TITLE:  Town of Berry Board Meeting Minutes

DATE: June 16, 2008

TIME:  7:30 – 10:54 p.m.

PLACE:  Town Hall, 9046 State Road 19, Mazomanie, WI 53560

POSTINGS:  DH Repair, Town Hall, Festge Park

 

I.  CALL TO ORDER – ROLL CALL:  The meeting was called to order at 7:30 p.m.  Board members present:  Anthony Varda, Jim Laubmeier, Tim Henneman, Chris Upper and Sue Studz.  Also present Clerk, Brenda Kahl.

 

II.  APPROVE MINUTES OF MAY 20, 2008

Motion Upper/Varda to approve the minutes of May 20, 2008 as amended.  Motion carried.  Vote 5-0.  

Amendments:

Public comment by Chris Upper, change the word “questioned” to “asked”.

Committee reports, Highways, typo error.  Correct the spelling of the word polls to poles.

 

III.  PUBLIC COMMENTS:  You may address the Board on any item not on the agenda.  A discussion item may be placed on a future agenda.  Public comment may be heard on any agenda item marked with an asterisk (*) or at the discretion of the Town Chair.

Karen Upper asked why the Plan Commission’s recommendation of a policy decision to keep the 66 foot right-of-way along Highway 19 instead of dedicating more as a condition of approval for rezoning was not on tonight’s agenda.

 

IV.  APPROVE/DISAPPROVE/ACTION

A.  *(2008-6) Paul & Hali Cardis, 5877 Whippoorwill Road, rezone 23 acres from A1-ex to A-2 and A-2(2).  Lot 1 to A-2 and Lot 2 to A-2(2)

Motion Upper/Laubmeier to approve Paul & Hali Cardis’ rezone of 23 acres from A1-ex to A-2 and A-2(2) with a deed restriction on lot 1 restricting entry to a shared driveway off of Whippoorwill Road in favor of the town.  Motion carried.  Vote 5-0

 

B.  *(2007-9) Fred Lubcke, 5632 Schuman Road, driveway permit application 

Motion Upper/Studz to approve Fred Lubcke’s driveway permit application.  Motion carried.  Vote 5-0

 

C.  *(2008-7) John Stoppleworth, Scherbel Road, driveway permit application 

Motion Varda/Studz to approve John Stoppleworth’s driveway permit application.  Motion carried.  Vote 5-0

 

V.  NICK LADAPOLOUS, DISCUSS/INFORMATION ON PENDING ANNEXATION OF LAND INTO THE VILLAGE OF CROSS PLAINS

Discussed annexation of Brewery Road along with land owned by Randy Schoenemann and Eugene Maier.  Also discussed the width and condition of Stone Valley Road and when and how this road will be improved due to the new subdivision.

 

 

 

 

VI. DISCUSS/ACTION ON SOD ROAD ISSUES

A.  Paul Boutwell’s application for a Permit for Activities in the Town Road Right-of-Way

B.  Appropriate Road Improvements

Anthony Varda recused himself as Chair on this issue.  Jim Laubmeier acted as Chair.

Motion Upper/Studz to accept the Road Committees report and recommendations which would include permits and ditching.  Motion carried.   Vote 4-0

Road Committees report and recommendation:

1.  A ditch deep enough to remove surface water to a depth at least two feet below the roadbed be constructed on the East side of Sod Farm Road.

2.  The Town strongly encourage Paul Boutwell, Jim Nania, the Fish and Wildlife Service and other interested parties to construct this ditch as close to the road as reasonable for the safety of those using the road.

3.  That Boutwell be encouraged to install tile on the west side of Sod Farm Road and that his permit to do so be approved with the two stipulations

            i. Digger’s hot line be contacted to locate any buried wires under the right of way.

            ii. The tile be placed in a way that it will not interfere with possible future

            installation of a ditch within the right of way on the west side of Sod Farm Road.

 

VII.  DISCUSS/ACTION RE FORMALIZING HIGHWAY COMMITTEE CHAIR AS HIGHWAY SUPERVISOR

Motion Upper/Studz that action on appointing the Highway Supervisor be postponed until the July Board meeting; that the Board direct the Clerk to place the item “Choose the Highway Supervisor” on the agenda for the July Board meeting; and that Tony Varda be appointed interim Highway Supervisor until our July Board meeting.  Motion carried.  Vote 3-2  In favor: Upper, Studz and Henneman    Opposed: Varda and Laubmeier

 

VIII.  DISCUSS/ACTION RE: PAYING BOARD MEMBERS TO ATTEND GENERAL INFORMATION MEETINGS ON DANE COUNTY TOWNS ASSOCIATION, IN ADDITION TO $2,000/ANNUAL BOARD MEMBER BASE PAY, RETROACTIVE

Motion Upper/Studz whereas information gained in informal communication with board members from other towns is often to Berry’s benefit, and whereas information provided at Dane County Towns’ Association meetings is often useful to Berry, and whereas Berry’s voice needs to be heard in discussions of issues under consideration by the Town’s Association, therefore, be it resolved that it shall be the Policy of the Town of Berry to send at least one Board member to represent the Town at each and every Dane County Town’s Association meeting, this policy shall be retroactive to January 1, 2008. 

Motion Henneman/Upper to amend the motion by deleting the words “at least”.  Motion carried.  Vote 4-1  In favor: Upper, Henneman, Laubmeier and Varda   Opposed: Studz

Motion as amended: whereas information gained in informal communication with board members from other towns is often to Berry’s benefit, and whereas information provided at Dane County Towns’ Association meetings is often useful to Berry, and whereas Berry’s voice needs to be heard in discussions of issues under consideration by the Town’s Association, therefore, be it resolved that it shall be the Policy of the Town of Berry to send one Board member to represent the Town at each and every Dane County Town’s Association meeting, this policy shall be retroactive to January 1, 2008.

Motion carried.  Vote 4-1  In favor: Upper, Henneman, Laubmeier and Studz  Opposed: Varda

 

IX.  DISCUSS/ACTION ON POLICY FOR USE OF PROFESSIONAL SERVICES

Motion Varda/Laubmeier that all authorization for use of professional services, including but not limited to services of engineers and attorneys require authorization of majority of the quorum at a board meeting, except where such services will cost less than $300 and the need for such services preclude delay until the next regularly scheduled meeting, they may be authorized by the Town Chair.  Motion carried.  Vote 5-0

 

X.  DISCUSS/ACTION ON APPOINTING A TOWN ATTORNEY

Motion Studz/Upper to postpone.  Motion carried.  Vote 5-0 

 

XI.  DISCUSS/CONSIDERATION OF A COST SHARING PROGRAM FOR REMEDIATION OF DRIVEWAY FROM WHICH WATER OR MATERIAL WASHES ONTO TOWN ROADWAYS

Motion Upper/Varda to postpone.  Motion carried.  Vote 5-0

 

XII.  DISCUSS/ACTION ON DANE COUNTY BICYCLE PATH PROGRAM AGREEMENT

Motion Upper/Varda that the GNC members inform the GNC that if the Town of Berry receives a plan for how the monies will be used and a satisfactory explanation of how these public funds will be administered in an adequately accountable manner before the third Monday in September the Town Board will decide at its regular September Board meeting whether or not to accept the monies.  Otherwise they will be returned.  Motion carried.  Vote 5-0

 

XIII.  DISCUSS/ACTION ON POLICY 105.3, ROAD PATROLMAN POLICY, RE SICK LEAVE CAP

Motion Laubmeier/Varda to revise section XI (A), Sick Leave to read as:

“Sick leave is accumulated at the rate of four (4) hours for each pay period.  There are twenty-six (26) pay periods each year.  The employee may accumulate sick leave.  Accumulated sick leave at time of retirement may be converted to an account to continue employee’s health insurance premiums.  The formula of the number of accumulated sick leave hours times the person’s hourly wage will be used to establish the amount of the account.  If the person leaves the position prior to retirement, the accumulated sick leave is lost.” 

The four hours per pay period will be added onto the 240 existing sick leave hours.  Motion carried.  Vote 5-0

 

XIV.   DISCUSS/ACTION ON LEASE AGREEMENT FOR COPIER

Motion Varda/Studz to approve the Canon IR3035 digital copier, printer, scanner and fax proposal from Gordon Flesch at a 5 year lease at $185.09 per month.  Motion carried.  Vote 5-0

 

XV.  DANE COUNTY ZONING ORDINANCE AMENDMENT #9871, Gary Achenbach, Scherbel Road

No action taken.

 

 

 

XVI.  BUDGETARY MATTERS

A.  Payment of Bills

Motion Varda/Upper to approve the payment of bills.  Motion carried.  Vote 5-0.  Check #2695-2697 & #13125-13156

 

B.  Options to improve sound in meeting room

No action taken

 

C.  Discuss/action on surplus of funds to be used to upgrade Berry/Cross Plains Fire Truck

Motion Henneman/Upper to approve purchasing a radio and mobile data computer and refurbish engine 3 with the surplus funds.  Motion carried  Vote 5-0

 

D.  Schuman Road paving project contract modification

Motion Varda/Studz to accept Payne & Dolan’s change order contract modification of $3,233.97  Motion carried.  Vote 5-0

 

XVII.  COMMITTEE REPORTS/CORRESPONDENCE/COMMUNICATIONS

*District 1 EMS District:

Total cost to taxpayers will be around $450,000.  $17,500 is left after paying all bills and will be used for landscaping, ventilation system (if grant is not accepted), etc.

*Cross Plains EMS District:

There will be an increase in the 2009 budget because a full time person will be hired to cover days.

*Park Committee:

Pursuing getting funds from different sources for the shelter.

*Communications Committee:

Sue Studz has a townofberry.org email address.  Still working on the details.

DSL testimonials.  Have received many responses along with testimonial from people living in Roxbury.  August pre-board meeting.  Talking about DSL and inviting Al Ripp from TDS.

 

XVIII.  DISCUSSION OF FUTURE AGENDA ITEMS

Draft revision of the Driveway, Field Road, and Right-of-way Ordinance – July agenda

Revaluation and maintenance cost information from Accurate Appraisal – August agenda

Adopt Cell Tower Resolution as a Policy – July agenda

Plan Commission policy re decision to keep the 66 foot right-of-way along State Road 19 – July agenda.

 

XIX.  ADJOURN

Motion Varda/Laubmeier to adjourn until the next regular meeting or the call of the chair.  Motion carried.  Vote 5-0.

 

____________________________                ________________________________

Brenda Kahl, Clerk/Treasurer                           Anthony Varda, Chair