Chairman Dale Beske called the meeting to order. Present in addition to Chairman Beske were Supervisors Lunde, Shapiro Hurley and Sperle, Constable Reilly, Clerk George and newly elected Treasurer Kim Sime. Retiring Treasurer Walker was absent.

1. Appearance by Dane Co. Sheriff Dept. representative. Deputy Stacey presented the monthly calls for service report. He noted that citations had been issued to vehicles for racing on CTH A.

2. Constable Report. The constable had no calls for March. He will check on a large number of vehicles on Flint Rd.

3. Appearance by Julie Gau, Dane Co. Towns Association. Julie advised the Board that she was just visiting the board meeting.

4. Discussion of Results of Landfill RFPs for work tasks; action on the RFP's as necessary; results of well monitoring to date; set date and time for meeting with consultant to review the status of the cap. The results of the testing of the five private wells were that they all were basically clean. Comments received from BT² included that ruts in the capped landfill have been observed; if water is getting into the wells, there may be methane; it would be relatively inexpensive to utilize methane gem meter testing; in addition, BT² recommended that the Board consider installing a protective casing with a hinged cover and padlock on the wells to provide better security. Four proposals were received from Liesch Environmental, BT², Strand and Seymour Environmental. These proposals were reviewed. Sperle moved to accept the low bid from Strand ($6335) contingent upon the checking of at least two of the references listed (Town of Cottage Grove and the Town of Windsor); 2nd by Shapiro Hurley; motion carried. It was noted that the bids are only estimates as in some cases the number of wells is unknown until further information is learned. A viewing of the landfill site with the Board, the consultant and representatives from the DNR will be set up with April 16th, 17th, 23rd, and 24th being possible dates. The time will be 4:30 p.m. if possible.

5. Report from Planning Commission and any action necessary.

1) Petition 9667 by Dean and Judith Schulz to rezone 0.61acres located at 4543 W. Rutland Rd. (Section 30) from A-1 Ex. to R-1 (amend to R-3 to allow lesser back setback) to separate the residence from the farm. Shapiro Hurley moved to accept the Planning Commission recommendation to approve petition 9667 as amended from A-1 Ex. to R-3, seconded by Lunde; motion carried. It was entered into the record that the Schulz property was 69.9 acres in 1978; one split has been used prior to this split. The State purchased 0.4 acres on 8/1/1969 (Volume 120 Page 195 Doc 1245693) for Hwy R/W. The town has allowed land purchased by the State for road r/w to be included when calculating the number of splits allowed. In this instance, adding the 0.4 acres would bring the total acreage to 70.3 acres and be eligible for 2 splits. This rezoning would be the last remaining split, but there could still be a homesite on the remaining A-1 Ex. land either by a postage stamp rezone or a farm plan.

2) Referrals from previous meetings and site viewings as necessary.

a) Greg Cook regarding creating 2nd driveway for parking of recreational vehicle on vacated right-of-way at 436 Meanderwood Rd. in Ol' Stone Estates. Motion by Shapiro Hurley, second by Sperle, to accept the Planning Commission recommendation to approve the creation of a graveled second driveway to be in effect until such time that Cook sells property; motion carried unanimously. This driveway is to be used only for a recreational vehicle and not a semi. It should be noted that the restrictive covenants recorded for Ol' Stone Estates by the developers expired after 25 years so no longer apply; the covenants were recorded in 1976 so expired in 2001.

b) Grover/Eugster site viewing of former Elvekrog property on Old Stone Rd regarding homesite creation. The 18 acres of Ag land west of the Badfish will need to be rezoned to A-2 with the standard side agreement prohibiting future CUP's without written town board approval and a deed restriction prohibiting further residential development. The 48-acre A-1 Ex. parcel that will contain the 2-acre RH-1 postage stamp rezone directly east of the Badfish will also need to be deed restricted for no further residential development as this postage stamp rezone exhausts all eligible homesites. The 48-acre A-1 Ex. parcel next to Hildreth Rd is being sold as agricultural land only and will also need a deed restriction prohibiting further residential development. The driveway for the postage stamp homesite will be straight out from Old Stone Rd. and will be located 205 yards east of center of bridge. The proposed 500' driveway will have one bump-out (75' x 10' added to driveway). Grover and Eugster will be applying at the county for the postage stamp rezone and the A-2 rezoning.

3) Appearances for preliminary inquiries and information.

a) Lois Alme inquiry regarding possible split of property at 72 Franklin Road. Property owner has one split available. Property will be viewed on April 9, 2007 at 5:15 p.m. at 72 Franklin Road.

b) Elmer Fosso Jr. appeared regarding request for clarification that the 79.2 acres owned is eligible for 2 splits and three homesites. Commission advised that there are two splits and one postage stamp rezone available for a maximum of 3 homesites on the 79 ± acres. Commission recommends that the two splits would use 2-4 acres each. The Commission recommended 1 shared driveway for the three parcels. The Town will need to approve the sites for the three allowed homesites. The Fosso family is not planning on requesting the splits, but need the verification of what would be allowed for a future owner of all the remaining property owned the family. Fosso was given a copy of the minutes extracts from previous meetings dealing with this property.

6. Consent Agenda: a) Minutes.

b) Treasurer's Report. The Board okayed the town patrolmen not being paid the comp time accumulated over the 120 cap; they will use it for time off.

c) Vouchers and Checks.

Motion by Shapiro Hurley and second by Sperle to approve the consent agenda; motion carried.

7. Correspondence.

a) Grant for church from Dane Co Cultural Affairs. Motion by Sperle, 2nd by Shapiro Hurley to accept the $5000 grant from Dane Co Cultural Affairs; motion carried. b) The board received a letter from Sarah Shoemaker, Vierbicher Associates, that all the final documents needed to close out the Comprehensive Plan grant from the Department of Administration have been sent to Ramona Flannigan at the City of Edgerton. c) Fire reports from the Stoughton Fire Dept. The clerk was advised to check with Fire Chief Lamers regarding the identity of the persons involved in an accident on Hwy 138 at Starr School Road to determine if the Highway Assistance bill would apply in this case. d) Report from Stoughton Area Long Term Tornado Recovery Board conclusion.

8. June calendar. June Planning Commission will be May 29th and the Board will be on May 30th.

9. Reports of meetings attended by the Board as necessary. Beske reported on Oregon Fire and Sperle reported on DCTA.

10. Discussion and necessary action regarding EMS Consolidation Study revised proposal from Virchow Krause. Shapiro Hurley moved, Lunde seconded, to proceed with the $5000 contribution for the study of the possible regionalization of EMS by Virchow Krause; motion carried.

11. Discussion and possible action on cemetery mowing matter. Chairman Beske met with Ronda Wethal and explained the two option available: 1) Continue as town employee, or, 2) perform the cemetery mowing as an independent contractor providing her own insurance and hiring who she wished within the state guidelines (an operator of a power mower must be a minimum of 16 years of age.) Wethal opted to remain a town employee for this year and will give it further thought for future years.

Other issues related to the cemetery mowing that were addressed were:

1) Replacement of old mower that is not worth repairing further. The road patrolman will collect replacement cost information.

2) Difficulty mowing Rutland Center cemetery because of rocks & construction materials. Mike Bacon and Mark Hanson will be advised of this.

3) Patrolmen Wethal would like to search for availability of a used water truck for road construction; this might be a possible joint purchase.

4) The lead patrolman is interested in a new loader. 12. Discussion and possible action on cemetery grave opening fees. A spreadsheet showing the fees charged for grave opening in surrounding municipalities was reviewed; Rutland is the lowest. Shapiro Hurley moved, Sperle seconded, to increase the fees charged for grave openings to a flat fee at all times of $500; the fees charged for cremains will be increased to $100; motion carried. The Addendum to the Fee Ordinance will be revised and published.

13. Review proposed driveway ordinance. A sample driveway ordinance is being worked on by DCTA; Julie will get a copy to the Town.

14. Adjourn to closed session to discuss appraisal of property for possible public purchase pursuant to Sec. 19.85(1) (e), Wis. Stats. Motion and second by Shapiro Hurley and Sperle to convene into closed session was approved by unanimous roll call vote.

15. Reconvene into open session to finish the agenda pursuant to Sec. 19.85(2). Lunde moved, Sperle 2nd to reconvene into open session. motion carried by unanimous roll call vote.

16. Adjournment of the April 2007 Board meeting was by motion and 2nd by Sperle and Shapiro Hurley; motion carried.

Respectfully Submitted,
Dawn George, Clerk

1. Cigarette License …………………………………………….……………….….. $20.00
2. Operator's licenses …………………………………….…………….………….…$15.00
3. Provisional Operator's license …………………..………………………………… $5.00
4. Collection center fees …………………...………………………………….......$1.50/bag
5. CSM or Plat review fees ……………….…………….……………………...……. $50.00
plus $20 per lot platted or mapped
Escrow for Plat/CSM review costs ……………………………………………..…$500.00
plus $100.00 per lot platted or mapped
6. Cemetery Lots…………………… ..................$200.00/plot
$700 for 4 plots
7. Cemetery Grave Opening …….….…………………………..............................$500.00
amended 4/5/2007
8. Cremation opening ……….……….……………………………………………….$100.00
Amended 4/5/2007
9. Dog License: ……………………….……………………..…$10.00-spayed or neutered
$15.00-unspayed or unneutered
10. Kennel License ………………………………………$78.00 +$10.00 per dog over 12
11. Driveway Permits ……………………………………………………..………….…$50.00
12. Coin Operated Machines license ………………………………………...………..$10.00
13. Snow Plowing ……………………………………………...$60.00 for 1st ten minutes
…………………………………………………………….$3.00 for each additional minute
14. Fire Charges ……………………………….……$200.00 for 1st hour or any part thereof
…………………………………………..$150.00 for each additional hour or part thereof
15. Special Assessments letters (advance payment) ………………………………. $25.00
16. Zoning applications/site visits……………………………………………….………..…... $125.00
17. Appraiser Information Requests (advance payment) ……………….…………...$15.00
18. Dog Control Penalties:
a) Failure to have dog vaccinated against rabies………$175
b) Failure to attach rabies vaccination tag……………………$100
c) Failure to report animals suspected of biting
person or having rabies…………………………………………………………………$100
d) Failure to comply with quarantine order………………………$250
e) Removing quarantined animal without written
consent of humane officer……………………………………………………………$250
f) Failure to obtain dog license…………………………………………………$100
g) Failure to adequately confine bitch in heat……………$100
h) Allowing dog to run at large, first offense……………$125
i) Allowing dog to run at large, second offense
within one calendar year………………………………………………………………$150
j) Allowing dog to run at large, third offense
within one calendar year………………………………………………………………$250
k) Allowing dog to run at large, fourth offense
within one calendar year………………………………………………………………$350
l) Allowing dog to run at large, fifth offense
or subsequent offenses within one calendar year…$550
m) Allowing dog to be untagged, first offense………………$100
n) Allowing dog to be untagged, second or subsequent offense within one calendar year……………$125
o) Keeping or harboring vicious dog, first offense
within a 12 month period………………………………………………………………$300
p) Keeping or harboring vicious dog, second or
subsequent offenses within a 12 month period…………$550
q) Keeping barking dog, first or second offense
within 3 month period………………………………………………………………………$125
r) Keeping barking dog, third or subsequent offenses within 3 month period………………………………………………$200

Copyright © 2006 Town of Rutland, Dane County, Wisconsin Dawn George, Clerk Webmaster: webmaster@town.rutland.wi.us Updated: April 13, 2007