RUTLAND 2011 BOARD of REVIEW

May 24, 2011 – 6:15 p.m.

Town Chairman Dale Beske called the 2011 Board of Review to order at 6:20 p.m.

1. Roll Call. Present were Board of Review members Dale Beske, Jeanette Walker, Clerk Dawn George and Assessor Jaimie Sutfin. Board of Review members Milt Sperle and Jim Lunde had not arrived at this time, but because there was a quorum present the first Board of Review meeting proceeded.

2. Verification of publication and posting in three public places plus the Town Hall door. The notice applying to this meeting of the 2011 BOR has been posted at the Town Hall, the Town of Rutland Collection Center, White Rock Bar and Carter & Gruenewald and published in the Oregon Observer and Stoughton Hub. This is an abbreviated notice to meet and adjourn to meet the State Statute requirement that the first meeting of the Board of Review be held during the 30-day period following the second Monday of May.

3. Select a Chairperson and Vice Chairperson. Jeanette Walker nominated Dale Beske to be the Board of Review Chairman; seconded by Dawn George; there being no further nominations for Board of Review Chairman, George moved to close the nominations and cast a unanimous ballot for Dale Beske to be Board of Review Chairman; seconded by Walker; motion carried 3-0. Nominations for Vice Chairman were opened. Walker nominated Dawn George for Vice Chairman; George declined as she already serves as Clerk for the Board of Review; Beske then nominated Jeanette Walker to serve as Vice Chairman; seconded by George; Supervisor Lunde arrived. There being no further nominations for Board of Review Vice Chairman, George moved to close the nominations and cast a unanimous ballot for Jeanette Walker to serve as Board of Review Vice Chairman; seconded by Walker; motion carried 4-0.

4. Verification that at least one member of the Board of Review has met the mandatory training requirements specified in 70.46(4), Wis. Stats. The Clerk presented the form that has been filed with the Department of Revenue showing that Beske, Walker, Sperle and George are currently certified.

5. The first meeting of the 2011 Board of Review was adjourned until 4:00 p.m. on June 28, 2011, when it is anticipated that the assessment roll will be complete. Motion and second by Walker and Lunde; motion carried 4-0. The notice of adjournment was completed and posted on the Town Hall bulletin board visible from the outside. The date for the open book is yet to be determined.

Rutland Town Board Meeting

May 24, 2011 – 6:30 p.m.

The Board meeting was called to order. Present were Board members Beske, Walker, Lunde, Clerk George, Treasurer Sime, and Constable Hillestad. Supervisor Sperle arrived shortly after the Board meeting was called to order. Also present: Deputy Cindy Holmes, Dave Magnum, Dan Dean and Mark Porter.

Appearance by Dane Co. Sheriff Dept. representative. Deputy Holmes presented the stats report from May 3^rd to May 24^th. Deputy Holmes also gave the Board an update regarding an abandoned house on Mesa Drive. When first reported, it was found that the house was open and furniture was on top of the roof and other articles were scattered around the property. The dumpster that was present at the initial inspection is now gone but there are still some articles present on the property. Deputy Holmes inquired if the Town had any ordinance pertaining to junk on a property. Chairman Beske advised that the Town does not have one that would be pertinent in this situation. Deputy Holmes advised of a neighboring municipality that has one that the Town could look at if they wished to consider putting a similar ordinance in place. Chairman Beske advised Deputy Holmes about a recent occurrence where there were young persons operating ATV’s and dirt bikes on Oak Hill between Flint Rd. and Sunrise Rd.

Supervisor Sperle arrived.

Constable Hillestad reported that there was nothing new to report on the dog bite issue as it appears that the dog is no longer present in the Town. The date for meeting the conditions set forth by Dane Co. Humane Society has passed so if the dog were to return to Rutland, there would be violations of the conditions.

Racetrack reports. Grueneberg presented the May race report. This consisted of one race, practices and training events. Chairman Beske asked about which training events used sirens and requested that that information be put on future reports. There is a race on May 28^th that will be included on the June report because of the early meeting date.

The insurance certificate covering the fireworks events this year (May 28^th, July 1^st and September 3^rd) was received and reviewed. The Fireworks Permit for May 28^th was executed. Motion to approve the fireworks permit for the racetrack by Lunde and Walker; motion carried 4-0.

Grueneberg requested permission to run a tire test on Friday May 27^th from 4-8 p.m. or on Saturday, May 28^th from 2p.m. to 6.m. The Board expressed a preference for Saturday when there is an evening event scheduled, but Sperle moved, Lunde seconded, to approve modification of the schedule to allow the tire test on either Friday or Saturday, as noted above, contingent upon weather and the availability of drivers; motion carried 4-0.

Request for Fireworks Permit by Dan Dean at 4180 State Road 138. Dan Dean presented the fireworks permit application and a certificate of insurance naming the Town as an additional insured. Beske requested that the certificate of insurance for the commercial liability be modified to include language showing coverage of fireworks on July 3^rd (rain date – July 4^th). Sperle moved, Lunde seconded, to approve the issuance of the fireworks permit contingent upon the Certificate of Insurance being amended to include fireworks as a covered risk; motion carried 3-0-1 with Beske abstaining as a neighbor and one who has had concerns about fireworks being shot off in previous years. Deputy Holmes advised Dean that she appreciates that he is coming to the Town and getting the permit in advance of shooting fireworks and that she hopes he will comply by firing the fireworks on only the permitted date. Sperle asked about Dean’s experience with fireworks; Dean advised that he has many years of experience and is a former member of a fireworks organization. There was also a neighbor in attendance to support Dean’s request.

Action on Liquor license renewal applications and other license renewal applications. The renewal of the following liquor licenses, operator’s licenses and coin operated machines license were considered for action by the Board:

1) Class B Fermented Malt Beverage and Class B Liquor for Sandra Cloud dba White Rock Bar

2) Class B Fermented Malt Beverage Licenses (2) for Jenni Investments, Inc. dba Madison International Speedway, David Grueneberg, agent, for Location “C” (pit area) and for Locations A, B and D (under the viewing area)

3) Operator’s License renewals for Jason Cloud, Carolyn Bunnell, Suzette Noyce and Jean Johnson

4) Coin Operated Machine License for 10 machines for Sandra Cloud dba White Rock Bar.

Sperle moved, Walker seconded, to approve all of the above listed licenses; motion carried 4-0.

Update on cemetery flagpole project. The Clerk reported that a site has been marked at the Graves Cemetery for the installation of the flag pole.

Report from Planning Commission and any action necessary.

1) Petition 10317/CUP 2172 by Birrenkott Surveying, agent for Cindy Raasch, to

rezone 8.28 acres located at 1478 Lake Kegonsa Rd. (Sec. 02) from RH-3 to A-2(8) for zoning compliance for a Conditional Use Permit for Limited Family Business (Powder Coat Facility). Raasch will be building a new metal pole building for a shop that will be barely visible from the road. A new driveway will connect to the existing driveway. The correct current zoning of the parcel is RH-3, so no conversion fee will apply. The building will be 50x60 feet. The CUP area will include an additional side setback of 20’ on three sides and a front setback from the road right of way of 40’. As previously discussed, there should be no outside storage of machinery or materials. The Planning Commission recommended that the Board approve Petition 10317/CUP 2172 with the standard side agreement prohibiting application for additional CUP’s without Town Board approval.

Sperle moved, Lunde seconded, to accept the commissions recommendation to approve Petition 10317/CUP 2172 with the standard side agreement prohibiting application for future CUP’s without Town Board approval; motion carried 4-0.

2) Petition 10309 by Doug and Lisa Olson, agent for the late William Gallagher property to rezone 5.094 acres located at 920 Gallagher Lane from A-1 Ex. to A-2(4) to separate existing residence and farm buildings from the farm. The Planning Commission advised the Olson’s that the property line needs to have a 50’ setback from the farm buildings to accommodate the keeping of livestock. A deed restriction would be required prohibiting additional splits and additional residential development on the remaining farm, as all splits/homesites have been exhausted. The standard side agreement prohibiting application for additional CUP’s without Town Board approval would also be required. The Planning Commission recommended that the Board approve Petition 10309 with the deed restriction and side agreement.

Sperle moved, Lunde seconded, to accept the commissions recommendation to approve Petition 10309 with a deed restriction prohibiting further residential development and the standard side agreement prohibiting application for additional CUP’s without Town Board approval; motion carried 4-0.

3) Preliminary and Final CSM for Meyer Rev. Living Trust property (Petition 10316). One-third of an acre was added to the original parcel so that it connects to Hwy 138. This is not considered a split. The Planning Commission recommended that the Board approve the final Meyer CSM contingent upon the approval of the CSM by Dane Co. Zoning; this would include minor changes; any substantial changes would need to be brought back to the July meeting for approval.

Sperle moved, Lunde seconded, to accept the commissions recommendation to approve the final CSM for the Meyer property and authorizing the Clerk to sign the CSM providing any changes made by Dane Co. were not significant; motion carried 4-0. Any substantial changes to the CSM would require that the CSM be brought back to the Board at the July meetings.

4) Final CSM for Robert & Kathryn Everson property (Petition 10289). Engineer has reviewed and approved. The Planning Commission recommended that the Board approve the Final Everson CSM with correction on page 2 of 3 changing language from “Town” of Oregon to the “Village” of Oregon.

Lunde moved, Walker seconded, to accept the commissions recommendation to approve the Final CSM (as signed by the surveyor on May 18, 2011) and authorizing the Clerk to sign the CSM, contingent upon the correction as noted above being made; motion carried 4-0.

5) Site viewing of Jeff and Emily Moyer property regarding building home on parcel of land located on the west side of Starr School Rd. The house site (2 acres) would be an RH-1 postage stamp rezone. It was determined that the driveway would require a bump-out on the driveway at 500’. It was not clear whether the property where the existing home and business are located (east side of Starr School Rd.) would need to be rezoned to A-B or LC-1; further discussion needed with the County. Discussion had talked about the back two acres being A-4; A-4 has a minimum of 5 acres so it would need to be A-2. The conversion fee would apply to the entire 5-acre business site (East side of Starr School Rd.) and the 2 acres of RH-1 (West side of Starr School Rd). This matter will be addressed further at the July meeting. The standard side agreement would need to be applied to the A-2 acreage. Moyer was not present at the Planning Commission meeting but was present at the Board meeting; all of the above notes were discussed with Moyer at the Board meeting. There is an existing deed restriction prohibiting residential development on the parcel on the west side of Starr School Rd. as all splits had been used by a previous landowner. Moyer is looking to transfer the residence from the east parcel where the business is to the west parcel. It was noted that in order to lift the existing deed restriction prohibiting residential development on the area proposed for the new home (West side of Starr School Rd), the neighbors within 300’ would need to be notified. More specific information on this process will try to be obtained by the July meeting.

6) Update on radio tower rezone petition. No action was taken at Dane Co. ZLR meeting. An appeal has been filed. The petition will be on the agenda for the June 14 ZLR meeting.

Sue Wollin (Stoughton Farms) questioned the Town’s denial based on viewscapes. She felt that Magnum had met all of the Town’s requirements and also felt that the Town was taking away the right of the property owner (Stoughton Farms) to sell their property. She felt the Town Board was obligated to protect all the property owner’s rights, not just some of the owners. She noted several properties in the Town that are in violation of zoning.

7) Inquiry from Terry Lund regarding existing splits. Lund is questioning the number of homesites remaining on his property that was three farms in 1978 when the Land Use Plan went into effect. Lund will send a summary of property transactions of both the former Ingraham farms and the Lund farm. This matter will be further addressed at the July meeting. No action taken by Board on this matter.

8) Dane Co. Ordinance Amendment 4, 11-12 amending Chapter 10 of the Dane Co. Code of Ordinances regarding accessory structures. No action taken.

9) Dane Co. Ordinance Sub. 1 to Amendment 37, 10- 11 amending Chapter 10 of the Dane Co. Code of Ordinances, Defining Small Scale Electric Generating Stations and Requiring a Conditional Use Permit for Such Uses in the A-1 Ex. District as amended and adopted by Dane County. The Planning Commission recommended that the Board approve Sub. 1 to Amendment 37, 10-11.

Sperle moved, Walker seconded, to accept the commissions recommendation to approve Sub. 1 to Amendment 37, 10-11 pertaining to small scale generating stations; motion carried 4-0.

Update on radio tower rezone petition. Covered in Planning Commission report above.

Update on Center road work project including McCallum and Hanson driveways. The north portion of Center Rd. has been pulverized and gravel has been placed and graded. The paving is tentatively scheduled for Thurs., May 26^th(weather permitting). The patrolmen have done some grading on the west side of the road between the Town Hall and CTH A which will necessitate moving the driveway onto the McCallum land so that it is more in the center of the field and more or less at the top of the knoll. A letter will be sent to Randy Shotliff, operator of the farm land advising him of this. The property owner, Diane McCallum, has been advised of this change. The Town is in discussion with the property owner at the northeast corner of the intersection of Old Stone Rd. and Center Rd. to resolve drainage issues there. The consensus of the Board was that we should do what needs to be done to achieve the best resolution to the problem.

Discussion and possible action on Town of Vermont resolutions regarding the proposed state budget and its effect on town budgets. The proposed resolutions as presented at the Town’s Association meeting were reviewed. No action was taken on this matter.

Consent Agenda:

· Minutes.

· Treasurer’s Report.

· Vouchers and Checks.

Sperle moved, Walker seconded, to approve the Treasurer attending the Treasurer’s Institute at Green Bay in July; motion carried 4-0.

Walker moved, Lunde seconded, to approve the letter requesting payment of delinquent personal property taxes to CIT Technology Financing Services; motion carried 4-0.

Sperle moved, Lunde seconded, to approve the Consent Agenda; motion carried 4-0.

Rutland Church and Cemetery Committee report. Beske reported that the Committee had met recently and they are looking to apply for a new grant and are completing the final report on the grant received from Dane Co. Cultural Affairs in 2010 for the insulation of the interior of the church (walls and ceilings). The new grant being applied for would be to help with the refinishing of the pews and the painting of the floors.

Correspondence and necessary action.

1) Update on 2012 Hwy 14 projects. Beske reviewed some displays of

proposed projects received from Mike Rampetsreiter (Wis. DOT) for 2012 in

the Oregon area which include a proposal to have a park and ride at Hwy

138/Hwy 14 maintained by the county who are proposing to construct salt

sheds at the site, and 3 roundabouts at the Hwy 14/M and MM interchange.

2) Village of Oregon statement of position on Hwy 138/Hwy 14 Development.

Village President has released a statement to the effect that the lands east of

the Hwy 14-138 interchange (Town of Rutland) present some important

issues with long term implications for the Village. It is his feeling that the

Village must take action to address this area to avoid harmful development

currently allowed under County zoning. President Staton stated that

discussion will be held with land owners and other stakeholders relating to this

area.

3) Vehicle Damage Claim from Debbie Hamele. The Town’s insurance

company recommended that this claim be disallowed. Sperle moved to

accept the insurance adjustor’s recommendation to send a notice via certified

mail advising Hamele that her claim for damages has been disallowed; motion

carried 4-0.

4) Oregon Senior Citizens – Dunn withdrawing from agreement. The Clerk

advised that a letter has been received from the Village of Oregon notifying

the Town of Rutland that the Town of Dunn has given notice that they are pulling out of

the Senior Center’s current contract. The Village is still researching this but

Dunn’s action may terminate the agreement for all municipalities (including Rutland). If

this does terminate the agreement for all municipalities, staff is proposing

redrafting the same contract for the remaining municipalities. (Clerk’s note:

the letter also invited attendance at the June 13, 2011 Village Finance

Committee meeting to discuss the impact of the Town of Dunn’s decision on

the services the Senior Center provides. The meeting will begin at 5:30)

5) A Fire Report from the Brooklyn Fire Department for a fire large pile of lumber

burning at 4513 Hwy 92. No burning permit had been obtained. The Town’s

Burning Ordinance requires that a burn permit be obtained. The property

occupants were advised by fire department personnel that the Town of

Rutland might be sending a bill. Lunde moved, Walker seconded, to have the

Clerk send a fire charge bill of $200 to the property owner for the ordinance

violation.

Discussion and necessary action on proposed Stoughton Urban Service (USA). Chairman Beske reported that this will on the agenda for the June 7^th CARPC meeting.
Upcoming meetings and reports of meetings attended by the Board as necessary. The radio tower matter will be up for discussion at the June 14^th Dane Co. Zoning meeting.
2011 Crack Filling proposal. Sperle moved, Lunde seconded, to approve the Crack Filling proposal to crack fill a number of Town roads at a cost not to exceed $12000.
Adjournment of the June 2011 Board meeting was motion and second by Sperle and Walker; motion carried 4-0.

Respectfully Submitted,

Dawn George, Clerk