Town of Dunkirk
Dane County, Wisconsin
Town Board Meeting Minutes
July 15, 2019
Dunkirk Town Hall
654 County Highway N
Supervisor Olson called the meeting to order at 7:00 p.m. Also present were Supervisor Daniel Jenks, Treasurer Bonnie Smithback, Constable Greg Holte, and Clerk Melanie Huchthausen. See attached sign-in sheet for others present.
1. Welcome and Pledge of Allegiance. The Pledge was led by Constable Greg Holte.
2. Approval of Agenda. Supervisor Jenks stated a motion to approve the agenda as presented. Motion was seconded by Supervisor Olson. Motion carried 2-0.
3. Minutes: Supervisor Olson asked if everyone read the minutes. Supervisor Jenks stated a motion to approve the minutes of the regular meeting of July 1, 2019. Motion was seconded by Supervisor Olson. Motion carried 2-0.
4. Report on Bills: Supervisor Jenks stated a motion to accept and approve the bills payable in the amount $139,156.98. Motion was seconded by Daniel Jenks. Motion carried 2-0.
5. Public Comment: (1) Several residents from the Pleasant Hill Road area were in attendance. They were contacted by Dane County Sheriff’s Department. A property management company has sought assistance from the Sheriff’s Department to determine whether 1211 Pleasant Hill meets the requirements to rent the home to house violent sex offenders. Officer Bennett stated they have to check homes for children under 18 within 1,500 feet and if there are then it cannot be rented. Mrs. Daggett has done significant research. At the corner of US Highway 51 and Pleasant Hill there is at least one child under the age of 18. Grandchildren who visit regularly do not count. Officer Bennett stated he does not know whether they strictly adhere to the law. Officer Bennett did prepare his report but he does not know where that report goes. One resident is concerned that the property does not have to be rezoned. However, if they want to groom dogs or raise many chickens, they would have to rezone their property. The current home in Dunkirk have housed five violent sex offenders and three stayed for a considerable amount of time. The residents are concerned about reduced property values for their homes. They are also concerned that they will not know any action has been taken until it is a done deal. It behooves the property management to purchase these properties because the State will reimburse the property management company an amount much larger than they would usually get. Another resident recommended we adopt an ordinance like Pleasant Prairie to deter management companies. 1211 Pleasant Hill sits on top of a hill and can watch the comings and goings of all surrounding residences. Supervisor Olson stated he is willing to have our attorney look at the sample ordinance. A resident stated even having an ordinance may help deter the management company from looking in Dunkirk. Dane County Board Supervisor Bob Salov was in attendance. He stated the law has changed and has given the Counties more say but he has not found authority for Towns. Todd Campbell from Dane County Adult Services was in attendance. In the spring of 2018, the law changed and interjected the County into the process of finding locations for violent sex offenders. According to Wis. Stats. 980, the property cannot be adjacent to the primary resident of a child. Ultimately, placement of a criminal is determined by a judge under the supervised released plan. One resident was concerned about her 10 grandchildren, all of who are under 12, will be in harms’ way. Sheriff Mahoney has stated public safety is done by the Sheriff’s Department and the residents. One resident requested the owners of the property management company be exposed. Supervisor Olson stated it would be nice if the Town did have some power and we will speak with the Town Attorney to determine what action we can take. One resident asked Todd Campbell how long it takes to place someone. Mr. Campbell states once the County identifies a potential property, State Health Services then puts together their supervised release plan and put on the Court’s docket. The residents feel that one house is too many and two in a one mile area is not acceptable. Mr. Campbell stated they request the Sheriff to do a study once an offer on a home has been made. Supervisor Bob Salov stated the Town of Oakland did enact an ordinance, years after the placement, but it did not affect the current placement in their Town. Salov stated the Legislators could amend Wis. Stats. 980 if residents want to lobby. In addition, residents should have an opportunity to speak at any court hearing. The residents requested information on how to find out about any court hearing. Gail provided her contact information to Mr. Campbell to obtain information on the Judge for placements. Supervisor Olson stated he will speak with Attorney Behling regarding enacting an ordinance. (2) Bob Salov provided a County update. The County is committed to building a new jail behind the public safety building downtown. The County purchased some land by Mendota to preserve the land for less run-off into the chain of lakes. (3) Paul Tyler questioned the status of his culvert issue. He has the crop report and will provide it to the Clerk.
6. Clerk's Report: Clerk Huchthausen gave the Clerk’s report, a copy of which is attached and made a part of these minutes. Supervisor Jenks stated a motion to approve the Clerk’s Report. Motion was seconded by Supervisor Olson. Motion carried 2-0.
7. Road Crew: None.
8. Constable Report: (1) Holte spoke with John Bothum regarding an unlicensed vehicle on Ash Lane. Holte spoke with residents about the owner. The vehicle has been moved. (2) He viewed the Knudson/CSF property. Vehicles remain but the matter is in the County’s hands.
9. Plan Commission Report. The Commission had three petitions in front of them and a pre-application conference. Two Petitions were tabled due to lack of attendance of the Petition. The Petition of Justamere Farms was approved unanimously. Wording of the Motion was as follows: Falligant stated a motion to recommend approval to the Town Board Petition No. 2019-11436 on behalf of Justamere Farms for the separation of approximately four acres for a single family residence. Mr. Olson has shown that the driveway length is consistent with the Town Plan and that he has done several perks along the way to the point of this lot to keep the lot as close to the road as possible. The development of this lot will require that this driveway be relocated from the farm lane to the northeast to stay away from the 100 year flood plain delineation. It is the Plan Commission’s understanding that special erosion control permitting will be required to construct that driveway, and will properly divert water from the north to the southeast to preserve the driveway. The Town discussed with Steve the need to ensure that the new driveway will support emergency vehicles and we hold him or the purchaser responsible to abide by that. The roughly 35 wooded acres to the west may or may not be sold with this lot. As a result we have asked for an easement, in the event that it does not, so that if the woods were sold separately there would be access. The Plan Commission also recommends that we review the final CSM for this property and any deed language to confirm the map that has been provided, and that the easement is properly worded. The Plan Commission understands that there is an additional split on this tract of land and it is our understanding Mr. Olson is interested in transferring that development right to the home farm on Highway 138. The Plan Commission has not pursed additional easement for the remaining land for the additional split, given that we do not anticipation that split being executed on this property. In addition, the driveway easement will provide agricultural access to the farm land. Schieldt seconded. Motion carried 4-0.
11. Complaints: None.
12. Unfinished Business:
a. Discussion and necessary action on Brush Site Agreement with
the City of Stoughton. Waiting for the City of Stoughton.
b. Discussion and necessary action County aid for culvert
replacement. We continue to wait for a bid from Mead & Hunt.
c. Discussion and necessary action on Controlled Surface Finishing,
Inc.’s Conditional Use Permit revisions. No information received on the hearing.
13. New Business:
a. Discussion and necessary action on Justamere Farms, Inc.,
Northeast of 325 County Highway N, Stoughton, Dane County Petition No. 2019-11436, rezoning 6.5 acres from FP-35 to RR-4, creating one residential lot. The Plan Commission unanimously recommended approval. It is the Board’s belief the Certified Survey Map needs to be amended. No action taken. The matter will be placed on the next Town Board agenda.
14. Future Agenda Items. None.
15. Adjournment: No further business, Supervisor Jenks stated a motion to adjourn the meeting at 8:15 p.m. Motion was seconded by Supervisor Olson. Motion carried 2-0.
Melanie Huchthausen, Clerk
List of attendees
Copy of Bills
Copy of agenda for July 15, 2019 meeting
Copy of Clerk’s Report