TOWN OF SCOTT, BROWN COUNTY, WISCONSIN

MINUTES OF TOWN BOARD MEETING(0249)

APRIL 7, 2003

The April Town Board Meeting was called to order at 7:00 P.M. on Monday, April 7, 2003 in the Town Hall by Chairman Mark Schauer. Present were Chairman Mark Schauer, Supervisors Cy Van Laanen, Ken Jacobs, Colleen Harris and Jason Horkman, Clerk Don Gibson, Treasurer Richard DeBauche and Constable Lee Baenen. A moment of silence was observed to commemorate the lives lost of the coalition forces in operation Iraqi Freedom.

A. March Town Board Motion by Jacobs, second by Van Laanen to approve the minutes of the March 2003 Monthly Town Board Meeting as read. Carried.

B. March Plan Commission Minutes of the March Plan Commission Meeting were read by the Clerk. Plan Commission approved the Certified Survey Map and rezoning request for Leo Van Lieshout. Motion by Horkman, second by Van Laanen to table this issue until April 29, 2003 after action on the request to rezone the property to R-1 Residential. Carried.

The Plan Commission approved a Conditional Use request by Bill Roskams for multi-family on the corner of Algoma Road and Jody Drive. A Public Hearing has been scheduled for 7:15 P.M. on April 29, 2003.

Steve Bieda of Mau & Associates and Paul Kosmoski presented the proposed plat. The property lies on the border of the Town of Scott and the City of Green Bay. This plat only includes properties in the Town of Scott. 27 lots are in the plat on Egret Drive, Bay Heights Drive and Sandpiper Court. Minutes of February Plan Commission meeting approving the plat were reviewed. All roads will have temporary cul-de-sacs with asphalt surface. Costs of the storm water system from the Sandpiper retention pond will be shared with the developer at a cost of $10,000. First floor elevations, water flow and culvert sizes will be part of the engineering plan. Lot 95 will include an easement for storm water storage and flow. Motion by Schauer to approve the Preliminary Plat of Bay Heights 7th Addition with the condition that lot 95 have an easement for construction of a storm water retention pond as approved by the Town of Scott Engineer. Second by Jacobs. Carried.

Mike Soletski presented the proposed road layout for the plat. He reported that he has communication from Brown County Plan Commission that the Dept. of Natural Resources has approved the Sewer Service Area Plan. Plans are to start developing from the north along Fischer Road. Motion by Horkman to approve the plan. No second. Motion failed. Discussion followed on the need for curb and gutter and storm sewer for new subdivisions. Mike McFarlane of the Brown County Park Commission indicated that he will shortly have a plan for Brown County involvement in the Wequiock Creek area. Property in the rear of each of the lots beginning at the tree line will be zoned conservancy. Motion by Horkman, second by Jacobs to approve the Wequiock Creek Estates Area Development Plan.

A proposed Certified Survey Map for Mike Basten property on Debra Ann Drive was presented by Surveyor Dick Huxford. A Certified Survey Map for this property was approved by the Town Board in 1998. The CSM was not registered with Brown County. The original CSM has been modified with an outlot on the east end to provide accommodation for a future road. Motion by Horkman, Second by Van Laanen to approve the revised Certified Survey for Mike Basten on Debra Ann Drive with the approved outlot. There will be a cul-de-sac on the east end and the road will be paved by the fall of 2003. Motion carried.

Paperwork has not been completed on the transfer of property to accommodate dedication of Gersek Quarry road as a Town Road. The following tasks need completion:

1. Appropriate deeds transferring the property to the Town of Scott need to be completed within 14 working days.

2 Deficiencies of the road need to be quantified by the Town Engineer and completed and paid for by Gersek.

3. The road is to be maintained by the Town with costs reimbursed by Gersek as long as the quarry is operating.

Schauer will prepare a letter to Gersek outlining all items needing completion.

Motion by Schauer, Second by Horkman to table the issue of accepting this road as a Town of Scott road until appropriate property transfers have been completed, deficiencies quantified and a letter of understanding from Gersek on future road maintenance. Carried.

The following is a progress report of work items pending completion:

1. The Brown County Sewer Service Area Plan has received DNR approval and should have Brown County approval within 2 weeks.

2. Rich Swiontek presented a conceptual plan for a storm water study. There would be 20 buildings with 7 units each with access to Nooyen Lane. He indicated that it is normal for this type property to be rezoned before a storm water study is completed.

3. Davister's are concerned about traffic in front of their home on Nooyen Lane and access to property to the north. It is clear that Davister's own 2 feet of property between Nooyen Lane and "Let It Be Unlimited" property to the west. Work is progressing between attorneys and Title Company.

4. Storm water retention ponds will be needed but are not designed as of yet. They will be located between the Wequiock Creek and the proposed development.

Discussion followed with the following as "work-in-progress" to be completed

1. Resolution of access to Nooyen Lane and property rights of Davister's.

2. Storm water study must be completed to satisfy DNR and Town of Scott.

Motion by Schauer, Second by Horkman to table the rezoning request until April 29, 2003 pending resolution of Davister land use issue. Carried.

Motion by Schauer, Second by Horkman to suspend rules and allow public input. Carried

A. Request for clarification on the Basten CSM. If a future road is installed, where would

it be located.

B. Concerns were expressed about the size and elevation of the culverts on the road to the

Gersek Quarry.

C. Do all subdivisions require curb and gutter?

D. Gersek has old earth mover equipment tires on the quarry property. They contain

stagnant water which can be a breeding ground for Nile virus mosquitoes.

Motion by Van Laanen, second by Jacobs to return to the agenda. Carried.

Blasting results from all quarries were reviewed. All blasts were within limits of the ordinances. Viking Explosives has begun blasting in the Gersek Quarry. Discussion followed on the use of electronic actuators that could be used to set off blasts. Motion by Schauer, second by Harris to have all blasters plan to use electronic blasting actuators. Carried.

A. Update on Central Brown County Water Authority. This item needs to be on the agenda after the Boundary Agreement is complete to determine if membership should continue. The authority is evaluating the size of the pipe to Lake Michigan and continued testing of Acquifer Storage Recovery. The new Town Board should evaluate who should represent the Town of Scott.

B. Boundary Agreement. Attorney's for the Town and City are preparing a presentation to Judge Dietz. and determining posting requirements of the agreement.

C. SH57 Construction. Church Road east bridge construction is in progress. Bypass road is in use. Bridge to be completed in April. Church Road west is closed until completion of paving for safety reasons. All northbound traffic north of SH54 intersection will be routed into the southbound lane.

D. Notification has been received from the Brown County Surveyor that they require notification 30 days in advance of any Town of Scott road construction that could impact survey markers.

E. Brown County Sewer Service Area Plan has been approved by the Department of Natural Resources. Engineering evaluation is required of any projects that require sewer service to determine if adequate interceptor capacity exists.

F. Charter Town Bill. An Assembly Committee will be holding a public hearing on a bill to allow certain towns to be designated Charter Towns. These towns would have the authority to create Tax Increment Financing Districts and with a 24 hour police department have border protection. The Town will be represented at the hearing.

G. Brown County Solid Waste will be holding a meeting on the operation of the Solid Waste transfer station operation.

H. The culvert on Bay Settlement Road south of Algoma Road is plugged.

Treasurer Richard DeBauche reported a balance on hand of $217,428.51. This agreed with the Clerk's balance. Receipts of $96,673.02 and disbursements of $103,621.07 were reported. Motion by Schauer, second by Jacobs to receive and place the Treasurers Report on file. DeBauche reported that the fire truck loan has been renegotiated for 5 years at 3.5%

Motion to adjourn by Van Laanen, Second by Horkman. Carried. Adjourned at 9:15 P.M. Next meeting is May 5, 2003 at 7:00 P.M.

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Donald L. Gibson, Clerk.