Wiedenbeck said this has been an ongoing contentious situation about the $15.00. All agreed to the $60 per capita except for the Village of Brooklyn; stating that is was not following the contract. Weidenbeck went on to explain that the Village of Brooklyn has already been paying more than the $15 per capita for years. It is also perplexing that the Village of Brooklyn complained about response time for the EMS but does not want to fund the EMS for full coverage.
Motion made by Van Kampen to approve Resolution #2. Failure to obtain a second on the motion, the motion fails.
Marx stated that both resolutions would need to be approved to be effective.
Attorney Bechler expressed concerns with Resolution #1 which approves the full agreement. The agreement is flawed as it allows for the District to borrow funds and force the municipalities to pay for it. They should only have bonds issued no authority to borrow. Bechler would only recommend resolution #2.
Van Kampen had concerns that the commissioner could make decisions without the entire Town Board’s approval. There is also no guarantee that the Town would receive another chance to change the agreement.
Clark felt the intent of the District is honest and uses common sense. Clark recommended approval of both because there is a need to move on with the process.
Christensen was okay with approving both resolutions because each town has someone there to vote and represent what their municipality wants.
Motion made by Christensen and seconded by Wiedenbeck to approve both Resolution #1 and Resolution #2 presented by the Brooklyn Fire/EMS District.
Van Kampen expressed concerns with approving a contract that has defects.
Roll Count Vote: Wiedenbeck-yes, Clark-yes, Ace-Abstain, Christensen-yes, Van Kampen-no. Motion carried.
Payne and Dolan reported that they have all the necessary permits, site grading and building berms required. Aerial photos of the site were available for viewing. Drag lining was completed at the Klahn site. Landscaping was completed and more will be completed that were not even in the original plan. With the use of a drone fitted with video capabilities a short film was shown featuring the activities of the pit in production. The pit will shut down next week for due to the cold weather and will not reopen until spring. There is the potential of using the rail for transportation.
Town of Oregon Board Meeting Minutes
December 6, 2016 – Page 4
No further discussion was necessary on this agenda item.
Van Kampen reported that the OAFED was wrapping up the Fire Chief position they are down to 3 potential candidate out of 22 applications. The interim Chief is Glenn Linzmeier. The new ambulance has arrived and will soon be ready for service. The old ambulance will be traded in. Wiedenbeck did not have anything further to discuss regarding Brooklyn Fire/EMS. Clark did not have any items to bring before the board regarding Belleville Fire/EMS.
Chair Ace shared that we talked about this ordinance toward the end of the winter season last year. There is not time with the snow season already arriving to get signage in place to establish a new ordinance. The Clerk’s office will send letters to the individuals that complaints are registered on by residents or the Town’s snow plow drivers.
Chair Steve Root was not available. Supervisor Christensen reported that the Park Committee will not meet again until March. Ace shared that Root will remain as Chair and one more member is needed on the Park Committee.
Assessor Blomstrom was not in attendance and did not submit a report prior to the meeting.
Clerk Arnold shared that there were seven building permit applications applied for in November 2016.
Constable Gary Wackett submitted a report prior to the meeting stating that there was one illegal dumping on the roadside and one vacation check in the month of November 2016.
Wackett also informed the Board of his resignation effective December 31, 2016 as he is moving out of the Town of Oregon. The Board has decided to leave the position vacant until the next election in April 2017.
Christensen reported that there is a work day at the Anderson Farm Park on Saturday, December 10th from 8:00-11:30 am. Christensen will be there with his bobcat to assist.
Town of Oregon Board Meeting Minutes
December 6, 2016 – Page 5
Supervisor Wiedenbeck reported that there was a Public Hearing regarding the rezone of the Karen Dorrough property however it was tabled because there was not a representative for that petition. They will discuss this again at the meeting on December 13th. The approval of the October 2016 meeting minutes were tabled due to the election they were not available. The driveway ordinance was discussed, Hanson will make the changes that were requested then the Plan Commission will approve and recommend those changes to the Town Board. Duffin discussed the driveways 500 ft. language be removed. Residents would be limited to one driveway per dwelling on Town roads. Van Kampen questioned if driveways can be straight across from each other. Van Kampen suggested checking with Pam Dunphy from Dane County. Duffin explained that the width was discussed at the Plan Commission Meeting. Duffin brought up the McNair property located on Alpine Road and the concerns with proper bump outs on that long driveway. Duffin thought that the Town should probably work with the Fire/EMS for safety concerns on the formation of this driveway. Wiedenbeck mentioned that the Conservation Subdivision Ordinance was already written and a review of the Land Use Plan will still need to be done. Duffin shared that he has talked to Susan Kresbach about the Conservation Subdivision Ordinance and invited her to attend the December 13th Plan Commission Meeting to learn more about some of the potential hurdles she must face.
Chair Ace followed up on a troubled intersection, he removed the brush and it has helped improve the safety of that area. We now have enough snow plow drivers. More trees are being trimmed on Fish Hatchery and Lincoln.
Christensen did not think that the Town should invest in a new joint trailer. Van Kampen shared that he would talk to the Town of Dunn Clerk, Cathy Hasslinger about the purchase.
Chairman Ace requested that the radio purchase be tabled at this time because the DaneCom system is still not working properly. The Clerk was instructed to include this on the January 2017 Town Board Meeting Agenda.
Van Kampen shared that there was no new business to report regarding the Oregon Senior Center.
The January agenda should include discussion and possible action on the emergency radio system purchase, update and possible action regarding the joint trailer purchase for the excavator. Van Kampen requested that a Village annexation between Hwy CC and Netherwood, intergovernmental boundary agreement with the Village and the bike trail be added to the agenda. The driveway ordinance should be discussed with possible action.
Town of Oregon Board Meeting Minutes
December 6, 2016 – Page 6
The Town of Oregon Caucus is set for Saturday, January 21, 2017 at 2:00 pm with a snow date of Saturday January 28, 2017 at 2:00 pm.
Motion made by Clark and seconded by Christensen to approve the payment vouchers for the month of November 2016 in the amount of $84,097.98. Motion carried.
Clerk Arnold reported that the 2016 Presidential Election Recount was completed for the Town of Oregon on Sunday December 4, 2016. The Town of Oregon’s ballots and required paperwork were all in order. The ballot count changed by one vote due to a voter circling the desired candidate rather than filling in the oval.
No new items were brought before the Town Board.
Motion made by Van Kampen and seconded by Clark to adjourn into closed session. Motion carried. Roll count in closed session Wiedenbeck, Clark, Ace, Christensen, Van Kampen and Clerk Arnold all present. Motion made by Van Kampen and seconded by Clark to instruct the Town Board’s representative on the Oregon Area Fire/EMS Commission to agree with the union payment schedule as suggested. Motion carried.
28. Board will adjourn from Closed Session.
Motion made by Christensen and seconded by Wiedenbeck to resume into open board session. Motion carried.
Motion made by Wiedenbeck and seconded by Clark to adjourn the December 6, 2016 Town Board Meeting at 9:15 pm. Motion carried.
Denise R Arnold