BOARD MEETING

RUTLAND BOARD MEETING

March 4, 2008 – 6:30 p.m.

Chairman Dale Beske called the meeting to order. Present: Beske, Supervisors Shapiro Hurley; Sperle, and Lunde, Clerk George, Treasurer Sime and Constable Reilly.

1. Appearance by Dane Co. Sheriff Dept. representative. Community Deputy Cindy Holmes and Lt. Dan Bolch appeared and presented the monthly stats.

2. Constable Report. Constable Reilly had no reports.

3. Appearance by Sara Kwitek, regarding Dane County Conservation Fund Grant Program. Ms. Kwitek did not appear. (Note; we learned later she got lost, and rescheduled her for the April meeting.)

4. 2008 Racetrack Schedule and annual license. The revised schedule was reviewed as well as the racetrack license application. Sperle moved, Shapiro Hurley seconded, to approve the schedule and authorize the clerk to issue the license and to waive the daily $50 fee; motion carried. Dave Grueneberg was reminded that the insurance certificate is due to the clerk within 30 days, that the town needs to be named as an additional insured and that all necessary fireworks coverage needs to be included with the insurance certificate or separate insurance. The Board also asked that monthly reports be submitted to the clerk prior to each Board meeting and that those reports include camping where applicable. Dane Co. Sheriff’s Deputy Cindy Holmes reported that the department has a good working relationship with the track and doesn’t anticipate any change.

5. Operator’s License application for Joe Eugster. The application for an Operator’s License for Joe Eugster was received and reviewed. Eugster has completed the required Beverage Server’s Course. Shapiro Hurley moved, Sperle seconded, to approve the issuance of an Operator’s License for Joe Eugster which will be in effect until June 30, 2008; this is the statutory date for the annual renewal of all Operator’s Licenses; motion carried.

6. Discussion on possible future natural gas conversion. Paul Proctor appeared and reported on the status of his project to get natural gas from CTH A to his residence. He reported that there are 10 homes along that stretch and it would be necessary for seven homes and the town hall to make the switch to natural gas feasible. One of the 10 homes already has natural gas, one is all electric and one uses fuel oil so they are probably not viable candidates. There should be no cost to the town to switch if enough homes would switch except to make the conversion of the three heaters used in the town hall, garage and shop. Proctor will try to obtain prices for converting the three heaters as well as the cost of replacing the existing heaters. The exact age of the existing heaters is not known, but it is thought that they are pretty old and most likely not too efficient. If the conversion becomes a reality, the town will need to work with the engineers at Alliant regarding boring under the road and repairing any land disturbance. Some discussion held regarding separate meters for the buildings. It was determined that one meter would be used.

7. Consideration of and agreement approval to allow the purchase of weather radios by residents and interested parties. Sperle moved, Shapiro Hurley seconded, to approve the participation of Rutland in the weather radio sale; motion carried. The agreement was executed and the clerk will proceed with advising Dane Co. Emergency Management of this decision and work with them to estimate how many radios we might sell.

8. Report from Planning Commission and any action necessary.

·Petition 9854 by Tom Martinson to rezone 1.26 acres and 0.09 acres from A-1 Ex. to A-2(4) and from A-2(4) to A-B located at 4614 County Rd. A (Sec. 18) to add on to an existing A-B parcel to straighten out the lot line, and to separate the existing house and buildings from the balance of the farm. Verify existing CUP for excavating business. Preliminary CSM for same.

Plan Commission: The existing CUP will remain in effect if the ZLR Committee has no problem with it. The Commission recommended approval of Petition 9854, and approval of the preliminary CSM pending clarification of the lot line. Is it to the center of CTH A or to the edge of the road right-of-way?

Board: Shapiro Hurley moved, Lunde seconded, to accept the Planning Commission recommendation to approve Petition 9854 and the preliminary CSM with clarification on the lot line along the road; motion carried. Martinson will have the surveyor clarify the right-of-way issue on the preliminary CSM when the CSM goes to the town engineer.

Referrals from previous meetings and site viewings as necessary.

· Petition 9837 by Duane Swalheim, agent for Robert Meyer, to rezone approximately 3.7 acres located at 3956 State Hwy 138, (Sec. 04), from A-1 Ex. to RH-1 to separate existing residence and farm buildings from the farm.

Planning Commission: The square footage of the buildings is too great for the proposed RH-1 zoning. (County figured 23,000 sq. on 3.67 acres– needs to get down to 16,000 sq. ft. or increase lot size). Possibly will need to be rezoned to A-2(2). The commission recommended to the town board that Petition 9837 be modified to A-2(2) and to include a side agreement for no applications for conditional use permits without written approval from the Town Board.

Board: Motion and second by Sperle and Shapiro Hurley to accept the recommendation of the Commission to amend Petition 9837 to A-2(2) with a side agreement between the town and Meyer that no CUP’s will be applied for without written town board approval; motion carried. It was also noted that the county has computed the acreage of the Meyer holdings as 282 acres which allows 8 splits or 9 homesites. As there is one existing home, the property is still entitled to 7 splits or 8 additional homesites.

· Petition 9839 by Leslie Swanson to rezone 2.09 acres located south of 4432 State Hwy 138 (Sec. 08) from A-1 Ex. to RH-1 to create a residential building site.

Planning Commission: The 1978 map showed approximately 23 acres of Swanson’s farm was part of the Lockwood farm. The second lot on the Mooney farm will be transferred to the Lockwood farm as of 1978 to allow Swanson to build his house. There will be one homesite remaining after the proposed house is built. The commission recommended approval of Petition 9839 and the transfer of the split.

Board: Two R-1 parcels were created in 1979 on the Mooney property with one homesite developed. The remaining homesite that the Mooney property is eligible for is being transferred to the portion of the property that was formerly the Lockwood property. The other R-1 parcel created in 1979 does not contain a home at this time. Motion to accept the Planning Commission recommendation to approve Petition 9839 as state above by Shapiro Hurley, seconded by Sperle; motion carried.

· Three Gaits Horse Show July 4 and 5.

Planning Commission: The horse show was approved as a trial run for this year. Conditions (for camping) will be the same as for the racetrack: no amplified sound, no alcohol, no campfires. If all goes well and they want another (2-day) show next year, they must come back for approval. The Commission recommended approval.

Board: Sperle moved, Shapiro Hurley seconded, to accept the Planning Commission Recommendation to approve a one year trial of a two-day event with camping on Friday night; motion carried.

Appearances for preliminary inquiries and information.

· Bruce Sime regarding possible rezone to accommodate expansion for parents. John Sime’s splits on the property he owned as of 1978 were totaled at 8. One has already been taken; after this proposed split, six splits will remain. Some of the land owned by John Sime in 1978 is now owned by Bruce Sime. Bruce Sime also owns some property that has not been factored in. The commission will be reviewing all property owned by Bruce and John Sime to make an accurate determination of the splits available on the Sime properties. The property will be viewed at 5:30 p.m. on Monday, March 10^th.

· Request from John Lutz for driveway permit to access proposed arena building at 672 Oak Ridge Rd. The Commission recommended approving the driveway in the location proposed. The Commission felt there was no need to view the property. Patrolman Nels Wethal will determine any specific driveway needs when the driveway permit is issued.

9. Consent Agenda:

Minutes.
Treasurer’s Report. The Board moved to not refund any tax overpayments under $2.00 on motion and second by Shapiro Hurley and Lunde; motion carried. This will be in effect for the 2008 taxes and will be noted in the Treasurer’s newsletter.
Vouchers and Checks. The check for the land purchase will be revised to reflect that the interest is being paid from August 1 to April 1.

Shapiro Hurley moved to approve the consent agenda with the above noted actions; seconded by Sperle; motion carried.

10. Correspondence.

Letter received indicating that Charter has applied for a state franchise.
An inquiry has been received regarding town ordinances limiting the number of cats allowed and requesting a letter on Town letterhead indicating that the town has no ordinance in effect that limits the number of cats a property owner can have. The chairman will draft a letter after talking to the town attorney pointing out possible limitations that may come into play such as set backs from adjoining properties and the nuisance factor.

11. 2008 Bridge Inspections contract. Shapiro Hurley moved, Lunde seconded, to approve the contract with Dane County for the 2008 Bridge Inspections at a cost of no more than $600; motion carried.

12. Spring Road Inspection and Dane Co. Hwy Rd. Maintenance meeting March 19^th. The Town will complete their own spring road inspection and the Board was advised of the open house meeting.

13. Oregon Fire EMS meeting April 9. Sperle will attend the meeting in place of Beske who will be unable to attend.

14. Brooklyn Fire Truck Purchase. Several meetings have been scheduled to meet with the companies who have submitted bids for the new fire truck; one or more board members will be attending these meetings. They will find out how the truck purchased will be financed.

15. ATC update. No Board action on this item.

16. Reports of meetings attended by the Board as necessary. Beske reported on the Badfish Creek meeting.

17. Adjournment of the March 2008 Board meeting on motion and second by Sperle and Shapiro Hurley; motion carried.

Respectfully Submitted,

Dawn George, Clerk