April 2008 BOARD Minutes

DRAFT

TOWN OF RUTLAND BOARD MEETING

April 7, 2008 – 6:30 p.m.

Chairman Dale Beske called the meeting to order. Also present were Supervisors Sperle, Shapiro Hurley, Lunde, Clerk George, Treasurer Sime, and Constable Reilly; absent: none.

1. Appearance by Dane Co. Sheriff Dept. representative. Deputy Eric Stacey appeared with the monthly stats report. The Board members noted that there are some areas of the town where trash is being dumped along the roads.

2. Constable Report. The Constable had no reports for March.

3. Appearance by Sara Kwitek, WDNR, regarding Dane County Conservation Fund Grant Program. Ms. Kwitek spoke of the Dane County Conservation Fund Grants as well as some of the other programs available from the Office of Lakes and Watersheds. The Parks & Open Space program identifies areas for preservation. Different programs are available for cost sharing for the stabilization of streambanks. She also noted on a map she brought along a conceptual plan for a bike trail along Rutland Dunn Townline road.

4. Dan Nipple regarding fireworks permit. Dan Nipple’s son and neighbor, Marcel Thoma, were in attendance regarding this matter. Thoma said the neighbors have no problem with Nipple having the fireworks permit. There was some question as to whether the Town can issue a permit to an individual, but based on 167.10(3)(c)(6), Wis. Stats., which indicates that a permit may be issued to “ Any individual or group of individuals”, Sperle moved, Shapiro Hurley seconded, to approve the issuance of a fireworks permit to Dan Nipple for the purchase of fireworks, effective immediately, and to permit the fireworks to be used on June 21, 2008 (June 22, 2008 raindate; motion carried. The usual proof of insurance will be required.

5. Discussion on possible future natural gas conversion. No action taken.

6. Hwy 51 update. Laura and Peter Burno were in attendance to obtain information on this matter. Beske reported that the relocation of Hwy 51 west of the existing Hwy 51 (west of car dealers) has been dismissed as not beneficial enough to justify the cost. Beske also reported that Adam Clayton is no longer at DOT and his replacement is planning on addressing the coordination of the Hwy 138 options as there appears to be two different considerations on each end of Hwy 138. Mayor Helen Johnson has indicated that she will keep reminding the new representative at DOT about the promised traffic light that is supposedly planned for the Roby Rd./Deer Point/Hwy 51 intersection. There may be a public meeting in June. Burno expressed his opinion that Hwy 51 should be four lanes all the way. The Burno’s indicated that the town road patrolmen had done a fine job of snow removal this winter on Veek Rd.

7. Ron and Teri Paltz appeared to request extended Saturday hours for dog wash benefit for Humane Society. The Board approved Paltz’s request to extend the Saturday hours by a few hours for the dog wash benefit being planned. The Paltz’s also noted that the one-year anniversary of their kennel will occur on June 15^th. The Board had approved a limit of 45 dogs for the first year when it will be reconsidered. The county approval allowed up to 90 dogs. The matter will be addressed at the May Planning Commission meeting.

8. Update on program allowing the purchase of weather radios by residents and interested parties. The radios have arrived and are available for purchase at a cost of $22.68 per radio.

9. Shapiro Hurley moved to adjourn to closed session pursuant to 19.85(1)(c), Wis. Stats. regarding the Collection Center attendant position; seconded by Lunde; roll call vote was unanimous to adjourn to closed session. Shapiro Hurley moved to reconvene into open session pursuant to 19.85(2) to complete agenda; seconded by Lunde; motion carried on unanimous roll call vote. Shapiro Hurley moved to offer the collection center attendant position to both Susan Simonson and Harley Stokstad on an alternating Saturday basis; seconded by Lunde; motion carried. Randy Beard will be advised that his name will be kept on file as a substitute when one of the attendants is unable to be there.

10. Report from Planning Commission and any action necessary.

1) Petition 9869 by Tim and Chris Properties LLC to rezone 2 acres from A-1 Ex. to RH-1 and 9.23 acres from A-1 Ex. to A-2(8) located at 3912 Old Stone Rd. (Sec. 22) to create two residential lots (one residence and buildings existing). Preliminary CSM for same.—Lot 1, the shed is in road right away. Further improvements are limited to half of the value of the existing shed. There are no splits left on lot 1. Lot 2 is zoned A-2 with a township side agreement that are no more conditional use permits without written approval from the town board. The Commission recommended approval of the petition and #080510 preliminary certified survey map.

Shapiro Hurley moved to accept the Planning Commission recommendation to approve

Petition 9869 with a side agreement (on the A-2 zoned lot) prohibiting conditional use

permits without written town board approval and approval of the preliminary CSM

contingent upon clarification of the limit of the road right-of-way to the center of the road

or to the edge of the road; seconded by Lunde; motion carried.

Referrals from previous meetings and site viewings as necessary.

2) Site Visit of John Sime property regarding possible rezone to accommodate expansion. Clarification of splits available for John and Bruce Sime properties.— Site Visit of John Sime property regarding possible rezone to accommodate expansion. Clarification of splits available for John and Bruce Sime properties.—The property was viewed on March 10, 2008. The site for the home and driveway were approved. R-1 zoning applied for. The rezoned parcel will be deed restriction to allow for only one house. Beginning with 10 splits, one used for petition 8334 and one will be used for this petition 9887, leaving 8 splits available for Sime property.

Petition 9887 will be on the May agenda. It was noted that the 10 splits referenced at the Planning Commission meeting include the 70 acres purchased by Bruce Sime from Ralph Nelson which have no history of development. It was further noted that the 49.952 acres purchased by Bruce and Kim Sime from Eric Grover have no splits assigned to them and the land is for farmland only.

Appearances for preliminary inquiries and information.

3) Joe Eugster, agent for Bullsi LLC to remove the postage stamp rezone and create a CSM for building site closer to Old Stone Rd. on former Elvekrog property.—applying for a RH-2, 7-7.5 acres. Driveway stays at proposed site. Deed restriction for no further development. Consensus approval. No Board action.

4) Eric Grover-discussion on status of TDR procedures.—No PC or Board action taken.

5) Eric Grover regarding possible land swaps with Tom Dybevik—would like to swap 5 acres south of Dybevik buildings to Grover. With 5 acres east of Dybevik Buildings from Grover. No action taken. Site viewing 5:30 Thursday April 3. No Board action.

6) Mark Barnes regarding inquiry as to possible landscape business at 4645 Hwy 138. –The property is zoned RE-1, would need to be zoned to C-2. The township’s comprehension plan states no commercial zoning along Hwy 138. No PC or Board action taken.

Action on the following petitions as amended and adopted by Dane County:

7) Pet. 9837 for Robert Meyer property to change the petition from RH-1 to A-2(2). Lunde moved, Shapiro Hurley seconded to approve Petition 9837 as amended and adopted by Dane County; motion carried unanimously.

8) Petition 9839 for Les Swanson property with deed restriction on remaining A-1 Ex. parcels, 0510-082-8500, 0510-083-8500 and 0510-082-9060, to prohibit further residential development. Shapiro Hurley moved, seconded by Sperle, to approve Petition 9839 as amended and adopted by Dane County; motion carried unanimously.

11. Consent Agenda:

Minutes.
Treasurer’s Report.
Vouchers and Checks.

Shapiro Hurley moved, Sperle seconded to approve the consent agenda; motion carried.

12. Correspondence.

CARPC Letters of Interest. No Board action.
Beske reported working on a resident complaint regarding water in basement thought by the resident to be caused by the culvert on Gallagher Lane. Beske and Patrolman Wethal have investigated the matter and feel that it is likely that it may be a problem with the drainage ditches than the culvert.
The Clerk was advised to contact Steve Small, Strand Associates, regarding setting up the appointments for the April private well testing.

13. Discussion and necessary action on Biglow Rd. reconstruction bidding process. Shapiro Hurley moved, Sperle seconded, to try submitting our own bids for this 2009 TRIP funded project instead of piggy-backing with the county; motion carried.

14. Discussion and necessary action on Sunrise Rd. Bridge. The county estimate was $36,000, meaning that this project will have to be deferred until money can be budgeted. The Clerk was advised to check with Pam Dunphy to see if the repairs to the bridge would be eligible for Bridge Aid.

15. Brooklyn Fire Truck Purchase report. Lunde reported that a decision on the fire truck purchase would most likely be made at the meeting on Wednesday night.

16. Discussion and necessary action on contract for administrative work – Oregon Fire/EMS. Shapiro Hurley moved to express support for the Oregon EMS/Fire Board to hire someone to complete the administrative work for the district; seconded by Sperle; motion carried.

17. Regional EMS report. The report came out, and because of the way that Fire and EMS operations are intertwined in some districts, it will be difficult to do the consolidation of just EMS. If the boards did pursue it, the main thing would be functional purchasing and training.

18. Mass transit report. No action taken.

19. Renewal Energy Seminar. No action taken.

20. Stoughton School Initiative. No Board action taken.

21. Because of conflicts, the May meetings will be moved to May 12^th for the Planning Commission and May 13^th for the Board.

22. Discussion held on road conditions and the repairs needed as a result of the winter. The Patrolmen have been working on patching pot holes.

23. Adjournment. Shapiro Hurley moved to adjourn the April 2008 Board meeting; seconded by Lunde; motion carried.

Respectfully Submitted,

Dawn George, Clerk