Oct. 2009 BOARD MEETING

RUTLAND BOARD MEETING

October 6, 2009 – 6:30 p.m.

Chairman Dale Beske called the meeting to order at 6:30 p.m. Present were Chairman Beske, Supervisors Shapiro Hurley, Lunde and Sperle, Clerk George, Treasurer Sime, and Constable Hillestad.

1. Appearance by Dane Co. Sheriff Dept. representative. Deputy Cindy Holmes appeared with the monthly stats report. She reported that she will try to get the speed board out to Rutland again.

2. Constable Report. Constable Hillestad had no calls this month.

3. Racetrack monthly report. Dave Grueneberg presented the September racetrack report. He reported that the Madison Police Dept. use of the track for training was going well. When the 2010 schedule is set, Grueneberg will get in touch with the Town Board.

4. Town residents Rob and Amy Hostrawser appeared regarding their concerns and those of their neighbors about the City of Stoughton purchase of the Nelson/Harried property and the city’s possible intent for construction of an electric substation, production well and business park. The Clerk reported that the Town had received a copy of a letter from another town resident to the City requesting that they terminate their plans for a substation because of health concerns to nearby residents and livestock. Because this was the first that the Town was aware of these plans and because letter was only received on the day of the meeting, no action was taken by the Town. The matter will be placed on the November agenda with a public hearing being held at that time. The City had considered a substation on the Sime property earlier, but the Sime family was not interested. The Sime’s will get some of the information they gathered at the time to the town for the public hearing. Constable Hillestad works for Alliant Energy and advised the Board that there are things that can be done that would minimize problems such as stray voltage.

5. Oregon Fire/EMS request to increase vehicle replacement cost to $30,000 (state contract price for new Expeditions is $29,500, less than most late model used ones, so they want to buy new and get the warranty etc). Sperle moved, Shapiro Hurley seconded, to change the approval from the September meeting ($20,000) to the new $30,000 to be spent on the vehicle replacement; motion carried 4-0.

6. Tree removal policy. In light of some recent requests to have the town patrolmen remove some trees in the ROW (or partially in ROW), Chairman Beske felt the Town should look into having a policy in place that would set some guidelines such as the tree must be visibly deteriorating, in the right of way and a definite public risk before the patrolmen would remove a tree. The Chairman will check with the Wisconsin Towns Association to see if they have some boiler plate language addressing this matter.

7. Oregon/Dunn Labor Costs. Due to the fact that Rutland had the Oak Ridge reconstruction project this year and Dunn and Oregon did not have major projects, Dunn and Oregon have helped Rutland more that our patrolmen have helped out in Dunn and Oregon. Chairman Beske will be attending a Chairman’s meeting regarding these issues.

8. Thrive Contribution Request. Thrive is an economic development enterprise for an eight-county Madison region. They are asking that the Town of Rutland contribute a sum of $196 based on the volunteer investment level of each community. Sperle moved, Shapiro Hurley seconded, to give the amount suggested if 50% of the municipalities agree to contribute; motion carried 4-0.

9. County Communications Cost. Chairman Beske advised that he had heard that the Town’s share of the county communication costs would be $4600 beginning in 2012. A letter was received from various organizations, including the Wisconsin Towns Association, urging municipalities to delay action of letters of intent to join the proposed radio system.

10. Hwy 51/138 Intersection Information. Chairman Beske reported that the reconstruction of the Hwy 51/138 intersection has caused safety concerns by the residents of Veek Rd. Veek Rd. intersects with Hwy 138 very near this intersection ramp.

11. Report from Planning Commission and any action necessary.

(1) Petition 10111 by Isthmus Surveying, agent for Tim and Chris Properties LLC to rezone 7.1 acres (revised to 7.71 acres) from RH-1 to RH-2 and 4.11 (revised to 4.3) acres from A-2(8) to A-2(4) located at 3912 Old Stone Rd. (Sec. 22) to reconfigure parcel boundaries. Preliminary CSM for same. Discussion on storage building on quarry site owned by Tim Kotlowski.

*Preliminary CSM 12515 dated 9/29/2009 was reviewed. The changes are including the small rectangle in the parcel being sold by Kotlowski (detail A) and shifting the eastern property line behind the shed to the east to allow for a 50' setback, since the shed will house animals. The Commission recommended the Town Board approval of petition 10111 including the attachment of the updated side agreement.

Sime asked about whether or not there would be an assessment for rezoning A2 land to RH. Beske explained that some people have been challenging that assessment because although the land is rezoned, the agricultural use has stayed the same. Dane County makes that assessment, so the new owners will need to see what happens.

*Motion to recommend to the Town Board approval of preliminary CSM 12515.

*Mr. Kotlowski was not present for the discussion of building a storage building at the quarry site on Center Road. Dale Beske has been communicating with Majid Allen at Dane County. It seems that constructing a building will not be straightforward. The parcel is nonconforming, so nothing can be built until it is brought into conformance, which may require a revised reclamation plan. A2-4 zoning might work with a CUP to operate the quarry. If it were rezoned to LC1, the Town would have to work through the conditions outlined in the Comprehensive Land Use Plan, Goal 10. Not all of those conditions could be met; however, since this is an existing use, there might be some room for discussion of those points.

Board action: Shapiro Hurley moved to accept the Planning Commission recommendations to approve Petition 10111 with the amended side agreement and to approve the preliminary CSM 12115; motion seconded by Lunde; motion carried 4-0.

(2) Petition 10070 by Joe Eugster, agent for Mel Shotliff to rezone 6.8 acres located north of 358 Lake Kegonsa Rd. (Section 26) from A-1 Ex. to RH-2 to create one residential lot as amended and adopted by Dane Co. to require a deed restriction regarding the use of glare-free outdoor lighting, and to require that deed notices be recorded on Eugster parcels as noted in files and the proposed parcel indicating that one housing density unit is being transferred from Eugster to Shotliff and another deed notice placed on the Eugster parcels indicating that there are 5 housing density units remaining on the original farm. This petition has a delayed effective date of 90 days of adoption by Dane Co. for the filing of the deed restriction, deed notices and CSM.

*Motion to recommend to Town Board approval of petition 10070 as amended and adopted by Dane County.

Board action: Shapiro Hurley moved to accept the Planning Commission recommendation to approve Petition 10070 as amended and adopted by Dane County; seconded by Lunde; motion carried 4-0.

(3) Inquiry by Ron Paltz regarding possible CUP changes for kennel operation.

* Ron Paltz appeared and explained some desired changes in the CUP that sets the sideboards for the operation of his kennel. The hours for exercising the dogs outdoors, weekend hours of operation and expanding the footprint to put in a rehabilitation pool are the primary changes. This matter will be scheduled for the Nov 2nd Planning Commission as a public hearing so the neighbors and anyone else concerned can express their thoughts.

(4) Karl Pulver request for second driveway at 365 Pagelow Lane.

*Property at 365 Pagelow Lane will be viewed at 5:15 pm on Thursday, October 8th.

(5) Ordinance Amendments #21 and 22, 2009-2010 regarding residences in the Exclusive Agricultural District. This ordinance amendment provides that new farm owner residences and secondary farm residences would require a conditional use permit or rezoning rather than being permitted use; existing farm residences as of the effective date of this ordinance amendment would retain conforming status that would allow the residence to be repaired or replaced. The amendment would not affect the availability of house units. Ordinance Amendment 21 removes a new residence for farm owner or operator earning substantial income from the farm operation as a permitted use. Town action is needed on OA 21 only (Chapter 10).

Ordinance Amendment 22 is a companion fee ordinance amendment which would provide for a reduced rezoning fee for farmers seeking to construct a primary farm residence; secondary farm residences would be allowed as a conditional use.

*Motion to recommend approval of OA 21 to the Town Board. *OA 22 is for information and edification only.

Board action: Shapiro Hurley moved to accept the Planning Commission recommendation to approve OA 21; seconded by Sperle; motion carried 3-0 with Beske abstaining as he owns a parcel of land that is grandfathered in the A-1 Ex. district.

(6) Notice of public hearing for Dane Co. Ordinance Amendment 25, 2009-2010, amending Chapter 17 of the Dane Co. Code of Ordinances adopting Flood Storage District Maps. * Information item, no action necessary.

The Town will follow up with Roger Lane to clarify if the adoption of the maps is something that Rutland needs to do also or is this something that the County adopts on behalf of all the land included in Dane Co.

12. Consent Agenda:

· Minutes.

· Treasurer’s Report.

· Budget Work meeting schedule.

· Vouchers and Checks.

The clerk asked about the early payment of some regular bills such as utility, fuel, and solid waste that come due at the end of the month and result in finance charges when they are only a few days late. The clerk was advised to come up with a list of these bills.

Shapiro Hurley moved, Sperle seconded, to approve the consent agenda; motion carried 4-0.

13. Cell Tower status report and action on revised lease and Memorandum of Agreement. Sperle moved, Shapiro Hurley seconded, to re-authorize the clerk and chairman to execute the revised lease and Memorandum of Agreement; motion carried 4-0.

14. Oak Ridge Road work status. The double seal coating by Scott Construction has been completed on Oak Ridge Rd., Center and Gallagher Lane. It is anticipated that Frank Bros. will complete the paving on Oak Ridge, possibly next week, weather permitting.

15. Consideration and possible action on Computer Assisted Revaluation for 2010. Shapiro Hurley moved, Lunde seconded, to approve Gardiner Appraisal completing a computer assisted revaluation of all property at a cost of $13,700; motion carried 4-0.

16. Review Stoughton Senior Citizen stats for 1^st half of 2009. The Board received the stats. Betty Thompson, Town representative, had advised that there may be a meeting of the Chairmen toward the end of the month regarding funding for 2010.

17. Correspondence and necessary action. A car sellers license application was received from Stark ; Chairman Beske will pursue information on this matter and execute the application as necessary.

18. Dane County Public/Private Partnership. Correspondence was received regarding a workshop on Workplace Preparations for H1N1. No one will be able to attend this meeting.

19. Water test statistics. The board received the results of the 1005 reminder calls sent as a test of the reverse 911 system. Public Health for Madison and Dane Co. reported reaching 730 persons.

20. The October 2009 meeting was adjourned on motion/second by Sperle/Shapiro Hurley; motion

carried 4-0.

Respectfully Submitted,

Dawn George, Clerk