Copyright © 2006 Town of Rutland, Dane County, Wisconsin
Dawn George, Clerk
Webmaster: webmaster@town.rutland.wi.us
Updated: May 27, 2008
RUTLAND BOARD MEETING
May 13, 2008 – 6:30 p.m.
Chairman Beske called the meeting to order. Present were Supervisors Sperle and Shapiro Hurley. Clerk George, Constable Reilly and Treasurer Sime; Absent: Supervisor Lunde.
1. Appearance by Dane Co. Sheriff Dept. representative. Community Deputy Cindy Holmes appeared with the monthly stats report. A complaint about concerns regarding junk and landfill type materials being dumped/stored at a residence on Hwy 138 was discussed and will be referred to Dane Co. Zoning. Beske passed on a complaint about noisy trucks on Lake Kegonsa Rd. It was also noted that a complaint of speeding on Old Stage Rd had been received. Holmes will pass this on to the deputies.
2. Constable Report. Constable Reilly reported no calls for April.
3. Discussion and necessary action on Biglow Road/Hwy 14 water issues. The heavy spring rains in mid April created a flooding problem on Hwy 14 and on Biglow Rd. in front of Larry Farnsworth’s property. This occurred when water accumulated in the pond on the Johnson property (formerly Anderson property) and did not drain south into the Fish and Wildlife land east of Hwy 14 and south of Biglow Rd. Water from Brooklyn also accumulated in King’s Lake and deadended there causing water to accumulate in the land along Hwy 92. On Saturday, April 26th, patrolman Wethal picked up sand bags from Dane Co. and hauled sand to the Farnsworth’s; the Farnsworth’s then filled 300-400 bags and placed the sand bags in front of their home on Biglow Rd. in an effort to keep the water from flooding their home. On Thursday, May 1st, Dane Co., who maintains Hwy 14 for the state, determined they would not be operating the pump they had brought in to pump the water south over the hill into the Baker pond from Thurs. at 4 p.m. until 7 a.m. on Monday morning. The Town obtained a irrigation pump from O’Brien Farms and got it operational on Thursday May 1st and the pump has run around the clock (except for twice daily fuel refills). The pumping will most likely stop on Wednesday morning, May 14th. It is the Town’s understanding that the state will reimburse the town for the fuel, labor, and pump use costs. A joint letter from the Town of Rutland and the Village of Brooklyn to the State Hwy Department is being prepared. The draft was reviewed by the Village of Brooklyn earlier; they suggest that the letter should be more direct in the need for a long-term solution that prevents the water coming from Brooklyn from entering King Lake and the Anderson (Johnson) pond causing deadend lakes. Lloyd Klahn was in attendance and he encouraged the board to push on the state to fix the problems long term. Myron Bacon felt that the letter is going to the wrong end of the totem pole and suggests enlisting the help of our state representatives and having them send the letter to the Secretary of the Department of Transportation. The letter would also be copied to the Fish & Wildlife.
4. Biglow Road reconstruction. Larry Farnsworth was advised that the reconstruction plan for Biglow Rd. would include widening the road as necessary to obtain a 22’ paved surface, putting in a 9” gravel base and then paving the 22’ with a 3” base and surface coat. Two-foot shoulders would also be added as well as ditches for drainage on either side. Since it is low in front of the Farnsworth house, the base course might be more than 9” there. Al Wikum suggested putting larger gravel on the widened areas followed by ¾“gravel for the base course. Beske and Bacon will talk to Patrolman Wethal about this suggestion.
5. Discussion and necessary action on Biglow Rd. reconstruction bidding process. The Town will be requesting bids for the paving only as the patrolmen can most likely pulverize the existing road with the grader. The bid specs will specify that the contract can not be signed until mid-July because of TRIP funding the town will be getting. There may also be language to the effect that if the costs are too high, we may only put on the base course paving and wait until next year to complete the project.
6. Oak Ridge Road Soil Sampling. The Town will proceed with getting soil borings on Oak Ridge Rd. to determine the length and depth of the muck that is under the existing road. If it is too extensive to build a road on, the Board will need to take a look at other alternatives. These alternatives could include making the road a gravel road, not widening the road to town road standards, or making the road a cul-de-sac from Old Stone Rd. It was noted that the Village of Oregon had utilized a floating road on the north end of Burr Oak. Mark Below at the Village will be contacted regarding this possibility.
7. Crack Sealing. Bacon presented a map with the suggested areas for crack sealing. He advised that the cost to do all suggested was more than budgeted and that Crack Sealing would be advised to start with the most urgent and stop when the budgeted funds were used up. Beske thought maybe the project should be bid out.
8. Rutland Cemetery and Church update. Bacon reported letters have been sent to previous donors looking for volunteer help for the fund raisers and restoration and seeking further donations. The restoration committee hopes to complete the outside painting of the church, glaze and paint the restored windows and install them and get bids on restoring the porch. The fundraisers will be food carts at the Memorial Day Horse Show and Summerfest.
9. Appearance by Phil Caravello regarding 2008 Badfish Time Trial Bicycle race proposed for Saturday August 9th. Caravello requested approval of the 15 mile time trial race as was run last year. Resident Al Wikum expressed complete opposition to the race, stating that he felt that it was dangerous and that the roads were for Rutland residents. Motion to approve the 2008 Badfish Time Trial with the previous conditions of submittal of proof of insurance naming the Town of Rutland an additional insured and increased marking along the route by Sperle and Shapiro Hurley; motion carried. Wikum was advised to submit a letter with his concerns for the files which will be considered in the future.
10. Receive Alcohol License applications for action at June Board meeting. Sperle moved accept the renewal and original alcohol license applications, cigarette license application, coin operated machine license application, and operator’s license renewal application from the racetrack and White Rock Bar; motion carried 3-.
11. Discussion and necessary action on Oregon Rotary Bike Ride on May 31st. No town action taken. A copy of the three routes will be forwarded to the Dane Co. Sheriff’s office.
12. Update on program allowing the purchase of weather radios by residents and interested parties. A number of the radios have been sold and we still have radios available for purchase at a cost of $22.68.
13. Report from Planning Commission and any action necessary.
1) Petition 9887 by John Sime to rezone 1.13 acres from A-1 Ex. to R-1A located at 1170 Starr School Rd. (Sec. 12) to create building site for owner of farm.
There are 8 splits remaining on this farm after the requested rezoning. A deed restriction will be placed on the R-1 parcel to limit the number of houses to one. Plan Commission recommends approval of petition 9887 with the deed restriction prohibiting more than one house on the rezoned area.
Motion to accept the Planning Commission recommendation of approval with the deed restriction limiting the rezoned area (postage stamp) to one house by Sperle and Shapiro Hurley; motion carried 3-0.
2) Petition 9854 by Tom Martinson to rezone property from A-1 Ex. and A-2(4) to A-2(4) and A-B with deed restriction prohibiting further residential development on specific parcels, to limit the land use to farm machinery repair on the proposed A-B parcel (no owner’s residence), and to deed restrict the proposed A-2(4) zoning area to prohibit further land divisions of property as amended and adopted by Dane County.
A letter from the Village of Oregon is included in the packet from Dane County. The letter states for the record that the Village’s official map records a 120 foot Right of Way width on County Hwy A and asks that a signature block for the Village be included on the CSM.
The Commission recommends approval of Petition 9854 as amended and adopted by Dane County to the Town Board. Beske will notify Tom Martinson of the Village of Oregon ROW.
Motion to accept the Planning Commission recommendation to re-approve Petition 9854 as amended and adopted by Dane County by Sperle and Shapiro Hurley; motion carried 3-0.
3) Preliminary Certified Survey map for Robert Meyer property.
The Commission recommends approval of preliminary certified survey map 3529.
Motion to accept the Planning Commission recommendation to approve preliminary CSM 3529 by Sperle and Shapiro Hurley; motion carried 3-0.
Referrals from previous meetings and site viewings as necessary.
4) Discussion and consideration of expansion to full number of dogs allowed for Ron and Teri Paltz kennel on Old Stone Rd.
A letter from Steven Nasisse, a neighbor to the Paltz kennel, was read. Mr. Nasisse stated that he has been calling the sheriff’s dept about barking dogs. He also asked why covering the outside runs was not entered as a deed restriction on the conditional use permit. Dawn George had sent a letter in reply letting him know the dates of the planning commission and town board meetings during which the request to expand the number of dogs permitted would be considered. Dale Beske has reviewed the minutes for the meetings at the time that the conditional use permit was discussed: The covering of outdoor pens was suggested as a possible solution should there be noise problems, but was not discussed as a deed restriction.
Ron Paltz stated that the entire premises is video and audio taped continually, so that he can show anyone at any time what the noise level is anywhere on the kennel property. He has had no complaints and only one visit from the sheriff’s office during which no noise was heard and no tickets were issued. He has talked with several of the neighbors prior to this meeting and they all said that they have no noise concerns with the kennel.
Two neighbors appeared: Alan Ciochon and Rhonda Hennessey. Mr. Ciochon said he lives immediately to the south of the kennel and can hear no noise from the operation. He said that dogs from other properties in the neighborhood bark frequently, but from the kennel he hears nothing. Ms. Hennessey said that she had concerns when she learned that the kennel was being built and worried that the noise of barking would be a problem for her. She has seen that there is no noise outside the buildings and has found that the Paltz’s are working hard to be good neighbors.
The Commission recommends to the Town Board modification of the deed restrictions to allow up to 90 dogs and 10 cats effective June 15, 2008.
Motion to accept the Planning Commission recommendation to modify the deed restriction between the Town and the Paltz’s to allow up to 90 dogs and 10 cats effective June 15, 2008; motion carried 3-0. The Town will send a letter to the Paltz’s advising them of this modification to the Deed Restriction. This deed restriction is between the Town and the Paltz’s and does not require Dane County action. Dane Co. previously approved the 90 dogs and 10 cats limits.
5) Report on site viewing regarding possible land swap with Eric Grover/Tom Dyvebik.
The property was viewed on April 3, 2008. The proposal does not change the number of splits that Mr. Grover has, but reconfigures the existing property boundaries through an exchange of land. No concerns were expressed. The Planning commission recommends that the driveway that would exit onto Lake Kegonsa Road be located directly across from the drive of the Noreen Parrett property. Dale Beske reminded Mr. Grover that there may be a per acre fee assessed by Dane County for any A-1 land converted from agricultural use to residential use. Mr. Dyvebik will need to do a CSM when his property boundaries change.
Some discussion ensued regarding Mr. Grover’s plans for the use of the two buildable parcels on Casara Rd. he has remaining. Mr. Grover also had a question about the Land Use Plan resulting from a discussion that he had with Majid Allan at Dane County. Dale Beske will talk to Majid and put the topic on the June agenda if necessary.
No Town Board action.
6) Dane Co. Ordinance Amendment 54, 2007-2008, amending Chapter 10 of the Dane County Code of Ordinances, providing for Town Board consideration of Conditional Use Permits.
The Commission recommends approval of OA54, 2007-2008 to Town Board.
Motion to accept the Planning Commission recommendation to approve OA 54 by Sperle and Shapiro Hurley; motion carried 3-0.
7) Dane County Ordinance Amendment 46, Incorporating Town Plans into County Comprehensive Plans.
The Commission recommends approval of OA 46.
Motion to accept the Planning Commission recommendation to approve OA46 by Sperle and Shapiro Hurley; motion carried 3-0.
14. Consent Agenda:
· Minutes.
· Treasurer’s Report.
· Vouchers and Checks.
Motion to approve the consent agenda by Shapiro Hurley and Sperle; motion carried 3-0.
15. Correspondence.
16. Discussion and necessary action to adopt resolution allowing use of state equipment rates for billing purposes.
Motion to adopt Resolution 2008-05-01 Adopting State DOT Equipment Rates made by Shapiro Hurley, seconded by Sperle; motion carried 3-0.
RESOLUTION 2008-05-01
RESOLUTION TO ADOPT
WI DOT EQUIPMENT RATES
WHEREAS, The Wisconsin Department of Transportation has a schedule of Classified Equipment Rates.
WHEREAS, the Town of Rutland utilizes these rates in calculating the cost of the use of town equipment when Town equipment costs are used for billing and reimbursement purposes.
NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Town Board of the Town of Rutland, Dane County, Wisconsin, that the Town shall use the WI DOT equipment rates for all billing and reimbursement purposes.
ADOPTED this _13th_ day of _May__, 2008.
s/Dale Beske
Dale Beske, Town Chairman
ATTEST: s/Dawn George
Dawn George, Clerk
17. Adjournment. Motion by Sperle, second by Shapiro Hurley, to adjourn the May 2008 Board meeting; motion carried.
Respectfully Submitted,
Dawn George, Clerk
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Copyright © 2006 Town of Rutland, Dane County, Wisconsin Dawn George, Clerk Webmaster: webmaster@town.rutland.wi.us Updated: May 27, 2008 |
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