DRAFT until approved by Board

 

BOARD MEETING MINUTES

August 4, 2009 – 6:30 p.m. 

                                                                       

Chairman Beske called the meeting to order.  Present:  Chairman Beske, Supervisors Shapiro Hurley, Sperle, Lunde, Clerk George, Treasurer Sime, Constable Hillestad.  Also in attendance were Deputy Eric Stacey, Kathy Andrusz, Jon and Susie Forde and Dan Furseth                                                                                                                              

1.      Appearance by Dane Co. Sheriff Dept. representative.  Deputy Stacey presented the monthly stats report.  Discussion was held regarding neighbor disputes, vehicle racing and various other concerns.

 

2.      Constable Report.  Constable Hillestad had no calls to report but advised that he had contacted Michels Construction regarding the speed of the trucks on Old Stage Rd. and N. Union Rd. and it seems that there is some improvement.

 

3.      Appearance by Kathy Andrusz, Public Health for Madison & Dane County regarding opportunity for residential water testing program.  The Department of Public Health for Madison and Dane County is conducting a test of the County’s Automated Phone Notification System (Reverse 911) in the Town of Rutland.  As part of this test, Public health is offering the opportunity for residents to test their well water for nitrates and bacteria for $18 (half the usual cost).   

The Board agreed to the distribution of the kits at the collection center on September 12^th and September 19^th and giving persons unable to pick them up on those two dates the opportunity to obtain them from the Clerk or Treasurer. 

The completed samples could be delivered to the town hall on September 22^nd from 7 am until 11 am. Staff members from Public Health would pick them up for processing.  Results would be mailed directly to the property owner/resident.  Ms. Andrusz and the town clerk will work on flyers explaining this project that will be distributed at the collection center in advance as well as being posted at the town hall and on the website.

 

4.      Gallagher Lane culvert status.  Jon and Susie Forde and Dan Furseth were present for the status report on this issue.  Beske explained that this had been a rather complex issue over the last month or two.  Beske reported that they had met at the site with Seth McClure, the state drainage engineer with DATCP, who was able to confirm old documentation provided by Jeremy Balousek, Dane Co Land Conservation and determine the boundaries of the Lower Badfish Drainage district.  The Forde property and some or all of the Gallagher, Furseth and Spersatd properties were included.  Copies of these documents were previously provided to the Fordes and Furseths, and a copy is on file at the Town.  This drainage district was formed by court order in 1916 and legally dissolved by court order in 1945.  Some of the maps found showed a grade of 8’ per mile which is just about flat.  The tile line that was originally constructed was 8’ below the surface, but no benchmark has been found.  After Beske, the Fordes, and the Furseth’s met with the state engineer on July 17^th, he concluded that Sec. 88.82(6) and 88.90, Wis. Stats. apply.  These sections allow persons having drainage in the old district to be able to maintain downhill flow in the whole section.  Beske had talked to the town attorney and his feeling was that the town has the right to set culverts at an elevation where it’s not reasonably expected to cause flooding on either side of the culvert.  Cleanout under these sections would involve a claim made to the Town Board and the Town Board making a decision in the matter. 

 

Mike Halsted, WDNR, viewed the culvert today looking for conservation issues.  His opinion was that the town probably should have done a Trans. 207 evaluation which looks at whether or not the culvert is on a navigable stream.  After he had looked at the culvert, his evaluation was that the town had set the culvert appropriately.  He felt that the area to the west of the culvert could possibly be considered a navigable stream, but that the area to the east of the culvert (upstream) probably wouldn’t.  Halsted also felt that the banks would be more stable if they were seeded. This would be a property owner matter and not the town’s responsibility. A baseline would be used to differentiate between what is maintenance and what is improvement.  At one time, the tile line ran all the way to the Badfish but at some unknown time, the area between where the tile ends now and the Badfish was converted to a ditch.  Halsted suggested determining the current elevation of the culvert and using that as a baseline to maintain to, and if something happened that would indicate that the 100 yr. flood is not well served by the culvert, the town might have to replace it.  Although Halsted felt the culvert was placed appropriately now, if a whole study had been done, the culvert might have been a couple of inches lower and bigger.  The Forde’s have recently cleaned out a section of the ditch adjacent to the culvert and although there is some silt in the bottom of the culvert, the water is not standing in the bottom of the culvert.  After further discussion, it was determined that both the Forde’s and Furseth accept that the culvert is okay where it currently is, although Furseth feels that the culvert is even with the his tile and not lower.  Beske felt that determining the baseline based on the current location of the culvert and using that as a clean-out point until it is determined by some other action that it is necessary to move the culvert is a reasonable thing to do.   It was suggested that the Town Clerk and Town Board and all parties be notified when further cleaning, maintenance or improvement is needed.

 

It will be necessary to research how to establish baseline.  Plus, the ditch banks along the ditch to the east side of the culvert should be seeded by the owners.

 

5.      Racetrack monthly report and schedule change adding August 29^th and changing championship races to September 4^th.  Grueneberg was not able to attend the meeting, but submitted the monthly race report and requested that August 30^th be put on the schedule as a rain date for August 29^th.  Sperle moved, Lunde seconded, to approve revising the schedule to add a race date on August 29^th, a raindate on August 30^th and changing the track championship to September 4^th.

 

6.      Oak Ridge Rd. re-construction status.  The road has been dug up, the fabric mesh has been placed and the patrolmen are starting to haul gravel.  The culverts on the driveways will be placed as the residents have agreed to pay for the culverts.  It is anticipated that the double sealcoating will be done within the next month.

 

7.      Rutland Cemetery/Church status.  A letter is being sent by the Church committee seeking donations toward the further restoration of the interior of the church.  The pews have been removed and the interior plaster will be removed.  The 2009 interior restoration plan is to reinforce the roof trusses, install wiring for lighting and heaters and insulate the walls.  Once that is completed, they can begin work on refinishing the original woodwork and pews.

 

8.      Report from Planning Commission and any action necessary.

 1)  Site viewings from July: 

a) Darlynn Hoare at 161 N Union:  Needs a 15  x 24 foot culvert with endwalls.  Drive would be near south property line, lined up with fence posts for easy construction of gate.  The Plan Commission felt it was reasonable to charge the $50 permit fee and $125 viewing fee, as it is a new drive.  She may not do the driveway immediately.  Permit should be restricted to ag use only.

b) C. Anthony Crook at 974 Johnson:  The location of a drain field makes it impossible to get to the shed from the existing driveway.  Since it is a cul de sac, traffic should not be a concern.  PC agreed to a drive coming off the south side of cul de sac, about 90 degrees back from current driveway.   Culvert should be 18 inches by 24 feet with endwalls.   Nels will issue permit and pick up check for viewing fee and permit fee.

 

2)  Clarification of Joe Eugster’s splits.  Joe Eugster originally had 8 splits which would allow 9 homesites.  The addition of a home site from the Shiner property (April 2005) brought the total number of homesites to ten.  The Eugster home counts as one homesite and the CSM 11670 created 3 homesites.  These total four leaving six homesites.  In petition 10070, Joe Eugster, agent for Mel Shotliff, 6.8 acres located north of 358 Lake Kegonsa Rd. (Sec. 26) was rezoned from A-1 Ex. to RH-2 to create a residential lot with a homesite.  The property covered by Petition 10070 had no homesites remaining so this rezone will entail the transfer of one homesite from the Joe Eugster property.  This would bring the total remaining homesites that Joe Eugster is eligible for down to five (5).

 

      3)  Tim Kotlowski appeared regarding an increase of the acreage on one of the lots he created on Old Stone Rd.  and inquiring about       construction of   a pole shed on the gravel pit property on Center Rd.  These matters will be placed on the agenda of the Sept. planning       commission agenda which will be held on August 31^st.

 

      4) Sub. 1 to Ordinance Amendment 1, 2009-2010 regarding permitted signage as amended and adopted by Dane County.  The Commission

      recommended the Board approve Sub. 1 to Ordinance Amendment 1, 2009-2010 as amended and adopted by Dane County.  Shapiro Hurley       would like to have town approval on lighted signs before given an approval.  One thing that the Dane Co. Board did in amending the Ordinance

      Amendment was to allow lighted  signs. 

      Lunde moved, Shapiro Hurley seconded, to approve Sub. 1 to Ordinance Amendment 1, 2009-2010 as amended and adopted by Dane County;

      motion carried 4-0.  The town will pursue a way to control lighted signs by possibly adopting it’s own sign ordinance.

 

     5)  Discussion and necessary action on DCTA information on subdivisions as proposed by Dane Co. Ordinance amendments.  The Planning      Commission agreed to watch this issue as it develops for voting in the future.  No other action was taken.

 

     6)  Flood Storage Districts.  Information was received today from Dane Co. Zoning Administrator on the proposed adoption of Flood Storage      District Maps required by WDNR.  After a brief review of the information received, it was determined that a detailed map (#8) should be obtained      for review.  It appears that the Town of Rutland is contained in map #8.

 

9.   Consent Agenda:

·         Minutes.

·         Treasurer’s Report.

·         Budget Status Review.

·         Vouchers and Checks.

The consent agenda was approved on motion and second by Shapiro Hurley and Sperle; motion carried 4-0.

 

10.  Report on previous meetings and future meetings regarding joint maintenance agreement for the Hwy 4/138 intersection Bike/Pedestrian Paths. A copy of the joint maintenance agreement as revised by the Rutland Town attorney has been forwarded to the V. of Oregon.  Their attorney is looking at it.  An excerpt from the minutes of the July 20^th meeting as submitted by Shapiro Hurley follows:

 

A letter written by the Village engineer, Joe Eberle, was discussed.  (Dale has a copy of that letter.)  General consensus of the Village Board members was in agreement with the recommendations in the letter.

 

A motion was made a motion was made by the Village to use Community Sensitive Design (CSD) funding to put down colored, stamped concrete in the narrow medians and terraces between the traffic roadways at the HWY 14/138 interchange.  The motion also included the condition that the areas should be prioritized with the area under the overpasses being the lowest priority and the strips between the lanes being the highest and that the CSD funds be used to do the work in priority order.  When the CSD money is used up, the remaining areas will be covered with asphalt.

 

11. Cell Tower status report.  The Town has not received any payments for the cell tower.  There has been no information received regarding the status.  The Town attorney will be asked if he has any information about the contract and payments.

 

12. Amendment of Citation Fee Schedule for Joint Municipal Court.  The Clerk of Court for the City of Stoughton Municipal Court has advised the Town that effective July 3, 2009, the bond schedule has been changed as the Crime Lab and & Drug Enforcement Surcharge has been increased from $8.00 to $13.00.  This increase is part of the Jail/Crime Lab Surcharge which now is $23.00 per citation.  The appropriate change has been made to the Town’s Citation Fee schedule.

 

13. Adjournment.  Motion and second to adjourn the August 2009 Board meeting by Sperle and Shapiro Hurley; motion carried 4-0.

 

Respectfully Submitted,

Dawn George, Clerk