Rutland Town Board Meeting

October 4, 2011 – 6:30 p.m.

Chairman Dale Beske called the meeting to order. Roll Call: Present – Chairman Beske, Supervisors Lunde, Walker and Sperle, Clerk George and Treasurer Sime. Absent – none.

Appearance by Dane Co. Sheriff Dept. representative. No one present and no report.

Constable Report. Not present and no calls.

Appearance by McFarland Outreach Director Ingrid Thompson and Case Worker Sara Sprang. The Board received a report for services received for all of 2010 and through August 31, 2011. The Board asked for information as to whether or not the Town’s contribution was in line with the other municipalities for services received. The Board will take this information into consideration when developing the 2012 Budget. Discussion held regarding the new election requirements and getting the information to the residents who may need assistance in complying with the ID requirements including transportation to the DMV.

Racetrack reports. Dave Grueneberg presented the September report (final of the year). The Clerk noted that Dane Co. Zoning had advised that the Conditional Use Permit required when a new owner takes over had not been obtained. Grueneberg reported that owner Terry Kunes felt that this had been taken care of at the time of purchase. The Conditional Use Permit and the revised Deed Restrictions will be placed on the November 1^st agenda for any necessary action.

Planning Commission report.

1) Petition 10350 by Brenda Vinje-Shields to rezone 2.45 and 1.9 acres located at 793 Hildreth Rd. (Sec. 23) from RH-1 Rural Homes (existing postage stamp) and A-1 Ex. to RH-2 Rural Homes to separate the existing residence from the farm to allow sale of farmland to an adjacent land owner. Dane Co. Zoning has approved a variance to allow proposed lot 1 to have 25 feet of public road frontage along Hildreth Road (8/9/11 ZLR Committee Work Meeting)(existing use). The Shields have had a surveyor draw up a lot containing the existing house, the outbuildings, the septic and well, and a 66’ driveway to the point where the driveway joins the 24.75’ driveway that goes to Hildreth Rd. This portion will be rezoned to RH-2 and the remaining 36 acres will remain A-1 Ex. The A-1 Ex. portion is already deed restricted for no further residential development. The Planning Commission recommended that the Board approve Petition 10350. Sperle moved, Lunde seconded, to accept the commissions recommendation to approve petition 10350; motion carried 4-0.

2) Urish Family Trust Final CSM. The Planning Commission recommended that the Board approve the final CSM contingent upon the location of the Stormwater Storage District being shown on the final CSM and contingent upon the approval of the Town Engineer. The rezoning petition was approved contingent upon the recording of the joint well agreement, the location of the septic system and alternate site being shown on the final CSM and the recording of that agreement, and the identification of the ownership of the remaining housing density right. Since the last meeting, the Urish Family attorney had submitted a septic system agreement, a joint well agreement (there is only one well serving the two proposed parcels) and a document indicating that the remaining homesite will stay with the remaining agricultural land. The engineer review letter of approval was received. Walker moved, Lunde seconded, to accept the commissions recommendation to approve the final CSM (office map JN, 11G-42)(Dane Co. Reference #9314), contingent upon the location of the Flood Storage District (800’NAVD) being shown on the certified survey map; motion carried 4-0.

3) Inquiry from Greg Smith regarding the eligible splits for the Reta Smith Estate property. Several documents were reviewed relating to the remaining splits on the Reta Smith property including a history of the property submitted by Greg Smith, a density study done by Dane Co., and a density study by the Town based on the 1978 assessment roll. The Dane Co. study is based on 157.94 acres as of 1978 resulting in 4 splits (5 homesites) with one remaining split. The splits taken and counted by Dane Co. included rezone #4332 which was required by Dane Co. to achieve zoning compliance of a 24.28 acre parcel purchased by Al Stein. This was not supposed to be a split but was to continue to be used for agriculture; the 24.28 acre parcel was subsequently sold as a homesite (not approved by the Town or Dane Co.). As the Town records do not show that this rezoning was meant as a split so this would mean that there are two homesites remaining. Greg Smith presented a copy of the recorded warranty deed (document 2389281 –Vol 20046page63-Sept. 9, 1992 for this 24.28 acres) that specifically states that this land was not sold as homestead property. The Planning Commission felt that it was appropriate to allow 2 homesites for the remaining 129.3 acres which currently contain no buildings. The remaining property has frontage on Hwy 14, Old Stage Rd. and Biglow Rd. Sperle moved, Walker seconded, to accept the commissions recommendation to allow two further homesites based on the recorded warranty deed showing that the 24.28 acre property was not intended for a homesite; motion carried 4-0. A letter will be sent to Majid Allan at Dane Co. advising of the Town’s decision.

Discussion and necessary action on 2011 Road Work update. Resident Al Wikum inquired about the Center Rd. reconstruction. He felt there was need to seed along the shoulders and also felt the driveways need further work. The Board will check with the patrolmen regarding his inquiry. Wikum also reported on a vehicle that speeds past his home on a very consistent basis.

Consent Agenda:

· Minutes.

· Treasurer’s Report.

· Vouchers and Checks.

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

Correspondence and necessary action.

· Email-Universal Recycling Technologies, LLC. regarding recycling obsolete electronics. This contact information will be kept on file and referred to when the next recycling event is being planned.

· Stoughton Strategic Planning event. Walker will plan on attending this event.

· Treasurer’s tax bond. The Board felt that they would continue to use the ordinance option instead of a bond.

Tree at 4271 Oak Hill. Information is being sought regarding the cost to remove the limb that is hanging over the road, the cost to remove the limb hanging over the house, and the cost to remove the entire tree. The consensus of the Board was that the Town would be willing to pay for the cost to remove that portion of the tree that is hanging over the road and no more. This will be looked at again at the Oct. 18^th Board meeting.

Discussion and necessary action regarding Oregon Senior Ctr. Funding. The email from Dunn Chairman Minihan and the spreadsheet showing the usage and percentages were discussed. We need to continue working on this matter.

Discussion and necessary action on Oregon Fire/EMS bonding and loan issues.

v Consider resolution number 2011-10-01 authorizing the issuance of a $9,950.86 general obligation promissory note to the Town of Dunn to pay the Town of Rutland's proportionate share of a loan undertaken by Dunn on behalf of the Oregon Area Fire-EMS. Sperle moved, Lunde seconded, to adopt resolution 2011-10-01; motion carried 4-0.

v Consideration and necessary action on Promissory Note to Town of Dunn for the above loan. The attached payment schedule shows that the Town’s payment will be $2,158.23 for four years and $2,157.84 for the 5^th and final January 5^th annual payment. Sperle moved, Lunde seconded, to approve the execution by the Town Chair and Clerk of the necessary documents; motion carried 4-0. The Board directed the Treasurer to take these payments from the Oregon Fire/EMS reserve each year.

Discussion and necessary action on re-adoption of Employee Grievance procedure mandated by new law. No action taken. Will be placed on the November agenda.

Consideration and necessary action on adoption of Highway Weight Limit Ordinance. No action taken. Will be placed on the November agenda.

Discussion and necessary action on Hwy 14/92 drainage maintenance agreement. Discussion held regarding Brooklyn share and offer to provide the sewer jetting machine. The Chair had done some research on jetting service costs and possible maintenance costs. Discussion also included water trucks to be used in jetting. The Board felt that we should take Brooklyn up on their offer for the sewer jettng machine. Chairman Beske felt a pipe maintenance should include Brooklyn covering 10% of the costs and providing the sewer jetting machine and water from their hydrants and Rutland providing the water truck and tank at no cost with the Rutland property owners paying a proportional share of the remaining 90% cash costs (proportional share of the property owner yet to be determined. The agreement would also provide for a commission to oversee the maintenance.

Discussion and necessary action on sign reflectivity testing procedures and sign inventory. There is currently a possibility of the elimination or delay of the compliance dates requirement. The existing sign inventory documents (2002) do not include the new speed limits signs installed a few years ago (2005) and need to be updated. It appears that there may be approximately 400 signs in the Town that need to be brought into compliance as necessary. The next step would be to update the sign inventory and then complete a plan.

Discussion and necessary action on Stoughton Boundary agreement. The Chair has attended a meeting with the Stoughton Mayor and will be attending further meetings.

Discussion and necessary action on 2012-13 TRIP meeting and application information. An application will be filed for Center Rd. (south portion). Lunde will attend the meeting on October 27^th.

Update Road Improvement Plan.

2012 – Center Rd. (Old Stone-Old Stage) reconstruction. Bass Lake

Court may be dug out and then double sealed.

2013 – Old Stone Rd. reconstruction – remaining portion (Oak Ridge to

Center)

2014 -2016 – Sunrise (north of Hwy 138), Starr School Rd. (north of Hwy

138), Windmill Rd., Ol’ Stone Estate, Hildreth and Oak Lane are

all possible candidates during this period. The Board reviews this long-

range plan each year to determine road work depending on funds

available. There may be sealcoating on various roads included during

various years.

Discussion held regarding reconstructing Starr School Rd. (north) at

less than 22’.

Discussion and necessary action on Dane Co. Farmland Preservation Plan. No action on this item.

Upcoming meetings and reports of meetings attended by the Board as necessary. Chairman Beske reported attending Stoughton Fire EMS budget meeting. The new post census numbers are still being worked on so Rutland’s share may be lower. It appears that Rutland’s share will go from $32,000 to $45,000 with the majority of the increase being in the capital budget.

Three Board members will attend the WTA convention at Green Bay at the end of the month.

Adjournment of the October 2011 Board meeting was on motion and second by Sperle and Lunde; motion carried 4-0.

Respectfully submitted,

Dawn George, Clerk