TOWN OF SCOTT, BROWN COUNTY, WISCONSIN

MINUTES OF MONTHLY TOWN BOARD MEETING (0244)

MARCH 3, 2003

The March 2003 Town Board Meeting was called to order at 7:00 P.M. on Monday March 3, 2003 in the Town Hall, by Chairman Mark Schauer. Present were Chairman Schauer, Supervisors Cy Van Laanen, Ken Jacobs, Colleen Harris, Jason Horkman, Clerk Don Gibson, Treasurer Richard De Bauche and Constable Lee Baenen.

Minutes of the February Town Board Meeting were read by the Clerk. Chairman Schauer requested that the dates in minutes relative to Item 4 Ed Gersek Inc. Nonmetallic Mining Permit be amended to read 2003 in lieu of 2002 Motion by Jacobs, Second by Van Laanen to approve the minutes as amended.

Minutes of the February Plan Commission were read by the Clerk. The Plan Commission approved the Bay Heights Seventh Addition. Paul Kosmoski presented an overview of the Preliminary Plat. Information from Town Engineer and Brown County Plan Commission was reviewed. Motion by Jacobs to table the review of the preliminary plat of the Bay Heights Seventh Addition until the next meeting. Second by Van Laanen. Discussion followed on the curb and gutter and storm sewer policy. Bill Roskams of the Plan Commission indicated that the Plan Commission tabled the issue. Motion carried.

A finalized Certified Survey Map and deeds for the road right of way were presented to the Town Board. Condition of the road and the necessary improvements of the road before it is accepted as a Town road were discussed.

An updated legal description and map were presented that indicated the area previously permitted for nonmetallic mining in the Gersek Quarry. Discussion followed on the trend of blasting results which is approaching permitted limits. Motion by Schauer, Second by Harris to approve the renewal of the existing permit for the remainder of 2003. Carried.

Legal descriptions were presented which matched the request for expansion of parcels A and B as presented in the initial expansion request. The legal descriptions have been reviewed and

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and agree with the map previously presented. Discussion followed on the north (A) expansion request concerning construction of the berm as requested by the DNR and drainage of the area to the northwest. Expansion to the south area (B) is a concern because of the proximity to the houses on North Holland Road and Jacob Lane where concerns have been raised about higher levels of vibrations. Comments from the DNR were reviewed concerning the northeast corner of Area A. Pre-blast surveys and water quality monitoring have been done on a voluntary basis by Ed Gersek Inc. in a larger than area required in the Nonmetallic Mining and Blasting Ordinance. Motion by Jacobs to approve the North (A) Expansion area with the exception of the northeast area requested by the DNR. No second. Motion filed.

Motion by Schauer to approve the south (b) expansion request area with no mining to be done in the north (A) expansion request area due to lack of completion of the berm to provide mitigation of the lake. Second by Harris. Discussion followed on the impact of the mining and blasting ordinances on expansions and controls. Vote: Harris-Aye, Horkman-Aye, Jacobs-Aye, Van Laanen-No, Schauer-Aye. Motion Carried.

Viking Explosives has requested a permit to conduct blasting operations in the Gersek Quarry expansion area. Discussion followed on the benefits of using the new technology of electronic actualization of blasts to minimize disturbances. Motion by Jacobs, second by Schauer to approve the request of Viking Explosives to conduct blasting operations in the Gersek Quarry Expansion area #2 (south) during 2003 with the use of electronic detonators. Motion Carried.

Motion by Schauer, second by Horkman to suspend rules and open meeting to public.

Motion carried.

-Discussion on Davister's concerns about blasting

-Discussion on need to revise blasting and nonmetallic mining ordinances

-Are there any tax benefits to quarries?

-DNR is concerned about wildlife. Who cares about people?

-Concerns expressed about health issues from dust from quarrying.

-Discussion on the impact of Gersek draining lake and mitigation efforts.

-Electronic detonators are a benefit and should be used in all quarries.

-Update nonmetallic mining ordinance to increase distance from homes.

-Consider putting curbs at all road intersections to protect pavement.

Motion by Jacobs, Second by Van Laanen to return to agenda.

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The Humane Society will accept all animals brought in by Town of Scott residents. The residents may be billed by the Town if the animals are privately owned. Motion by Horkman, second by Van Laanen to table the issue until the April 2003 meeting. Failed. Motion by Schauer, second by Horkman to approve the contract with the Humane Society for animal care. Carried.

Dale Knafelc presented a plan for apartments that does not require access to Nooyen Lane. Access to Church Road must be 500 feet from intersection on SH57 and Nooyen Lane. A storm water study is necessary to indicate how runoff from the developments and the inflow and outflow of Wequiock Creek is handled. Schauer summarized the following issues as needing resolution before the rezoning can be considered: 1) Access issues to Nooyen Lane, 2)Storm water plan for the entire parcel, 3)Traffic plan(Area development plan) and 4) Sewer Service Area Plan approved by the DNR and Brown County.

Motion by Schauer, Second by Harris to table the rezoning request pending completion of a storm water study, resolution of access issues to Nooyen Lane and implementation of the Brown County Sewer Service Area Plan. Carried.

A proposal to increase the fees as follows was presented by the Clerk. Certified Survey Maps $200, Conditional Use, Rezoning, and Variances--$400, Subdivision Plats-$500. These rates will cover the cost of publication and per diem pay for reviews. Motion by Schauer, Second by Van Laanen to authorize the Town Clerk to pursue appropriate legislation to implement the changes. Carried.

-Motion by Van Laanen, second by Jacobs to reappoint Tim Ducat to a three year term as Plumbing Inspector to expire on 12/31/05. Carried.

-Motion by Schauer, Second by Jacobs to reappoint Randy Virlee to Plan Commission with term to expire 12/ 31/05. Carried.

-Tom Smith has resigned from the Plan Commission--John Paul, 3126 Bay Settlement Road has submitted a letter indicating his interest. Motion by Schauer, Second by Harris to appoint John Paul to the Plan Commission to complete Tom Smith's term expiring December 31, 2004. Carried.

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Plan Commission has developed an ordinance to regulate the installation and use of communication towers. The ordinance has been presented to and reviewed by the Town Board. Motion by Van Laanen, second by Schauer to authorize the necessary steps to implement the ordinance. Carried.

The Church Road bridge across Wequiock Creek will be reconstructed as part of the SH57 improvements. Motion by Jacobs, second by Horkman to suspend rules and allow public input. Carried. Pat Shroeder of Daanen and Janssen indicated that the bridge will be reconstructed between March 17 and April 15, 2003 at which time the road will be closed. Discussion followed on the need to designate Hemlock Road as the truck route and appropriate signs should be in place. Hemlock Road should be videotaped for use in determining any repairs needed as the result of this activity. Motion Jacobs, second by Horkman to return to agenda.

Debra VandenLangenberg has been appointed as Deputy Clerk. Motion by Van Laanen, Second by Jacobs to authorize her employment at $10.00 per hour. Carried.

Jerry Charlier has been trained to operate the Town of Scott seismograph to monitor blasts at the quarries. The job includes setting up and taking down the seismograph and interpreting the results. The average amount of time required is 1.5 hours and 20 miles of travel. Motion by Schauer, second by Van Laanen to authorize a $20.00 per occurrence for operating the seismograph. Carried.

Wisconsin Counties Association is conducting a survey on the merits of ending or continuing the current Farmland Preservation Program. Farmers contacted are unsure of the recomended direction. Agriculture use value assessment has helped reduce the tax burden. Motion by Schauer, second by Jacobs to support the Wisconsin Counties proposal to phase out the Farmland Preservation Program. Carried.

-CBCWA Update- concerns about use of acquifer storage/recovery and radium

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elimination. Green Bay Water Authority has undersized the proposed pipe to Lake Michigan.

--Incorporation and Border Agreement-Final document will be reviewed on 3/4/03 and plans for completion finalized.

--Annual reports have been received from Scott Sanitary District #1, Bayshore Sanitary District and New Franken Sanitary District. Motion by Schauer, second by Van Laanen to receive and place the reports on file. Carried.

--Annual Report from the New Franken Drainage District has been received. Motion by Schauer, second by Horkman to receive and place the report on file. Carried.

--A request for a refund of personal property tax due to an error in assessment has been received from Daanen and Janssen. Details will be investigated and the issue will be a subject of a future Town Board meeting.

--Notice Of Intent to File a DNR Storm Water Discharge Permit. The NOI must be filed by March 10, 2003. More Town Board action will be required when DNR provides directions.

--Wequiock Creek Interceptor Study--Meeting will be held at 7:30 A.M. on March 4, 2003 in the Town Hall to review plans and concerns about the construction of the 21 inch interceptor with the affected Sanitary District Commissiers.

--DOT has requested completion of a survey on the effectiveness of the Town Road Rating System.

Treasure DeBauche reported that the balance on hand as of 2/28.03 is $174,232.23. This agrees with the Clerk's summary of receipts and disbursements. Receipts of $1,546,491.06 and disbursements of $1,503,294.78 were approved.

Motion to adjourn by Jacobs, second by Van Laanen. Adjourned at 10:55 P.M.

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Donald L. Gibson

Clerk, Town of Scott