BOARD MEETING MINUTES

December 6, 2007 –6:30 p.m.

 

Chairman Beske called the meeting to order.  Also present were Supervisors Shapiro Hurley, Sperle and Lunde, Clerk George, Treasurer Sime and Constable Reilly.

 

1. Appearance by Dane Co. Sheriff Dept. representative.  Deputy Cindy Holmes appeared and presented the monthly stats report.  She also gave information about I.C.E. (In case of Emergency) cards that can be kept in your vehicle and on a cell phone, Dane County Resource Card (Help for Important Issues for Teens), Dane County curfew and parent information regarding the Choking Game.
2. Constable Report.  Constable Reilly reported on two calls for the month regarding vehicles on private property and on the right of way.
3. Public Hearing or open discussion.  Possible options on Rutland Dunn Townline Rd including intersection with Hwy 51.  David Nelson was the only property owner present.  Beske reported some of the options that had been mentioned to the Town: 1) roundabouts for all intersections in that section of Hwy 51, including Rutland Dunn Townline Rd. and B.  If roundabouts are used, stop lights can not be used.  Also mentioned was the possibility of ending Rutland Dunn with a cul-de-sacs instead of hooking up with Hwy 51.  If the cul-de-sacs on either side of a new controlled access Hwy 51 happen to separate the Nelson farms, this would cause great hardship for Nelson in his day-to-day farming operations. This would also change the results of the study regarding stop lights at the Roby Rd. intersection because of requirement that roundabouts can not be used near stoplights.  2) The Hwy 51 study committee has met for several years regarding ways to get traffic from Stoughton to Madison;  one option they have mentioned is making Hwy 138 a four-lane highway and hooking up to Hwy 14.  3)  Possible re-location of Hwy 51 to the west from a point north of the bank on the corner of Hwy 51 and Cty. B down to Hwy 138 with an interchange there; this is not a good idea as there are many problems with where to put a new route. 

The use of cul-de-sacs on Rutland Dunn Townline Rd. would be of great concern because of the added time necessary for emergency response if emergency vehicles had to go around Starr School Road. 

David Nelson would like to be notified of any future public meetings.

4. Discussion and possible action on color choice for new Oregon Area Fire/EMS ambulance expected in the spring.  Randy Way, Oregon Fire/EMS was present to answer questions regarding the options available.  Following some discussion, Shapiro Hurley moved, Sperle seconded, to approve the color scheme (orange and black) and graphics (panther) showed as ranked #1; motion carried on a 3-1 vote with Beske voting nay.
5. Report from Planning Commission and any action necessary.

1)     Preliminary inquiry from Mike & Laura Gronier of Lamis Properties regarding CUP for daycare at 608 Hwy MM.

      Current zoning is RH2; proposed zoning is RH2 with a Conditional Use Permit.

      Beske indicated letters had been sent to the neighbors to inform them of this proposal. 

     There were no neighbors present to speak  for or against the proposal.

      Laura Gronier indicated her husband, Mike, had talked to the neighbors next door,

      Beethams, and they did not object.

      Prosposal is to accommodate 35-45 full-time students. However, Laura Gronier  stated

      there is also a significant need for before and after school care and they would like to

      take an entire family with children 2 and over through school age.  The building would be

      about 3,000 sq. ft. and use all or a portion of the 6 acre property.

      The property was viewed by the planning commission on November 10.

      Concerns include: volume of traffic, number of employees and children, adequate paved

      driveway which is wide enough for 2 cars to pass easily, septic and well size. Sime

      expressed concerns that a case could be made for zoning this commercial, and he felt

      that would be appropriate.

      --Consensus informally that Mike and Laura Gronier should proceed by applying to the

      county for a conditional use permit with RH2 zoning.

      The Board took no action on this matter, but did note that the number of parking spaces

      would need to be looked at when the final plans are submitted.  It was also noted that the

      double driveway might be a future concern if the ownership of the adjoining property

      changed.

 

2)     Duane Swalheim, agent for Robert Meyer, inquiry regarding possible splits for property at 3956 Hwy 138.

      Present  zoning A-1 Ex; Proposed RH-1on the split of the house and buildings on

      approximately 3.7 acres.

      A survey was done for Duane Swalheim, 436 Connie Street, Cottage Grove, WI 53527.

      The owner of record is Robert H. Meyer, Jr. Rev. Living Trust, 3956 State Hwy 138,

      Stoughton. Property address is 3956 State Hwy. 138, Stoughton.

      There are 282 acres with no splits to date. Therefore, 8 splits are allowed which creates

      9 parcels.  This would be the 1^st of 8 splits. 

      The planning commission members indicated that livestock could not be put in the

      buildings on the west lot line, since there is not 50 feet for a side setback.

      --No formal action. Duane Swalheim will now file with the county.

      No Town Board action on this matter at this time.

 

3)     Richard Snorek—Preliminary CSM Approved on 4/30/07 Planning Commission. Present zoning RH-1. Proposed zoning RH-1.

      Proposal is to consolidate 2 CSM’s into one CSM, contingent on review by the Town

      Engineer. (There were no escrow funds submitted and the board will determine if

      the clerk  can sign off or the town engineer needs to review).

      --Motion made to consolidate the two parcels (CSM’s) contingent on approval by Town

      Engineer—Recommendation  to approve map# AB 3456-07.

      Shapiro Hurley moved, Lunde seconded, to accept the Planning Commission

      recommendation to approve the Snorek CSM as presented; motion carried unanimously.

      The Board determined that no escrow fees are necessary as no review by the town

      engineer is necessary. 

 

4)     Appearances for preliminary inquiries and information.

• Joe Roatch inquiry regarding Wes Cooley property at 3951 Old Stone Road.  Present zoning A-1Ex. Proposed R-1 if the lots are combined.  Presently interested in purchasing a .825 and a 0.56 acre parcel from the estate of Wes Cooley, 3951 Old Stone Road in Section 27.

           Roatch’s desire is to tear down the garage, build a larger pole shed and either remodel

           the house or tear it down and build a new house.

           The options were discussed with him concerning leaving it two parcels or combining it

           into 1 parcel.  At present the septic field is under the driveway. He was advised to check

           to see if that is permitted with new construction.  He was also advised to determine if the

           present buildings conform to setback requirements. If it is nonconforming, improvements

           are limited to l/2 of the assessed value of the improvement.  The current value of the

           improvements is $49,600. If it is conforming, there is no limit to the value of

           improvements. He was also advised that if he builds a new house, he has 90 days after

           the occupancy permit for the new house is granted, to remove the old house.  --No

           action. He may apply at the county to combine parcels if he chooses to purchase this

           property. No Town Board action.

 

• AJ Arnett/Steve and Doug Wileman (Wileman Farms LLC) regarding transfer of split. --No one appeared to address this agenda item.

 

• Inquiry from Les Swanson regarding creation of a home site on property on STH 138/Hill Rd. (Section 08).  Present zoning A-1Ex. Proposed zoning for 2 acres is RH-1 on a postage stamp zoning (86,000 sq. ft).

           Further review must be done to determine how many acres Les Swanson has (how

           many acres the property was in 1978)—Is it 104.5 or 105? And how many splits the

           property was entitled to.  One split (Drea) was taken in 1979 and he is entitled to one

           more split if the acreage is 104.5 acres. However, if the acreage is determined to be 105,

           he is entitled to 2 more splits.  --Action—Viewing is set for Saturday, December 8 at 8:30

           a.m.  Swanson will need to determine if DOT will allow him to use the existing ag

           driveway on Hwy 138 or the driveway on Hill Road.  The Board will need to resolve the

           split issue.

 

6. Consent Agenda:

• Minutes.
• Treasurer’s Report.
• Vouchers and Checks.

      Shapiro Hurley moved, Sperle seconded, to approve the consent agenda; motion

      carried.

7. Correspondence.

• Private Cemetery information request.  The Town has received an inquiry about the Town policy or philosophy on family burial plots on private property.  The property in question is 4.82 acres zoned RH-2.  In a memo from the town attorney, under sec. 157.129, Stats., no cemetery may be dedicated unless it consists of at least 20 acres and is not within 250 feet of a dwelling.  It also needs to be licensed by the State Department of Regulation and Licensing.  DLR would most like recommend that individuals not create a family cemetery.  Cemeteries are not listed under the county permitted and conditional uses for RH-2 properties.  The town is also concerned that it will become responsible for the cemetery in the future when there are no family members left to maintain the cemetery.   

The memo from the town attorney sets forth the Procedure for the Property Owners to create a Private Cemetery.  The attorney feels that the town has the authority to deny the request, but also recommends the town enact an ordinance setting forth the standards and procedures by which the town reviews and approves of proposed cemeteries.

The property owner will be advised that in the town’s opinion, the absence of a town ordinance permitting smaller cemeteries, the need to have 20 acres and the need to license a cemetery would preclude the creation of a private cemetery on their property.

• A letter (email) has been received from Mark Smith indicating that he will no longer be representing the Town of Rutland at the Brooklyn Fire and EMS District.  The Board decided that for the present, one of the Board members will attend the Brooklyn Fire meetings.  A letter will be sent to the District advising them of this and requesting as much advance notice as possible.

8. Appointment of Election Inspectors for 2008-2009 election cycle.  Shapiro Hurley moved, Sperle seconded, to approve the proposed slate of election inspectors for 2008-2009; motion carried.  The approved list is on file.
9. Set Caucus date of January 15, 2008.  Motion/second by Sperle and Shapiro Hurley; motion carried.
10. Consideration on action to replace Marshfield Laboratories for DOT drug and alcohol testing.  Recommendation: MedTox.  Lunde moved, Shapiro Hurley seconded to approve proceeding with MedTox for the required testing; motion carried.
11. Consideration and necessary action on roller joint purchase.  No action on this as the matter is probably being dropped.
12. Update and necessary action on status of Landfill course of action.  Consideration and possible action of Strand Associates proposals for well monitoring in 2008 and extension of service in 2007.  Motion and second by Sperle and Shapiro Hurley to approve the 2008 contract, contingent upon the town attorney taking a quick look at the contract and approving it,  and to deny payment of the 2007 extension of $765 for research into the cost and feasibility of an electro-magnetic survey for underground tanks at the collection center; motion carried.  The 2007 extension is being denied because the request was just for a ball park figure for budgeting purposes.

The patrolmen will be asked to put better markers delineating the edge of the landfill cap when weather permits. 

The patrolmen will be advised that when a new gate is installed at the collection center, a new fence should be installed from the existing fence to the new gate on the east side of the driveway only and not around the entire property. (There is already an existing fence on the west side of the driveway.)

13. Reports of meetings attended by the Board as necessary.  Sperle reported that the Town of Springfield has been working on TDR’s ordinances that will be discussed at the January 9 meeting of the DCTA.   He also reported that there will be a future meeting regarding the ATC proposal that will feature people presenting information on underground installation; there is also some question in many minds as to the need for the proposed line.
14. Beske reported that he has contacted Francisco Pelegri, owner of the property directly west of the Graves Cemetery, and he has no problem with the Town using his property to take down some dead trees that are on the west fenceline of the cemetery.  We will need to work around some trees on the Pelegri property. Beske, Patrolman Wethal and the tree trimmer will meet with Pelegri prior to the work being done.  Patrolman Wethal will need to get the costs from potential trimmers.
15. Adjournment of the December 2007 Board meeting on motion/second by Shapiro Hurley/Lunde; motion carried.

 

Respectfully Submitted,

Dawn George, Clerk