FEBRUARY 11. 2008—8:00 P.M.
The Town of Cross Plains Board of Supervisors met for their regular monthly meeting in the Community Center. Meeting notices were published in the February 7th issues of the Mt. Horeb Mail, News Sickle Arrow and Town & Country Shopper. Additional agenda items were posted February 7th at the Community Center, Town Garage and at Morgans. All Board member and about 55 citizens were present. The deputy clerk read the minutes of the January 7, 2008, meeting. Motion to approve the minutes was made by Bob Bowman, seconded by Vera Riley, minutes approved.
Carl Jones addressed the Board to present his resignation from the Town Plan Commission. In part he stated, “My disappointment came over the last year, when some people who attended meetings, consumed time that prevented progress on the Comp- rehensive Land Use Plan. At the same time, letters were written to Madison and local papers that have become progressively more abusive.” He returned the payment he had received for the time on the Commission to the Town and stated that he would not accept a further appointment. Board members thanked Carl for his time on the Commission.
Harold addressed the issue of Village Board powers for the Town Board and questions that have been raised regarding adoption and publication of these powers. Harold stated that he had been told by the former Chairman and Supervisor Walter Haack and Maurice Coyle that the Town had these powers. Records could not be found to verify this. At the April 8, 1997 Annual Meeting motion was made by Walter Haack, second by John Garfoot to adopt Village Powers. The motion carried by a 20-0 vote. The date of publication was not on record. Our Town Attorney, Jim Schmitt is working with Attorney Ed Corcoran and Legal Counsel for the Wisconsin Towns Association to determine steps to take to ensure the legality of Village Powers for the Town. They have advised the Board that without these powers they cannot appoint a Plan Commission. The attorneys have further advised the Board to hold a Special Town Meeting to address this issue as it was not included in this meeting’s agenda. Motion was made by Bob Bowman to hold a meeting Wed. February 13, 2008 at 8:00 p.m., in the Community Center to set a date for a Special Town Meeting to address the issue of Village Powers. It was seconded by Harold. Notices will be posted. Discussion followed. Vera requested a check of the legality of the Clerk’s typed name on the minutes rather than her signature. This will be referred to legal counsel along with any proof of publication that can be found. When/if Village Powers are given to the Town a Plan Commission can be appointed. This Commission can review and choose to adopt the work done by the Commission in place this past year. Harold called for a vote on the meeting date. All approved.
As a result of this action the following agenda items were tabled:
1. Action on Abolishment/Termination of Town Plan Committee
2. Action on Ordinance for Establishment of Town Plan Commission
3. Action on Establishment of Town Comprehensive Plan (Smart Growth)
4. Refer Janice Faga application for unsewered development district to Plan Commission.
5. Further information and discussion on Town’s written procedures for preparing its comprehensive plan.
6. Discussion/action on Arnold Harris’s status as planning commission consultant on the comprehensive plan.
7. Update from Plan Commission.
Harold suggested the possibility of discussion/action on fees for processing petitions asking for rural development area(s) or for expansion on unsewered development area(s). Bob made a motion to table this agenda item as well. Harold seconded the motion. It was approved by all Board members.
Update on Intergovernmental Committee. Harold reported that Mike Schutz has contacted him and will set a meeting date.
Report on Capital Area Regional Planning Commission, a meeting was held, more information will be forthcoming.
Northwest Date update: Vera reported that a large appreciation luncheon for seniors and volunteers is planned for Feb. 14. Costs of the luncheon will be funded by The Shoe Box and Terry’s Piggly Wiggly. Flowers have been donated. Other donations are always welcome.
Update on roads: Rick simply said, “Make it stop!” Harold commented that our road crew has worked hard to keep the roads open. The supply of salt has been cut and replaced with a mixture of sand and salt. Salt had cost $58/ton. The mixture should cost less. Private drives are plowed by the Town for a nominal fee after roads have been plowed. The fee can be paid at the time of service or can be added to property taxes. Salt in the shed is available to Town residents. Waste Management had trouble making all their pickups one day. Town residents can call Harold or 273-2500 to request service if they have been missed.
Fire District Updates: Cross Plains-Berry will hold a meeting February 26. Mt. Horeb is applying for a Schaeffer Grant. They plan to update radios. Discussion followed.
Approval of bills: approved bills were forwarded to Rosie Farrell for payment. Harold noted that one set of truck chains needs to be replaced.
Any other items that may properly come before the Board. Report on Sub.1 to Ord Amdt. 26, 05-06 amending Chapter 10 of the Dane County Code of Ordinances regarding TDR Zoning Districts was introduced. Bob explained that this ordinance addresses issues of Transfer Development Rights, creates TDR sending districts and TDR receiving districts. Towns would have a choice to opt into either or both. Dane County will not allow the sale of rights without the establishment of conservation easements. This amendment presents legal issues between Dane County and towns as conservation easements are held by towns. If rejected Dane County will have to rewrite and refigure the amendment. Towns must register disapproval by Feb 18 or approval is assumed. Bob made a motion to disapprove this amendment. Second was made by Vera. Discussion followed. Several present felt this could be a useful tool in preserving farm land, giving land owners the choice to sell rights and/or transfer rights to road accessible sites and would be welcomed by developers. Others commented that under this proposal rights could be sold out of the Town to another Dane County location and thus reduce the Town’s tax base. They felt too that this would place obstacles to town control. Harold called for a vote on disapproval of the Amendment, all Board members approved.
Jerry Kermicle asked about the consequences should Village Board powers not be granted to the Town Board. Discussion followed.
Jim Boland stated that he had been accused of meeting with Janice Faga privately on matters regarding her plans for a subdivision in the Town. He stated that he had not met with her privately and asked Board members if they had met with Ms. Faga privately. Harold responded that he was asked to but had declined. Vera said she had received a call to meet with Ms. Faga. She had agreed to meet at a public place if general information would be shared. This was prior to the time Ms. Faga’s plan had been presented to the Board. No commitment was made at their meeting. Bob said he frequently meets with residents. They can be advised if plans are in agreement or in violation of the Town Land Use Plan. It is a service to citizens. He had met with Ms. Faga privately before her plan was presented to the Board and did not make commitments. Stefi Harris stated objections to these meetings. Arnie Harris stated that Board members were required to provide written reports of these private meetings at the following Board meeting.
A Dane County Sheriff Department officer reported that officers had responded to eight calls in the Town in the month of January. One of these was the accident involving a fatality on Hwy 14 between Cleveland and Rocky Dell Roads. He commented that most accidents on this stretch of highway have occurred during poor weather conditions or when drivers are impaired. Discussion followed. It was reported that the Dept of Transportation will hold a meeting at the Cross Plains Fire Dept building on Feb 27 from 4:30 to 7:30 to introduce studies on Hwy 14 from Hwy 78 to Hwy 12.
No other items were brought before the Board. Bob made a motion to adjourn Vera seconded the motion. All approved. Meeting adjourned at 9:25 p.m.
Anne Herger, Deputy Clerk