Call to Order Chairperson Lyle Updike called the regular semi-monthly meeting to order at 7:30 p.m. at the Town Hall, 5556 Twin Lane Road, Marshall, WI. Supervisors Vernon Pogue and Doug Yelk, Clerk Claudia Quick, Treasurer Cindy Yelk, Office Assistant JoAnn Ramsfield, Mary Schuldies, Jiti & Jaek Agarwal, Jessica & John M Blaska, Attorney Tom Hebl, John Poblocki, Tim Lamb, Steve Hansberry, Tom & Kim Viken, and Scott Norton were present.

Statement of Public Notice The chair directed that the minutes show notice of the meeting was published in the March 19, 2009 issue of The Star. Copies were posted on the three town bulletin boards on March 19, 2009.

Pledge of Allegiance Cindy Yelk led the pledge.

Approve Minutes of Prior Meetings Moved by Vernon Pogue second by Doug Yelk, to approve the minutes of the March 9, 2009 Town Board Meeting.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Presentation from the Public: none

Allow Public Comment on Rezone request by HYW TT, LLC (Poblocki Paving) to change zoning to C-2 on property located at 4736 CTH TT: Chair, Lyle Updike stated that the Plan Commission had approved Petition#10023 but the board would hear public comments and take them into consideration before making their final decision. J. Poblocki stated his intentions for the property but did not have a site development plan. The discussion centered on best use of the property. The town residents’ concerns are the wildlife habitat impact, toxic spills and run off, plus curbside appeal of the parcel at this busy intersection.

Consider and Take Action re Petition # 10023 by HWY TT, LLC to change zoning to C-2 to allow paving contractor equipment at 4736 CTH TT: After an in depth discussion, Doug Yelk moved, second by Vernon Pogue, to take no action but to explore options and continue discussions.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

After a five minute stretch break, Lyle asked for the order of the agenda be amended and moved to items 12 – 13.

Public Hearing on Regulating the Sale of Alcohol Ordinance: Attorney M Hazelbaker submitted a revised draft ordinance. Copies were distributed to those attending the meeting. Doug Yelk stated that there was a need to update the towns’ ordinances; this is a draft and would like to open dialog with the business owner/operators. The board listened to the comments and concerns of Jessica Blaska (The Oaks), Jiti Agarwal (Citgo), attorney Tom Hebl (Citgo), and Steve Hansberry.

Adoption of Regulating the Sale of Alcohol Ordinance: After an in depth discussion, Doug Yelk moved, second by Vernon Pogue, to take no action. Owner/Operators will be emailed a copy of the draft ordinance which they can make comments on. Adoption of Regulating the Sale of Alcohol Ordinance will be on the April 27^th meeting agenda. The board will review new comments before final action is taken.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Repeal of Ordinances 56-1; 83-1; 80-2; 72-2; 91-1 relating to Alcohol: no action taken.

Public Hearing on Fire Prevention Code Ordinance: Postponed

Adoption of Fire Prevention Code Ordinance: Doug Yelk moved, second by Vernon Pogue, to take no action.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Public Hearing on Solid Waste Disposal Ordinance: A letter from Attorney M. Hazelbaker was reviewed.

Adoption of Solid Waste Disposal Ordinance: Doug Yelk moved, second by Vernon Pogue, not to adopt Solid Waste Disposal Ordinance following the recommendations stated in the letter from Attorney M. Hazelbaker.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Approval of Operators Licenses: Doug Yelk moved, second by Vernon Pogue, to approve Operators License for Mary Schuldies and Balkar Singh employed by Citgo.

Consider and Take Action re: position on ATC Powerline Proposal: Doug Yelk moved, second by Vernon Pogue, The Town of Sun Prairie in Dane County recommends that the Dane County Towns Association take the following positions on the Rockdale – Middleton power line:

1. Necessity – A.
2. Rural versus Urban Route – A.
3. Undergrounding – C.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Consider and Take Action re: EMS Joint Municipal Agreement: Nothing new to report, no action was taken.

Consider and Take Action re: EMS Arbitration. No action was taken.

Audit and Pay Bills: The Board reviewed the list of invoices for second half of March. Moved by Vernon Pogue, second by Doug Yelk to pay the bills

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Audit of 2008 Financial Books of the Clerk and Treasurer: The books of the Clerk and Treasurer were presented for consideration and audit. Year end reconciliation shows December 31, 2008 general fund cash balance of $215,156.96 and the capital fund amount of $120,730.00. The Town’s escrow account has a balance of $44,563.70 and the park fund balance is $91,749.69. Total amount in Town Accounts is $472,200.35. The Board members signed each book, acknowledging the audit and balancing of the books. Following is the audit report.

We, the undersigned Town Board of Sun Prairie having examined the records of the Town Clerk and the Town Treasurer and finding them to be true and correct, do hereby approve said records.

Email communication from Brett Hulsey to use the town hall April 9 to talk to farmers interested in Switch Grass Biomass Buffers.

Open Book (June 23) and Board of Review (July 28)

Fire Prevention Ordinance

Handout – WI Dept. of Revenue, Bureau of Equalization, Major Class Comparison for 2008.

Set Next Meeting Date/Adjournment. The next meeting date was set for April 13, 2009, at 7:30 p.m. The annual meeting is Wednesday, April 8 at 7:30 p.m. Moved by Doug Yelk, second by Vernon Pogue to adjourn the meeting at 10:30 p.m.

Voting AYE: Updike, Pogue, and Yelk

Voting Nay: none

Absent: none

Motion carried

Correct Attest,

Claudia J. Quick, Clerk