The Board of Supervisors of the Town of Cross Plains held their monthly meeting on June 8, 2009 at the Community Center, 3734 County Road P, Cross Plains. Notice of the meeting was published in the June 4, 2009 issues of the News-Sickle-Arrow and the Mt Horeb Mail. The amended agenda was posted on June 5 at the Community Center, the Town Garage and at Morgans. Chairman Greg Hyer and Board Members Vera Riley, Jeff Baylis, Greg Haack and Terry Kurth and about 40 citizens were present.

The meeting was called to order at 8:00 p.m. by Greg Hyer. Greg Haack was asked to lead the Pledge of Allegiance to our flag.

Approval of minutes of May 11, 2009 meetings Greg Hyer asked for additions or corrections to the minutes of the May 11 meetings. Board Members had none. Greg Hyer requested corrections to the paragraphs on Town loans and Town phones. Motion was made by Jeff Baylis to approve the minutes as corrected. Second was made by Vera Riley. All Board members approved.

Chairman / Clerk Announcements Announcement was made of the June 20 date for the Horribly Hilly Hundreds bicycle race. Town roads included on the route were named.

The Financial Report was reviewed. The Clerk explained May changes. Motion was made by Jeff Baylis to accept the report as presented. Second was made by Terry Kurth. All Board members approved.

Greg Hyer announced that the Wisconsin Supreme Court has refused to accept certification of the ‘Town of Cross Plains vs Kitt “Field of Dreams” Korner, LLC case. The Wisconsin Court of Appeals will hear oral arguments in the case on July 8 at 10:30 a.m. Board members and interested citizens are encouraged to attend.

Dane County Towns Association will hold a seminar at the Community Center on June 30 at 7:30 p.m. Board and Plan Commission members are encouraged to attend. Renee Lauber, DCTA Planning Consultant, will cover such topics as TDR, current planning and zoning issues and process. Details will be posted on the web site.

On Memorial Day weekend seven glass blocks on the east window of the Town Garage were damaged by vandals. These and three other broken blocks have been replaced. Rural Insurance has reimbursed the Town $80 for expenses in excess of our $1,000 deductible for the glass broken by vandals.

Public comments Dave Austin, resident of Red Hawk Ln expressed concern about driving the three blind hills on W Mineral Point Road between Pine Bluff and the second entrance to Red Hawk. He stated that he has almost been run over at the crest of these hills on several occasions. He asked if it would be possible to get center lines painted on this stretch of highway before some gets hurt. Discussion followed. Greg Hyer said he would discuss this with Dane County Hwy to determinesafety measures available to the Town.

Greg Griswold reported that he has asked the court to reconsider their decision on his current case involving property values. He stated that the assessor has to do an over look of the full roll or the tax roll stands void. He feels that the 2009 Town assessment is void as a point of law. Jeff Baylis reminded him that the Board of Review cannot determine assessment. An objection can be entered on the total value of the objector’s property. The objection must include a statement detailing why the objector feels his assessment is incorrect. Other citizens commented on letters received from Accurate Appraisals on their 2009 assessments.

Bob Boehnen thanked the nine helpful people who came to Work Night at the TownPark. The Park Committee may have money in their fund to pay for the security gate inside the office entry. The new doors are ready for painting. Mildew on drywall in areas of the basement did not wash off. Sections of the drywall may need to be removed.

Pine Bluff Historical Society presentation. Ken Esser reported that until now the Society has been a group of residents who got together, operating with no official capacity and no authority to appropriate funds. He presented a proposal with options for organization of the Society as a Committee of the Town, as a part of the State Historical Society, in conjunction with a neighboring historical society or as a separate entity. Jerome Esser stated that the Society was started in 1992-93 by Jake Dresen. Bob Boenhen recalled that the original contract with Jim Kalscheur could have included space for artifacts in the Community Center. Discussion followed. Terry Kurth suggested that the existing group reach a consensus under the guidance of a third party, an outsider, to work toward organization, whether it be as a separate entity or adopted by ordinance as a Town Committee. Names suggested for third party assistants include John Dallman or Doc Esser of the Cross Plains Historical Society, Brian Bigler of the Mt Horeb Historical Society or DaneCounty Extension. Other Board members expressed support and cooperation under the Society’s direction.

Action on NationalHeritageLand Trust Resolution. Kate Wipperman offered a brief introduction to the NHLT explaining that their purpose is to permanently protect land and water resources in DaneCounty. They enter a legal document with landowners which prohibits residential development without allowing public assess to their property. The NHLT is requesting Town support for an agreement covering 80.2 acres in Sec 5. The land is owned by the Otto Festge family. Family members Evelyn and Mike Festge and Sue Heinline were present. Mike spoke of his father’s interest in land conservation and donation of land for FestgePark. Sue spoke of the family’s discovery of the NHLT in their search for conservation commitment for the future use of this land. Greg Haack reminded the family that by choosing this option they would be accepting a decreased land value for resale purposes as well. Discussion followed. Greg Hyer stated that this is a permanent deed restriction, a choice made by the family. Motion was made by Jeff Baylis to approve A Resolution in Support of a Dane County Conservation Fund Grant Application and a State of Wisconsin Knowles-Nelson Stewardship Program Grant Application for a Conservation Easement on the Festge Family Property, BlackEarthCreekValley dated June 8, 2009. Second was made Vera Riley. All Board members approved.

Action on Red Mouse LLC Liquor License Renewal Application. Kym and Cheryl Kalscheur were present to request renewal of their liquor license. Jeff Baylis recused himself from any discussion or action on this agenda item but requested that the Board listen to the petitioner not third parties. The renewal application as presented did not ask for changes to or removal of restrictions. Greg Hyer requested information from the business entity. Kym Kalscheur replied that Kitt Kalscheur does not want to work at the Red Mouse yet he (Kym) felt it was unfair to have this stipulation on Kitt. Motion was made by Vera Riley to renew the Red Mouse LLC liquor license with the removal of restriction #1 of the original license conditions. Second was made by Greg Hyer. Discussion followed. Greg Haack stated that because of the continuation of legal action he did not see a reason to change restrictions now. Greg Hyer call for a vote on the motion. Board members Greg Hyer, Vera Riley and Terry Kurth approved, Greg Haack opposed. Jeff Baylis abstained.

Action on St Mary of Pine Bluff Request for a Temporary Class B Retailer’s License. Bill Coyle requested a temporary Class B retailer’s license for the St Mary of Pine Bluff picnic Aug 9, 2009 from10:00 a.m. to 10:00 p.m. Motion was made by Greg Haack to approve the license. Second was made by Jeff Baylis. All Board members approved.

Alliant Energy Proposal for Timber Lane Underground Extension. Megan Dyer, Operating Engineer of Alliant’s Verona facility, presented a map detailing plans to extend underground service along Timber Lane south of Hwy 14 to Old Sauk Pass. An overhead project was proposed but opposed by residents. The project is scheduled to start soon and will take 1 to 1 ½ months for completion. There will be no equipment or debris on the road surface. Alliant will be sensitive to water management.

Report on Good Neighbor Committee. Carl Jones reported on issues discussed at the GNC’s most recent meeting. Hwy 14 will close June 22 and open again mid-August. WI DOT has named Hwy 19 as the official detour. They and Dane County Hwy are also preparing Hwy KP for additional traffic. The new Hwy 14 will include five feet of asphalt outside the traffic lanes. Dane County Hwy Dept is closing the salt shed on Hwy P. The space is under consideration for use as a parking lot for park and ride commuters, and for users of the nearby bike and dog trails.

Action on the GNC Trails Committee Memorandum of Understanding. Sam

Landers was present to represent the Trails Committee. Motion was made

by Jeff Baylis to approve the Memorandum of Understanding Between the City of

Middleton, the Town of Middleton, the Village of Cross Plains, the Town of Cross

Plains, and the Town of Berry Regarding Planning of a Multi-use Trail to be known as

the Good Neighbor Trail. Second was made by Greg Haack. Discussion followed.

Terms of the Memorandum promote cooperation in planning but do not necessitate financial commitment from the Town. Town approval is helpful in acquiring grants from other entities. All Board members voted to approve the Memorandum.

Action on OakValley Bond payment. Vera Riley suggested that the Board consider

making payment of $3,700 to Oak Valley Estates Home Owners Association at this time. She will continue her attempts to locate Wm Wermuth, Developer of Oak Valley Estates. Greg Hyer commented that there was a request by Mr Wermuth for return of the funds in 1981. Town records reviewed showed that no payment was made to him. Motion was made by Jeff Baylis to approve payment of $3,700 to the Oak Valley Estates Home Owners Association. Second was made by Terry Kurth. All Board members approved.

Reports on Fire / EMS District Meetings and Appointments to District Boards. Vera Riley reported that she, Greg Haack and Carl Jones attended the Cross Plains-Berry Fire District meeting May 19th. Vera was elected Vice-President of the District Board. The Village has set a fee to be charged to owners whose alarms go off too many times. Discussion followed regarding the Town establishing a similar policy and the costs of fee collection. Greg Hyer stated that he had asked for volunteers of residents of the Districts for consideration for Board appointments. He then announced the following appointments: One member to the Cross Plains Area EMS Board: Vera Riley. Three members to the Cross Plains-Berry Fire District Board: Vera Riley, Greg Haack and Carl Jones, alternate appointment: Terry Kurth. All would serve a one year term beginning May, the first meeting after elections. Louise Klopp questioned the appointments stating her understanding that people who vote on expenditures must be members of the elected Board. Jeff Baylis replied that the Fire District Boards make recommendations, Town Boards certify expenditures. Greg Hyer will seek legal counsel on the issue through Wisconsin Towns Association. Greg Hyer announced appointment of Terry Sielaff to the Mt Horeb Area Fire District Board. Terry had expressed interest in the appointment. He has lived on Valley Spring Road for 19 years.

Action on a Resolution to be Insured in the Local Government Property Insurance Fund. This resolution became necessary with the acceptance of insurance coverage through the Community Insurance Corporation. Motion was made by Jeff Baylis to approve the Resolution of the Town of Cross Plains that from and after the 28th day of May 2009 the public buildings and other property belonging to the Town be insured in the Local Government Property Insurance Fund, under Chapter 605, Wis Stats., and amendments thereto including the capital equipment and property as listed. Second was made by Greg Haack. Vera Riley suggested that the policy be reviewed to determine if Town trucks were included elsewhere. If not they should be added to the list. All Board members approved the Resolution.

Action on Continuation of the Ordinance Committee. The Ordinance Committee will complete its first year of service on June 30. Reappointment of its members is necessary for continuation of the Committee. Motion was made by Vera Riley to renew the current Ordinance Committee until May 1, 2010 and to fill the one open position. The Board will refer areas for consideration along with suggestions from Committee members. Second was made by Greg Haack. All Board members approved.

Action on Public Hearing and Meeting Date for Town Ordinance Recommendations. It is required by the original resolution forming the Ordinance Committee that a public hearing be held on ordinances before they are adopted. Copies of proposed ordinances are available in the Clerk’s office, at the Cross Plains and Mt Horeb Public Libraries and on the Town web site. The suggestion was made by Jeff Baylis that the public hearing be held ½ hour prior to the Town Board Meeting on July 13 and that the Board consider adoption at their August 10 meeting.

Action to Change the Scheduled Time for Monthly Meetings. Motion was made by Jeff Baylis to hold future meetings on the same day of the month one half hour earlier. Second was made by Terry Kurth. Discussion followed. The Town of Cross Plains meetings begin later than most in the area. Jerome Esser asked the Board to be considerate of farmers. Items can be placed on the agenda in time sensitive order. Board members approved the motion.

Action on Public Hearing and Meeting Date for ComprehensiveLand Use Plan. Jim Boland reported that after two more meetings the Plan Commission will complete their work on the Town Land Use Plan. They held two meeting for public input. Each was attended by more than 20 citizens. The Commission hopes to present the Plan to the Board about mid-July. With allowance for 30 day notice, the Public Hearing could be scheduled for Sept 8. The Plan then will go to DaneCounty for approval. Approval is expected as the new Plan closely resembles the 1981 Plan.

Approval of Bills for Payment. The Board reviewed the list of vendors scheduled for payment. Motion was made by Jeff Baylis to approve payments as presented. Second was made by Greg Haack. Board members voting approval: Greg Hyer, Vera Riley, Jeff Baylis and Greg Haack. Abstained: Terry Kurth.

Adjournment: Motion was made by Jeff Baylis to adjourn the meeting. Second was made by Greg Haack. All Board members approved. The meeting was adjourned at 10:45 p.m.

Anne Herger, Clerk

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