TOWN OF SCOTT, BROWN COUNTY, WISCONSIN

MINUTES OF MONTHLY TOWN BOARD MEETING(0317)

AUGUST 4, 2003

The August 2003 Monthly Town Board Meeting was called to order at 7:00 P.M. on Monday August 4, 2003 in the Town Hall by Chairman William Ullmer. Present were Chairman Ullmer, Supervisors Cyril Van Laanen, Kenneth Jacobs, Colleen Harris, Jason Horkman, Clerk Don Gibson, Treasurer Richard DeBauche and Constable Matt Van Laanen

2. Take Action on Affidavit of Posting. Notices of meeting were posted on July 31, 2003. Motion by Ullmer, second by Jacobs to approve and file the Affidavit. Carried.

A. July Town Board Meeting. Motion by Jacobs, second by Horkman to approve

as read. Carried.

B. Monthly Plan Commission Meeting. Plan Commission approved the rezoning

request of Jim Hujet. Hearing set for 7:00 P.M. on August 26, 2003.

` C. Zoning Board of Appeals. Appeal of Robin McMillan approved.

Motion by Ullmer to suspend the rules of order and allow for general public input. Second by Van Laanen. Carried.

A. Tom DePas--The four Sanitary Districts should be combined into one utility district with Scott Sanitary District #1 as the base for water supply.

B. Larry Keyser--He is opposed to expansion of the Gersek Quarry because of concerns

about environmental issues and concerns about the damage to wetlands. A reclamation

plan is needed..

C. Lee Kornaus--Expressed concerns about the proposed culvert crossing Champeau

Road in the vicinity of his home that would convey storm water through his drainage

system. Water collects in the ditches on both sides of the road but is gone in a couple

of days. Other options to resolve the issue should be explored. The Town Board

should rescind the motion made earlier that authorized the culvert.

D. Richard Julliane--Concerned about major flooding in the vicinity of Loon Lane about

6:40 P.M. on August 3, 2003 during and after a heavy rainstorm. The berm to a retention pond was holding water back and causing it to flood their yard and their basement. Concerned about who the engineer is that designed the pond, and who pays him. Requested that the effectiveness of the storm water system be evaluated.

Discussion followed on the status of the evaluation of the storm water plan, the effect-

ness of buried pipes and the flow of storm water.

E. Mark Lemense--Storm water problems are being experienced on Loon Lane. No new

homes should be built until the problem is solved. When are the cul-de-sacs going to be

surfaced?

F. Jim Junion--Requested that the Town Board change the Nonmetallic Mining Ordinance

to increase the distance from the mining area to the nearest home from 500 ft. to 1000 feet.

G. John Pasterski--Has a land reclamation plan and an environmental study been conducted on the Gersek property? What are procedures to be used in event of a damage claim.

H. Mike Van Lanen--The agenda should be revised to deal with the Dennis DeGreef

blasting complaint before the Gersek Quarry expansion request.

Motion by Jacobs, second by Horkman to return to the agenda. Carried.

Ed Gersek Inc. is requesting a 6.26 acre expansion to the north of the quarry located on

Holland Road. Plan Commission has approved the request and a public hearing has been

held. Ullmer read the minutes of public hearing and expressed his concerns about expanding the quarry before the reclamation plan is approved by Brown County later this year. 21 people appeared at the public hearing to present input on the expansion request. Ed Gersek presented a plan to use when a blasting complaint is received. Procedures to

develop a reclamation plan were reviewed. The berm installed to reconstruct the wetland is

claimed to be not working. The requirements of the ordinance concerning an expansion

request have been met.

Motion by Van Laanen, second by Ullmer to table the expansion request until further study

is completed on reclamation plans. Vote: Van Laanen-Yes, Ullmer-Yes, Jacobs-No, Horkman-No, Harris-No. Motion denied.

Motion by Ullmer, second by Van Laanen to deny the request for expansion of the Gersek

Quarry due to lack of information on reclamation plans. Vote: Ullmer-Yes, Van

Laanen-Yes, Jacobs-No, Harris-No, Horkman-No. Motion denied.

Motion by Horkman, second by Harris to approve the expansion request with pre-blast surveys to be done on homes in a 1200 foot radius of the quarry and approval of a

Reclamation Plan. Vote: Ullmer-No, Van Laanen-No, Jacobs-Yes, Harris-Yes,

Horkman-Yes. Motion carried by 3-2 vote.

The Border Agreement provides for a Joint Plan Commission of 3 members from Town

of Scott and City of Green Bay to complete planning for areas in the City and Town.

Ullmer presented the following appointments. Dale Herold for a three year term, Norman

Strebel for a two year term and Mary Ullmer for a one year term.

Motion by Jacobs, second by Horkman to appoint the candidates to the Joint Plan Commission as nominated. Ullmer abstained from voting. Vote Yes 4, No-0 Carried.

A. Kyle Barnes--Tabled until area development plan is completed.

B. Jim and Mary Hujet--5 Acre Certified Survey Map. Motion by Horkman, second

by Jacobs to approve the CSM. Vote Yes-5, No-0. Carried.

C. William Roskams Four Lot Certified Survey Map. Motion by Horkman, second

by Ullmer to approve the CSM. Vote: Yes-5, No-0. Carried.

Legal documents from a court hearing in 1989 indicate that 165 feet of Hickory Nut Road easterly from the intersection with Edgewater Beach Road is dedicated public road. Wery Road is the dedicated right of way for access to the Collier and Mason property.

A complaint has been received from Dennis DeGreef concerning a blast in the Gersek Quarry at 9:35 A.M. on June 25, 2003. His well water became cloudy. He was unable to contact Gersek to authorize Envirogen to get water tested. He requested that procedures be established to eliminate this type of communication problem in the future. Gersek provided a written procedure that would allow the Town Board to get involved and get testing done in this type of situation.

Motion by Jacobs, second by Ullmer to authorize the Town Board to use the procedure outlined in the letter from Gersek to cause investigations to be conducted when damage claims are presented. Responsibility for expenses is to be determined. Vote: Yes-5, No-0. Carried.

Motion by Van Laanen, Second by Ullmer to refer the Dennis DeGreef complaint to a

Evidentiary Hearing on August 26, at 7:00 P.M. in the Town Hall.

Complaint has been received from Craig Charles that Jim Conard has been using his well water to fill his pond in the vicinity of 4550 Nicolet Drive. A stipulation in the Conditional Use Permit for the pond prohibited using any well water in the pond. Ullmer presented a history of procedures to approve the pond and investigations into complaints that he performed beginning in May. Water was observed running from the well about two weeks ago and the pump was turned off. Water was also pumped to purge the system after the plumbing in the house under construction was installed. The PVC pipe running from the well to the pond is removed. The situation has been monitored and no further occurrences of water being pumped to the pond have been observed.

Motion by Ullmer, Second by Horkman to open meeting to public input. Carried.

A. Crystal Jacqmin--Benderville Road, stated that their well water quality is bad and the

pump had to be lowered to maintain an adequate supply.

B. Bruce LaPlant--Benderville Road. His well went dry in July. Never before.

Ullmer reported that the Dept. of Natural Resources helped design the pond as part of the SH57 DOT project. The pond was dug to provide fill for SH57 construction. DNR estimated that it would take about 18 months for the pond to fill.

Motion by Horkman, Second by Ullmer to return to the agenda. Carried.

Discussion followed on the conditions that are stipulated in the Conditional Use Permit for the pond.

A title search is underway to determine the rightful ownership of the property in question. No further action taken. Pending legal opinion.

Dave Cerny presented a critique of the major points of the ordinance and provided a map showing the location and visibility of all towers in and near the Town of Scott. Motion by Ullmer, Second by Horkman to adopt the Communication Tower Ordinance with towers to be treated as conditional use with meaningful setbacks as determined by the Plan Commission based on the Zoning District. Carried.

Motion by Horkman, Second by Jacobs to table the issue until the September meeting.

Ullmer reviewed report by Building Inspector Dale Fidler indicating that the building appears to be a new building rather that a remodeled building. The existing building was a non-conforming use due to sideyard and right of way setback variances. Building permit was issued to repair and remodel existing building which was an eyesore. The old building was removed and a slab was poured over the existing foundation. A new building was constructed on the site to the exact dimensions of the old building. No other location was available due to location of other outbuildings and sewage disposal system location. Motion by Ullmer, second by Horkman to refer the issue to the Zoning Board of Appeals and to obtain a waiver of damages from Dan Smith. Carried.

Edwin Lane is a one lane 70 foot right of way road to one house. Discussion followed on the future development of Kyle Barnes and Jim Conard property. Motion by Horkman, Second by Harris to table the issue. Carried.

A. Blasting results were reviewed. Blasting is being conducted in the Gersek Quarry. No ordinance violations are noted. Concerns expressed about increasing noise levels.

B. Paving on SH 57 is continuing and may close Van Laanen Road for a day.

C. Road maintenance and construction continues. Wedging is completed and chip

sealing is progressing.

Treasurer DeBauche reported a Balance on hand of $128,845.40. Clerk Gibson provided a summary of receipts of $30,350.95 and disbursements of $75,292.02. A to date budget vs. actual comparison of receipts and expenditures was reviewed. Motion by Horkman. Second by Jacobs to accept the Treasurer's report and approve the receipts and disbursements.

18. Next Meeting/Adjournment

Due to Labor Day on the first Monday of September, the Town Board Meeting will be on Tuesday September 2, 2003. Motion to adjourn by Horkman, second by Jacobs. Carried.

__________________________

Donald L. Gibson

Clerk, Town of Scott