Rutland Town Board Meeting - December 6, 2011 – 6:30 p.m.

Chairman Dale Beske called the December Board meeting to order. Present: Board members Dale Beske, Supervisors Milt Sperle, Jeanette Walker, Jim Lunde, Clerk Dawn George, Treasurer Kim Sime, Constable Shawn Hillestad, Dane County Deputy Jim Schroeder.

Appearance by Dane Co. Sheriff Dept. representative Deputy Jim Schroeder was present. No stats report was received.

Constable Report. Constable Hillestad reported three calls for November dealing with a public safety issue, dogs running at large and the rifle ordinance.

Planning Commission report.

1) Sheldon farm driveway site viewing. The property viewing for the Sheldon farm driveway was attended by Beske and Stokstad. The recommendation based on the viewing was to allow the farm driveway as proposed by the Sheldon’s.

2) Petition 10350 by Michael & Brenda Shields as amended and adopted by Dane County. CSM for same. The Planning Commission recommended that the Board approve petition 10350 as amended and adopted by Dane County. The Planning Commission recommended Board approval of the Grenlie Office Map #3749.

Sperle moved, Walker seconded, to accept the commissions recommendation to approve petition 10350 as amended and adopted by Dane County to include a deed restriction prohibiting further residential development on the remaining agricultural land (parcel number 0510-231-8500-9); motion carried 4-0.

Sperle moved, Lunde seconded to accept the commissions recommendation to approve the CSM for the Shield’s property. The approval was also contingent upon the removal of the “any dedications shown thereon” language on the Town certificate of approval on the CSM if required by Dane Co.; motion carried 4-0.

3) CSM for Doug Olson/Wm. Gallagher property (920 Gallagher Lane, Sec. 15) required for Petition 10309. The Planning Commission recommended that the Board approve CSM Drawing #3751 of Doug Olson, contingent on the approval of the Town Engineer.

Walker moved, Lunde seconded, to accept the commissions recommendation to approve the Certified Survey Map (Order No. AB3751-11) contingent upon Dane Co. approval of the CSM and contingent upon the recording of the standard side agreement prohibiting application for any conditional use permits without Town Board approval; motion carried 4-0.

4) Dane Co. Zoning Task Force request for feedback on draft changes to A-B district. Feedback for the Dane County Zoning Task Force on draft changes to A-B district are as follows:

1} Page 4 of 5 (2) (e) (i) “required under state or federal law to be located in a specific place, or:” There is concern about the wording “specific Place”

2) Could a landscaping firm such as Moyer Landscaping that is in the Town be completely under A-B zoning since they raise stock planting and perform the planting/landscaping. This would be preferable over split zoning of the property between Ag Exclusive and AB Zoning. Chairman Beske will expand this and pass on to the Dane Co. Zoning Task Force.

Consent Agenda:

· Minutes Nov. 1, Nov. 15 and Nov. 22 meetings.

· Treasurer’s Report.

· Vouchers and Checks.

· Set Caucus Date for January 17, 2012.

· Appointment of Election Inspectors for 2012-2013 term. The slate of Election Inspectors for the 2012-2013 term were: Eleanor Aaberg, Jean Bawden, Dona Berge, Ronda Wethal, Pat Foltz, Leslie Burch, Mark Hanson, Jeanette Walker, Rose Dokken, Robert Broadhead, Dottie Richardson, Denise Anderson, Mark Porter, Alfredo Delgado, Judy Medina, Danyell Franz, Terry Luebke, Iris Cooley, Jim Seymour. One form was received from a political party; the one person named on that form was included on the slate of election workers.

· Assessor’s contract renewal. Contract is the same price ($5350). New costs per Department of Revenue are $4.00 per improved parcel for digital drawings (new) and $4.00 per improved parcel for digital drawings if not completed in a revaluation project. Also new is the $200 cost for the annual narrative report starting in 2013 if required by Dept. of Revenue.

Motion and second to approve the consent agenda by Walker and Sperle;

motion carried 4-0.

Correspondence and necessary action.

· ATC Rockdale-Middleton transmission line construction update.

· Landfill and private well monitoring report for October.

· Property owner Connie Esser has contacted the Town about the removal of the tree removal at her address. The Town will contact the bidder and have two contracts drawn up with the Town contract being for the portion of the tree hanging over the road and the remainder being a separate contract with Ms. Esser. The Town will haul the wood from their portion of the tree.

The Board reviewed and approved the newsletter draft.

Discussion and necessary action on re-adoption of Employee Grievance procedure mandated by new law. Motion and second by Milt Sperle and Jim Lunde to adopt Resolution 2011-12-01 adopting the revised Employee Grievance Procedure; motion carried 4-0. The complete Employee Grievance Procedure document is on file.

Discussion and necessary action regarding adoption of Dane-Com. Agreement. Motion and second by Milt Sperle and Jim Lunde to approve and authorize the Clerk and Chairman to sign the intergovernmental agreement for the new countywide interoperable emergency radio communications network known as “DaneCom”; motion carried 4-0.

Consideration and necessary action on adoption of Highway Weight Limit Ordinance 2011-12-01; motion to adopt by Milt Sperle , second by Jim Lunde; motion carried 4-0. The object of this ordinance is to make the ordinance by municipalities consistent countywide in order to facilitate the Dane County Sheriff’s Department enforcement.

Discussion and necessary action on Hwy 14/92 drainage maintenance agreement. The maintenance agreement approved by both the Town of Rutland and the Village of Brooklyn has been submitted to Wisconsin DOT; no response has been received.

Discussion and necessary action on sign reflectivity testing procedures plan and sign inventory. Chairman Beske presented a draft for Sign Review and Maintenance plan. Motion by Milt Sperle second by Jeanette Walker, to adopt the draft as the final plan; motion carried 4-0.

Discussion and necessary action on Dane Co. Farmland Preservation Plan. No action as nothing has been received from Dane Co.

Upcoming meetings and reports of meetings attended by the Board as necessary.

· Chairman Beske and Supervisor Walker attended the meeting at the Town of Dunkirk where discussion was held about intergovernmental agreements. Another meeting will be set up.

Discussion and necessary action on Stoughton Boundary agreement and maps where City and Town maps overlap. Adjourn to Closed Session pursuant to 19.85(1)(i), Wis. Stats. to discuss necessary action on the proposed Boundary Agreement. Closed session was not needed. There will be a joint Planning Commission/Board meeting with the City of Stoughton on December 15^th to discuss mapping areas of Rutland for potential development.

Adjournment of the December 2011 Board meeting on motion and second by Milt Sperle and Jim Lunde; motion carried 4-0.

Respectfully Submitted,

Dawn George, Clerk

ORDINANCE 2011-12-01

An Ordinance Establishing Special or Seasonal Weight Limits

I Authority

II Adoption

III Overweight Permits

IV Penalties

V Effective Date

SECTION I - AUTHORITY

The Town Board of the Town of Rutland, Dane County, Wisconsin, has the specific authority under Wis. Stats. §§66.0114(1)-(3), 345.20-345.53, 349.03, 349.06, 349.16, 348.17, 348.26 & 348.27, to adopt this ordinance, as Towns have been authorized and delegated the authority to enact and enforce, in their own discretion, seasonal and special weight limits, and exceptions to those special and seasonal limits, on their own roads, pursuant to Wis. Stat. §349.16. The Board finds the following regulations to be in strict conformity with its authority and direction under Wis. Stat. §349.16, and not contrary to or inconsistent with chs. 341 to 348 and 350.

SECTION II - ADOPTION

The Town Board of the Town of Rutland, by this ordinance, adopted on proper notice with a quorum and a majority vote of the Town Board present and voting, provides the authority for the Town to establish special or seasonal weight limits, and overweight permits, as follows:

A. The Town Board may, from time to time, designate by Resolution special weight limits on any portion of a Town Road determined by the Board to need additional protection due to road conditions then occurring. Until the next regularly scheduled Board Meeting, the Town Chair or the Town Highway Superintendant may temporarily designate and post special weight limits on any portion of a Town Roads in need of immediate additional protection due to weakness of the roadbed, due to deterioration, climatic conditions or other special or temporary conditions, which are likely to cause serious damage in the absence of such special limitations.

B. The following seasonal vehicle weight limit of 15 tons maximum [30,000 pounds] shall be effective for the following Town Roads:

All town roads except for any town roads that have a previously established lower weight limit, during the period set by the Highway Superintendent, in consultation with the Town Roadman, annually, to coincide with the Wisconsin Department of Transportation spring thaw determinations for the year in question, and, reported to the Board at the first scheduled Board meeting following the posting.

C. The reduced seasonal weight limit set under Section II B. above does not apply to:

(1) Septic Haulers complying with Wis. Stat. §349.16(3), which are traveling to destinations where they will be emptying holding tanks which are full or otherwise endanger public health and safety. This exception does not apply if pumping of a tank can safely be deferred until after the expiration of this seasonal limit;

(2) Empty Vehicle Or Vehicle Combinations being moved directly to or from a storage or maintenance facility located on a posted town road;

(3) Farm Tractor Hauling A Single Or Tandem Axle Manure Trailer operated under and complying with a permit allowing a weight limit, excluding the tractor, of 15,000 pounds per axle for up to two axles, for operations from a farm for spreading; and,

(4) [Optional] Milk Haulers which are picking up and transporting milk from dairy farms. Milk haulers shall use the shortest lawful direct route over town roads to and from dairies, and shall have the vehicle tag axle fully deployed, or this exemption does not apply.

D. Town vehicles engaged in official duties, public safety vehicles, fuel trucks, school buses and garbage and recycling trucks contracted by the Town, shall be exempt from the seasonal and special weight restrictions of this Ordinance.

E. Unless otherwise exempt, delivery of heavy loads to their ultimate destination shall be delayed until after the expiration of the weight limits unless delivery of the load is necessary for health or safety or the care of farm animals, for which a permit may be issued.

F. The Town Chair, Highway Superintendant or his or her designee shall erect signs as required under s. 349.16(2), Wis. Stats., on or before the effective date of this ordinance.

SECTION III – OVERWEIGHT PERMITS

The Town of Rutland, Dane County, Wisconsin, may authorize and issue to the owner or operator of specific vehicle, an overweight permit, exempting such Permittee from the special or seasonal Town weight limits as follows:

A. The Town Chair or Highway Superintendant of the Town of Rutland, Dane County, Wisconsin, for good cause in specified instances, (with approval from the Town Board in the case of Multiple trip permits) may authorize and issue to the owner or operator of specific vehicle, an overweight permit, effective for a designated period of time, up to one year, exempting operations by the described vehicle on designated Town Roads from special or seasonal weight limits. Such permits may include such conditions as may be deemed necessary to protect and preserve the highway, including the designation of permit routes.

B. Any overweight permit, as issued, applies only to the vehicle designated in the permit, during operations as permitted. The permit, as issued, is not transferable, is revocable, and may be suspended by the Town Chair or Highway Superintendant at any time for good cause. The Permittee may, within 5 days of revocation or suspension, request in writing a hearing before the Town Board, which shall be held within 30 days or the permit shall automatically be reinstated.

C. There is no application fee for overweight permits exceeding Town imposed weight limits, which may be issued by fax or electronic transmission.

D. Permittee shall have a current, fully executed Permit Application and Indemnification Form, on file with the Town Clerk. The Permit Application and Indemnification Form shall provide the identity and address of the applicant, contact information, the name of the applicable liability insurance provider, the effective dates requested, the type of permit requested, the proposed routes of operation, and a description of the vehicle or vehicles to be permitted. It shall also provide that Permittee agrees to reimburse, indemnify and hold harmless the Town for the repair of any damage which results from Permittee’s operations under the permit requested, or any liability alleged to have resulting from such damage, together with any costs of enforcing or fulfilling this paragraph, including expert witness and attorneys fees.

E. To be valid, an overweight permit must be carried in the vehicle and displayed to any law enforcement officer, the Town Highway Superintendant, or the Town Roadman, promptly upon request.

F. The issuance of a permit under this section shall be reported to the Town Board at the first regular meeting following issuance.

G. Permits issued under this section are applicable solely to Town special and seasonal weight limits, and do not authorize or allow overweight operations in excess of the limits in Wis. Stat. §348.15.

SECTION IV – PENALTIES

A. No person may operate any vehicle on the above-noted highways, in violation of a posted seasonal or special weight limit, without a written permit issued and carried in the vehicle, pursuant to SECTION III, above.

B. The forfeiture for a first violation of any provision of this ordinance shall be Five Hundred ($500.00) Dollars. The forfeiture for a second or subsequent o ffense shall be One Thousand ($1,000.00) Dollars. Notwithstanding the forgoing, the total forfeiture shall not exceed the total forfeiture for equally overweight vehicle, with the same history of convictions, as calculated under the formulas included in Wis. Stat §348.21.

C. Pursuant to Wis. Stat. §§ 345.47, the Town, shall recover as costs of the action under Wis. Stat. §§814.01 and 814.036, its actual reasonable expert witness and attorneys fees.

D. The vehicle need not be physically weighed, nor must the precise weight of the vehicle be shown, to prove a violation of this Ordinance, provided there is clear and convincing circumstantial evidence a violation existed. The manufacturer’s published empty weight of a vehicle shall be presumed to be the empty weight of a vehicle, in the absence of evidence to the contrary.

E. If any section, clause, provision or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected or the charge may be amended to a violation of Wis. Chapter 348.

SECTION V – EFFECTIVE DATE

This ordinance shall take effect on the day after its enactment and publication as provided by law.

The above ordinance was duly adopted by the Town Board of Rutland at a regular meeting held on the _6th__ day of _December_, 2011.

APPROVED:

BY:

_______________________________

Dale Beske, Town Chairman

ATTEST:

_______________________________

Dawn George, Town Clerk

Published:__________________________

PLAN FOR SIGN REVIEW AND MAINTENANCE

1. Update the inventory so we have an accurate list of all signs

Probably requires driving around and updating the list (either on a
hardcopy or on a laptop).

Inventory is probably just a spreadsheet.

2. Rate all the signs in mid-2013.

Use a meter borrowed from the County?

Could be done at same time inventory is being updated.

3. Replace the worst 50% of all regulatory signs in late 2013.

Budget impact.

Record when each sign is replaced.

4. Replace any failing regulatory signs in the other half in early 2014.

Same budget impact.

Record when each sign is replaced.

5. Starting in January 2015, rerate any regulatory signs that are more than 3 years old once every year and replace as needed.

6. Starting in mid-2016, examine all street name signs and any other signs not reviewed above

Update the inventory accordingly.

Probably a safe bet that all will have to be replaced.

7. During 2017, replace all street name signs.

8. Starting 2018, annually review reflectivity of all signs that are 3 or more years old.