The Town Board of the Town of Sun Prairie met on Monday, May 9, 2005 at 7:30 P.M. at the Town Hall, 5556 Twin Lane Road, Marshall, Wisconsin.

Call to Order The meeting was called to order at 7:30 P.M. by chairperson Lyle Updike. Supervisor Vernon Pogue and Doug Yelk, clerk Claudia Quick, deputy clerk Joan Rademacher and highway patrolman Dennis Farrell were present. Three additional people attended the meeting.

Statement of Public Notice The chair directed that the minutes show notice of the Town Board meeting was published in the May 5, 2005 issue of the Star and a copy was faxed to the Capital Times. Copies were also posted on the three town bulletin boards on May 6, 2005.

Pledge of Allegiance Doug Yelk led the Pledge of Allegiance.

Approve Minutes of Prior Meeting Moved by Vernon Pogue, second by Doug Yelk to approve the minutes as presented from the April 25, 2005 meeting.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Presentation from the Public None

Report on Town Roads Dennis Farrell reported that the new truck is performing well and he is very satisfied with it.

Open and Award Sealed Bids for sale of 1988 Truck Chairman Updike opened the bids for the 1988 truck. Moved by Vernon Pogue, second by Doug Yelk to accept bid from Rice Grading of $3080.00.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Open Bids for 2005 Highway Projects Chairman Updike opened the bids for 2005 highway projects. After considerable discussion it was moved by Doug Yelk, second by Vernon Pogue to accept road bid for both Burke Road and JB Farm Road from Payne & Dolan based on our demonstrated experience working with the contractor.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried with a unanimous vote.

Public Comment and Final Adoption of Amendments to "Ordinance to Establish a Conservation Easement Program" Chairman Updike reviewed the procedure to establish a conservation easement when there is a rezone of land to build a residence. A letter was received from the Michael Best law firm, representing the Madison Area Builders Association, regarding the conservation easement program. They advised, "that the adoption and enforcement of this Section 4.c. constitutes an illegal exaction and is in direct violation of the Takings and Equal Protection clauses of both the United States and Wisconsin constitutions." Consensus of the Board is to forward this letter and a copy of the draft ordinance to Attorney Mark Hazelbaker for his opinion and to also follow up with Attorney Rick Stadelman with the Wisconsin Towns Association for his opinion.

The Board discussed various strategies in regards to establishing these conservation easements. The Town needs to explore alternatives to stating a conservation easement is a condition or requirement of a rezone. Chairman Updike discussed the following strategies:

1. A monetary compensation versus setting aside the land for a conservation easement
2. To grant preference in the review but not a requirement for approval if someone is willing to provide for an easement.
3. Assess a fee for open space preservation that would be compatible with the mission of the Land Trust Commission and waive the fee if an easement is dedicated. Then this money would be used to:

• Purchase an easement in a target area;
• Actual land purchases; or
• Petitioner could provide an easement voluntarily and then the fee would be waived.

After discussion Chairman Updike asked, "Do we want to defend the current ordinance or find alternatives?"

Consider Final Adoption of Amendments to "Ordinance to Establish a Conservation Easement Program" Consensus of the Board is to look at the conservation easement ordinance strategically and therefore affirmatively offer a defense against the threat of annexation and to do so visibly to our municipal neighbors. This agenda item is deferred until the Town hears back from Attorney Mark Hazelbaker.

Consider and Take Action re: Petition #9165 as amended with deed restriction by the Town and Dane County Item deferred as we have received no paperwork from Dane County.

Consider and Take Action re: EMS Joint Municipal Agreement Moved by Vernon Pogue, second by Doug Yelk to approve the EMS Joint Municipal Agreement.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Consider and Take Action re: Joint Agreement for Maintaining and Operating the Marshall Area Public Safety Building Moved by Vernon Pogue, second by Doug Yelk to approve the Joint Agreement for Maintaining and Operating the Marshall Area Pubic Safety Building.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Audit and Pay Bills The Board reviewed the invoice payments and Vernon Pogue made the motion, second by Doug Yelk to approve payment.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: Pogue

Motion carried.

Old Business/New Business

1. Received papers from the City of Sun Prairie regarding annexation request for the ClarMar property in Section 18.
2. Noxious weed notice was published in The Star and posted on the Town bulletin boards.
3. Open book has been set for May 26, 2005 from 1:00-4:00 p.m. and Board of Review on June 13, 2005 from 5:00-7:00 p.m.

Correspondence

1. Chairman Updike, Chairman Derr from the Town of Bristol and Pat Duffy met on May 4, 2005 to discuss Twin Lane Road. Discussion centered on the rebuilding of Twin Lane Road and that it is tentatively on the Town of Sun Prairie’s road project list for 2008. Chairman Derr said he would check with the County Executive’s office and set up a meeting with someone from that office, himself, Chairman Updike, Pat Duffy and the Highway Commissioner to see if there is any interest in a road swap with CTH VV and if transportation related grant funds are available for the rebuilding of Twin Lane Road.
2. Lyle Updike reported on the Fire Commission Meeting he attended. Several issues were discussed in closed session and will be meeting again with representatives of the EMS and Fire Department.

Set Next Meeting Date/Adjournment The next Town Board meeting was set for Monday, May 23, 2005 at 7:30 P.M. Moved by Doug Yelk, second by Vernon Pogue to adjourn the meeting. The chairman declared the meeting adjourned at 10:25 P.M.

Voting AYE: Updike, Pogue and Yelk

Voting NAY: None

Absent: None

Motion carried.

Correct Attest,

Joan M. Rademacher

Deputy Clerk