Town Board Meeting Minutes

December 7, 2010 – 6:30 p.m.

Present: Board members Chairman Beske, Supervisors Lunde, Sperle, Walker, Clerk George, Treasurer Sime, Constable Hillestad, Dane Co. Sheriff Deputy Holmes, Dave Grueneberg.

Dane Co. Sheriff Deputy Holmes presented the stats report covering Oct and November.

Constable Report. Constable Hillestad reported that he is working on an animal complaint.

Racetrack report. Grueneberg reported that the MATC EMS training was held Nov. 18^th and the MATC EVOC training (w/sirens at half volume) was held 11/29/10-12/03/10. Grueneberg is working on the 2011 and may have something to present next month.

Report from Planning Commission and any action necessary.

(1) Petition No. 10267 by D.L. Evans Company, agent for Steve and Donna Williams to rezone 14.39 acres from A-1 Ex. To A-4 and 5.25 acres from A-1 Ex. to RH-1 to create three lots for existing residence, creation of new building site and the balance of the land owned (property at 1170 State Highway 14, Section 7.

Beske indicated there were some concerns about the slope of the proposed driveway. Dane County does not recommend a slope over 12%. The slope on Williams’ proposed driveway is 10 l/2% which is within the County guidelines. Williams indicated that they have had 2 perks done on the proposed building site and both passed.

Beske informed Williams that in 2011 Dane County will be making a decision on how to convert the small parcels in Dane Co. that were formed prior to the existing land use plan of 1978 which are zoned A-1 Ex. with a house on them. There is a possibility that in 2012 these parcels will receive a blanket conversion to RH without paying a conversion fee. However, Williams have already started the paper work to take land out of Ag. Ex. Therefore, the conversion fee would apply on 5.25 acres.

The Planning Commission recommended that the Board approve Petition No. 10267 with a deed restriction for no further development on the 14.39 acres and a side agreement on the 14.39 acres that there will be no conditional uses without Board approval.

Board action: Sperle moved, Lunde seconded, to accept the commissions recommendation to approve Petition 10267 with a deed restriction for no further development on the 14.39 acres (A-4) and a side agreement on the same 14.39 acres prohibiting application for conditional use permits without Board approval; motion carried 4-0.

(2) Final Certified Survey map application #9235 by Erwin & Joyce Sholts, 4549 CTH A for rezoning petition #10213 for property just south of 882 USH 14, Section 17 and deed restrictions.

Chair Beske had discussions with the County Surveyor, Dan Frick. It was established that Sholts’ land does in fact go the center of US 14. This is different than what is normally done. Therefore, the proposed parcels will extend to the center of the road. Otherwise, there would be a strip of ROW that would not be owned by the State/Federal government and not owned by adjacent property owner.

The Planning commission moved to rescind the prior Planning Commission action taken the preliminary CSM since that action stated the lot line should be moved from the center of the road. The Planning Commission recommended that the Board approve Final Certified Survey Map application 9235 with a side agreement that no conditional uses are permitted without board approval.

Board action: Lunde moved, Walker seconded, to accept the commissions recommendation to approve the Sholts Final CSM (dated 11/17/2010) with the property boundary extending to the center of US Hwy 14 and with a side agreement that no conditional uses are permitted without board approval; motion carried 4-0. The purchaser, Mr. Thompson will sign the side agreement after the new parcels are created with the escrow being retained by the Town until the agreement is recorded.

(3) CUP 2156 for Verizon cell tower reapplication (replacing CUP #2096 which is null and void) for proposed cell tower at 4232 CTH A (collection center site).

CUP 2096 which became null and void for failure to initiate the conditional use within 1 year of permit approval. Peter Schau was in attendance as a representative for SBA. SBA is a publicly traded company that owns numerous cell towers across the US. Verizon has sold this cell tower site proposal to SBA. Verizon placed a $20,000 surety bond with Dane County so that if the proposed cell tower is abandoned, the bond would cover the tear down and disposal of the tower. SBA will lease the tower back to Verizon for placement of their antenna. SBA is taking over four tower sites in Dane County from Verizon. The home base for SBA is Boca Raton, FL. Construction of 2 of the 4 towers is proposed for the first quarter of 2011.

The long term evolution is for broadband driven not by regular cell phones but smart phones and wireless computer access to the internet. That type of connection is comparable to 20 regular phones accessing at once.

The Planning Commission recommended that the Board approve CUP 2156.

Board action: Lunde moved to accept the commissions recommendation to approve CUP #2156 since it appears that all findings from the previous CUP appear to be unchanged; Walker seconded; motion carried 4-0.

(4) Myron Bacon III (Mike) inquired about what zoning would be needed for him to start a business constructing fishing rods and selling rods, bait, and fishing gear from his home at 4652 Rome Corners Road. Dale Beske informed him of various possibilities including a limited family business. Discussion followed that the sale of products may be considered commercial and the Board normally does not approve commercial development in a residential area. This will be placed on the agenda for further consideration in the future if Mike Bacon desires to explore options. Beske noted that he has traffic concerns with this proposal but if it was a custom rod business, that might generate less traffic.

14/92 drainage issues. Chairman Beske had prepared a discussion sheet containing options for payment of future maintenance of the drain pipe project. The consensus of the Board favored a 50/50 division of costs between the Village of Brooklyn and the Town of Rutland. Beske will try to arrange a meeting with the Village of Brooklyn in early Jan. regarding this matter.

Review of Minutes of 14 relocation meeting. The consensus of the Board was to support an interchange on one of the town roads; Beske will prepare a letter to be sent to the Villages of Oregon and Brooklyn and the Town of Oregon for review at the January Board meeting.

Jake Brake Discussion and Quarry Operating hours discussion. Discussion was held on these two issues, noting that the county felt that there might be problems since the quarry is a grandfathered operation; a letter will be sent to Charles Burch regarding options for addressing these matters and asking him to document the problems if they continue to occur.

Consent Agenda:

· Minutes.

· Treasurer’s Report.

· Vouchers and Checks.

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

Correspondence and necessary action. No Board action taken.

Set Caucus date: Walker moved, Lunde seconded, to set the 2011 caucus for January 18, 2011; motion carried 4-0.

Discussion was held on possible ramifications on the tax levy limits from possible annexations by Stoughton (66 acres) and Oregon (60 acres) including Urban Services Areas. There was a question about the taxes that are supposed to be paid to the Town when land is annexed out of the Town and who initiates the process.

Discussion regarding January bidding for Center Rd. reconstruction. Bid notices will be prepared and sent out for opening at the February board meeting.

Update on Ol’ Stone Estates road damage. The road damage in Ol’ Stone Estates has been repaired by Bartelt at a cost of $8939.94. The firm representing Waste Management has denied the Town’s claim for payment of this repair. Beske reported on Mead and Hunt review and report on the inspection and documentation of the damage. This review was done prior to the repair and the report includes a map, pictures and comments on the damaged areas. Beske further reported that Mead & Hunt recommended that the roads in Ol’ Stone Estates weren’t in that good of condition; they felt that with the repairs done this fall and chip sealing within a year or so, that would be sufficient for now, but the roads should be pulverized and reconstructed in the future.

Beske reported that the Oregon Fire Dept. has experienced some cash flow issues. They plan on conducting a cash flow analysis and probably will be instituting a 5-year plan to build up the reserves. This will probably take place in March or April.

Discussion on digital radios for patrolmen. Beske asked the Board to think about whether or not to buy digital radios for the patrolmen. There is an opportunity to buy these through a county-wide grant at a cost of $2200 each. This would allow the patrolmen to be in contact with area emergency agencies and would be portable.

The deadline for the next round of AEA (Agricultural Enterprise Areas) applications is February 2011. There are links to the application information on the web.

Landfill and private well monitoring results were received and reviewed. The results and exceedances were consistent with historic data. There were no private well exceedances this round.

Holiday Collection Center hours. The Board approved the holiday hours proposed by the collection center attendance. The collection center will be open on Sun., Dec. 26^th from noon until 4 and will be open the regular hours on New Year’s Day.

Discussion and necessary action on personnel matters. Possible candidates for the Planning Commission vacancy were discussed. Sperle moved, Walker seconded, to count the meetings attended by the Constable as calls and pay the Constable for the same; motion carried 4-0.

Adjournment of the December 2010 meeting was on motion/second by Sperle/Lunde; motion carried 4-0.

Respectfully Submitted,

Dawn George, Clerk