RUTLAND BOARD MEETING MINUTES

 

August 3, 2010 – 6:30 p.m.

                                                                                               

Chairman Beske called the meeting to order.  Present: Chairman Beske, Supervisors Sperle, Lunde, and Walker, Clerk George, Treasurer Sime and Constable Hillestad.  Absent: none.

                                                                                                                                                           

1.       Appearance by Dane Co. Sheriff Dept. representative.  No one from the Dane Co. Sheriff Dept. representative was able to attend the meeting and no monthly stats report was received.

 

2.       Constable Report.  Constable Hillestad had no reports for the month.

 

3.       Racetrack report.  Dave Grueneberg was not able to attend the meeting but had submitted the July report and a request for permission to lease the track for a driving school on September 18^th and 19^th.  He would require that they not run cars until after 10 a.m. on Saturday and 11:30 a.m. on Sunday.  Because Grueneberg was not present to answer questions that the board had on the matter.  Beske will talk to Grueneberg to determine if there would be any sirens in use and to verify that this was a driving school and not an event such as “Race Experience.”  The consensus was that it would be okay if this is using regular cars in that there should be no unusual noise and that it will be held to more than 6 hours per day.

 

4.       Truman Street flooding/drainage issue.  The town was advised of a flooding issue at 848 Truman street which happened a week or so ago.  Both the Town patrolman and Chairman Beske viewed the situation and measurements of culverts and ditches were taken.  Some of the problem could possibly be addressed by the town regarding ditches and cleaning the culvert that crosses Truman Street, but there are three additional culverts that could use some changes that are on private property (driveways).  Some of the culverts on private property are tilted in the wrong directions and need cleaning of landscaping stones and other materials.  Because these are on private property, the Town does not have the authority to change. The Chairman will talk to some of the property owners on Eisenhower Street about fixing the problems and letters will also be sent to others advising that the town will be grading the ditches to help alleviate the problems, but that probably won’t remove the problem completely.

 

5.       Update on 2010 road work as necessary. The crack filling has been completed and it is anticipated that the seal coating will be completed in the next week or so. Consideration of submittal of TRIP change application for reconstruct northern portion of Center Rd. instead of the southern portion of Center Rd.   Sperle moved, Lunde seconded, to submit a change application to Dane Co. Hwy to make the road construction change; motion carried 4-0.

 

6.       Report from Planning Commission and any action necessary.

1)  Preliminary appearance regarding possible rezoning to allow Steve and Donna Williams, 1170 Hwy 14, to build a new home.  The Williams needed guidance about how to proceed on a new house.  They have 21 +/- acres and it could be rezoned to A-2.

This substandard lot was in place in 1978 and would be able to have 2 houses.  The shared driveway arrangement would need an easement agreement. A bump out would not be necessary since the driveway will be under 500'.  Well, sewer and all other setbacks would apply.  Frontage of 66 feet for each lot would be necessary.  The back 16-17 acres would be pasture and could be zoned to A-4.  The procedure as to how to proceed at Dane County was explained.  A side agreement prohibiting application for any conditional use permits on then A-4 parcel without written Town Board approval would be required and would need to be recorded.  The Planning Commission will view the property at 1170 Hwy 14 on Monday, August 9th at 5:30 p.m.  Chairman Beske noted that the A-4 portion of the rezone should have a deed restriction prohibiting further residential development, as no splits would remain.

 

2) Preliminary inquiry by Brian Wilk/Duane Wagner regarding possible Transfer of Development Rights (TDR’s) from another Dane Co. municipality to a 51-acre parcel located west of 3699 Old Stage Rd. in the Town of Rutland.  Pat O’Connor (developer) gave a presentation and his credentials.  Chairman Beske gave an overview on how to proceed with new housing.  The 51-acre parcel can only have one house.  The commission discussed TDR’s in depth as well as the “do’s and don’t’s” as applied to this 51-acre parcel.  Bringing in TDR’s from another municipality was discussed.  The commission did not approve on transferring a TDR from another municipality as there is no policy in place and there are a number of town landowners that have building sites available that could be for sale.  Motion and second by Walker and Lunde to make a statement that the Town of Rutland is not interested in pursuing the transfer of development rights in or out of the town until the Town has a policy in place and until the Town has more of an understanding of possible ramifications; the Town of Rutland will continue it’s policy of addressing TDR’s on a case by case basis; motion carried 4-0. 

 

 

 

7.       Consent Agenda:

·         Minutes.

·         Treasurer’s Report.

·         Vouchers and Checks.

Motion and second to approve the consent agenda by Sperle and Lunde; motion carried 4-0.

 

8.       Correspondence and necessary action.

v      WTA convention October 3-6 at LaCrosse.  Chairman Beske, Supervisors Lunde and Walker will most likely attend.

v      Chairman Beske reported on correspondence received from a town resident regarding the future

      construction of new Hwy 14.  Discussion held regarding the Hwy 14 projects and schedule.  The

      residents concerns were about access to the new Hwy 14 from Town roads. 

 

9.       Budget Projections Review.  The Board reviewed the estimated Budget Projections worksheet that Chairman Beske prepared covering 2011-2016.  This matter will be addressed again at the next meeting.

 

10.   County Communications System.  No action taken.

 

11.   Consideration and possible adoption of Ordinance 2010-8-1 relating to the confidentiality of information about income and expenses requested by the Assessor in property assessment matters in the Town of Rutland.  Motion and second by Sperle and Walker to adopt Ordinance 2010-08-01; motion carried 4-0.

 

12.   Adjournment of August 2010 Board meeting on motion/second by Sperle and Lunde; motion carried 4-0.

 

Respectfully Submitted,

Dawn George, Clerk

 

TOWN OF RUTLAND

ORDINANCE NO. 2010-08-01

 

AN ORDINANCE RELATING TO THE CONFIDENTIALITY OF INFORMATION ABOUT INCOME AND EXPENSES REQUESTED BY THE ASSESSOR IN PROPERTY ASSESSMENT MATTERS IN THE TOWN OF RUTLAND

 

WHEREAS, as part of the Budget Adjustment Act, 1997 Wisconsin Act 327, a number of significant changes regarding property tax assessment appeals and Board of Review procedures were enacted; and

 

WHEREAS, at Section 279(K) of 1997 Wisconsin Act 237, Section 70.47(7) (af) of the Wisconsin Statutes was created; and

 

WHEREAS, Section 70.47(7)(af), Wis. Stats., requires that the municipality provide by ordinance for the confidentiality of information about income and expenses that is provided to the Assessor under Section 70.47(7)(af), Wis. Stats., and shall proved exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of the court,

 

NOW THEREFORE, the Town Board of the Town of Rutland, Dane County, Wisconsin, DO ORDAIN AS FOLLOWS:

 

SECTION 1: Whenever the Assessor, in the performance of the Assessor’s duties, requests or obtains income and expense information pursuant to Section 70.47(7)(af), Wis. Stats., or any successor statute thereto, then, such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons: in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the Assessor in performance of official duties of the Assessor’s office and use by the Board of Review in performance of its official duties); or pursuant to order of a court.  Income and expense information provided to the Assessor under Section 70.47(7)(af) unless a court determines that it is inaccurate, is, per Section 70.47(7)(af), not subject to the right of inspection and copying under Section 19.35(1), Wis. Stats.

 

SECTION 2: SEVERABILITY.

 

The several sections of this ordinance are declared to be severable.  If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance.  The remainder of the ordinance shall remain in full force and effect.  Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict.

 

SECTION 3:  EFFECTIVE DATE.

 

This ordinance shall take effect immediately upon passage and posting or publication as provided by law.

 

Dated this 3^rd day of August, 2010.

 

                                                                                                TOWN OF RUTLAND

 

 

                                                                                                _______________________

                                                                                                Dale Beske, Town Chairman

 

Attest:

 

______________________

Dawn George, Town Clerk