TOWN OF SCOTT, BROWN COUNTY, WISCONSIN

MINUTES OF TOWN BOARD MEETING (0612)

AUGUST 8, 2006

1.  Call To Order

            The August 2006 Monthly Town Board Meeting was called to order at 7:00 P.M. on Tuesday August 8, 2006 in the Town Hall by Chairman Mike Van Lanen.  Present were Chairman Mike. Van Lanen, Supervisors Cyril Van Laanen, Kenneth Jacobs, Colleen Harris, Tom DePas, Clerk Don Gibson, Treasurer Richard DeBauche, Planner Dave Cerny and Constable Jerry Charlier.

2.  Affidavit of Posting

            The Clerk presented the Affidavit of Posting which stated that the agenda was posted on August 4, 2006.  Motion by Jacobs, second by C. Van Lanen to approve and file the Affidavit of Posting.  Vote: Aye-5,  No-0.  Carried.

3.  Review/Take Action on Minutes of Previous Meetings.

            A.  July Town Board Meeting.  Minutes were read by the Clerk. Motion by C. Van Laanen, second by DePas to approve and file the minutes as read.  Vote: Aye-5, No-0.  Carried.

            B.  July Plan Commission Meeting.  Minutes were read by Bill Roskams.  Motion to accept and file the minutes as read.  Vote: Aye-5, No-0.  Date for hearing on Preliminary Subdivision Plot  for Scotland Meadows.is August 29, 2006.

4.  Reports by Engineer, Clerk and Planner/Zoning Administrator.

            A.  Engineer.  Jeff Frease request to modify landscaping in ditch has been reviewed.  Proposal is approved.  Permit must be obtained before construction can begin.

                  Sussex Road use of right-of way has been inspected and is approved as inspected.  The permit should be finalized.

            B.  Clerk.  Coastal Management Grant approval has been received.  Paperwork was provided for Clerk and Treasurer.

                    Letter of Credit has been received from Mark VandenPlas to cover the costs of construction of roads and cul-de-sac.

                    Van Deusen Liquor License transfer at "Off the Hook" is in order.  License will be issued at the next town board meeting.

                     Request for a Sign Permit has been received for property on northeast corner of Champion Road and SH57.  Zoning will be reviewed.

            C.  Planner/Zoning Administrator.  Ditch has been filled in in the vicinity of 3312 Bay Heights Drive.  Obstruction will be removed when culvert is installed.

            Area Development Plan for Scotland Meadows Subdivision needs to have hearing and approval.

            WM Development has requested rezoning of property formerly owned by Lucille Nooyen Estate to R-1 Residential.   Planned Unit Development will require a hearing in the future.

5.  Public Comments and Suggestions From Those Present

            A.  Arnold DeGrand  Culvert and cleanout pipes on Bay Heights Drive were removed from his property.   Bitters property is draining toward the culvert.  Smell of manure spread on farm field is bad at south end of Bay Heights Drive.

            B.  Rollie Ducat   Asked who owns property across SH54 from his property.  What can be done about weeds and drainage.  What can be done to get more information and service from Drainage District #4?

            Ken Hendrickson.   Provided an explanation of how Drainage District #4 is organized, requirements to make changes and procedures to follow to proceed.

            Larry Rand  Drainage District #4 boundaries as mapped are wrong.

            Motion by M. Van Lanen, second by C. Van Laanen to return to agenda.  Carried.

6.  Specific Items for Discussion and Possible Action.

            A.  Public Hearing on Vacating A Portion of Wequiock Road Right of Way.

            Notice of hearing was read by Chairman.  Clerk provided a summary of the request.  The area in question was part of a road right of way to serve properties below the escarpment prior to the mid 1940's.  Van Lieshout Lane was construct on a property line.  The new road elimninated the need for this portion of the right-of way of parcel SC-287 

            Owner of the property Robert Marchand explained that he had been gifted this property from his ancestors and it included the access to Van Lieshout property which is no longer in use.  Plan Commission approved this proposal.  No adverse comments were received from the public.. 

            Motion by Jacobs, Second by M. Van Lanen to close the hearing.  Vote: Aye-5, No-0.  Carried.

            B.  Reolution 2006-08-01 Vacating Portion of Wequiock Road Right of Way.

            Resolution approving vacating a portion of the Wequiock Road right-of-way as defined on the Certified Survey Map was reviewed by M. Van Lanen. Motion by Jacobs, second by C. Van Laanen to approve Resolution 2006-08-01 vacating portion of Wequiock Road right-of-way.  Vote: Aye-5, No-0.  Carried.

            C.  Ordinance 2006-08-02 Sec. 13 of Municipal Code to Create a Municipal Court

            M. Van Lanen provided a summary of the proposed agreement  between eight towns regarding the organization and administration of a proposed Municplal Court. Motion by M. Van Lanen, second by Harris to approve the Agreement for the Operation of Brown County Joint Municipal Court.  Vote: Aye-5, No-0.  Carried.

            M. Van Lanen reviewed  Ordinance 2006-08-02 to create Section 13 of the Municipal Code of the Town of Scott per SS66.0301 to Create a Joint Municipal Court. Motion by M. Van Lanen, second by Harris to approve Ordinance 2006-08-02 to Create Sec 13 of the Town of Scott Municipal Code to Create a Joint Municipal Court. Vote: Aye-5, No-0.  Carried.

            D.  Hackberry Court Road Construction Bid  Review

            M. Van Lanen reported that the Town of Scott has been awarded a Town Road Improvement Program grant of approximatrely $13,000.  One bid has been received at a price exceeding the budget allocation for the project.  Motion by M. Van Lanen, second by Jacobs  to reject the bid and rebid it in conjuction with Bay Settlement Road construction in spring of 2007. Discussion followed on the potential use of materials from the exixting Bay Settlement Road in the Hackberry project.  Vote: Aye-5, No-0.  Carried.

            E.  Sanitary Sewer Extension--Debra Ann Drive.

            M. Van Lanen read the letter from Pat Bienzen requesting installation of an extension of the sanitary sewer and water lines on the east end of Debra Ann Drive prior to paving. He stated that the extension of a sanitary sewer is a Sanitary District issue and should be referred to them.  No action taken.

            F.  Debra Ann Drive Paving.

            Pat Bienzen stated that he wants to pave the currently used portion of Debra Ann Drive as was requested by the Town Board.  Engineering review must be done to include radius of turn from Deprey Street and storm water management. Cerny stated that the original motion by the Town of Scott Town Board should be reviewed in order to determine the appropriate paving requirements.Specifications should be determined by Town Engineers.

            G.   Ordinance 2006-08-03 Recodification of Municipal Code to include Section 12 on Stormwater Management.

            Ordinance 2006-08-03 was reviewed by the Clerk.  It authorizes creation of Chapter 12 of the Municipal Code regarding Stormwater Management.  Storm Water Management Ordinance was approved at previous meeting. Motion by M. Van Lanen, second by DePas to approve Ordinance 2006-08-03.  Vote: Aye-5, No-0.  Carried.

            H.  Scott Sanitary District Commissioner Appointment

            M. Van Lanen presented a resume of Jeff Zlatohlavek for the position of Commissioner for Scott Sanitary District #1 to replace Wayne Dequaine..  He has experience as a civil engineer.  Motion by Jacobs, second by C. Van Laanen to appoint Jeff Zlatohlavek to complete Wayne Dequiane's term as Commissioner for Scott Sanitary District #1 to expire  March 31, 2011.  Vote: Aye-5, No-0.  Carried.            I.    Scott Water Utility Commissioner Appointment.

            M. Van Lanen recomended Larry Skaletski as a candidate for Commissioner for the Scott Water Utility District..  Larry has many years experience in sewer/water construction/maintenance.  Motion by Jacobs, second by DePas to appoint Larry Skaletski as a Commissioner for the Scott Water Utility District to complete Wayne Dequain's term to expire on  December 31, 2009  Vote: Aye-5, No-0.  Carried.

            J.  Daanen and Janssen Request to Maintain the Deep Well.

            M. Van Lanen summarized the situation wherein Daanen and Janssen was given a permit to expand their non-metallic mining operation to the southeast with the condition that the house on the property be removed and the well be filled.  The house has been removed.   Daanen and Janssen has requested that they be allowed to keep the well.  Legal opinion is that Daanen and Janssen cannot do non-metallic mining in this area unless the permit is revised. Motion by M. Van Lanen, second by DePas to inform Daanen and Janssen that they cannot conduct non-metallic mining operations in the southeast expansion area and that they should revise their request for renewal of their permit for this area. when permit renewals are filed in November of 2006. The Town also will require verification that the well was improved to current standards and that water has been sampled and determined to be safe. Vote: Aye-4, No-1.  Carried.

            K.  Rubbish/Recycling Contract.

            The three year contract for rubbish and recycling handling and disposal with Waste Management expires on September 30, 2006. Waste Management has submitted a proposal with a significant rate increase. Proposals for services will be requested from other contractors.  Issue will be reviewed at Special Town Board meeting on August 29, 2006.

            L.  Fund Transfer--$6,000 from General Fund to Election Expense.

            Equipment to assist people with disabilities to vote is required by State law.  The State of Wisconsin will provide up to $6,000 to purchase the needed equipment.  Town of Scott  funds must be used to purchase the equipment.  After the invoice has been paid, a refund can be applied for. $6000 transfer is needed now to pay for the equipment which has been received.  Motion by DePas, second by C. Van Lanen to transfer $6,000 from the General Fund to Election Expense.  Vote: Aye-5, No-0.  Carried.

            M.  Crack Filling--Edgewater Beach Road and Jody Drive.

            A proposal to fill  cracks on roadways on Edgewater Beach Road and Jody Drive has been received from Asphalt Specialists.  Motion by M Van Lanen, second by DePas to award a contract to Asphalt Specialist to fill cracks on Edgewater Beach Road, Jody Drive, Jake Drive Settlement Heights, Rebbecca Ann Drive and Inverness for a cost not to exceed $5,000.  Vote: Aye-5, No-0.  Carried.

            N.  Royal Scot Stormwater Management

            DePas provided a summary of information concerning ponds and navigable streams in the Royal Scot Golf Course.  Discussion followed regarding Town of Scott's responsibilsity and permit requirements. Property owners are composting materials near the stream and there is no buffer on the ponds to reduce infiltration of contaminants. 

            Motion by M. Van Lanen, second by Jacobs to allow public comment. Vote: aye-5, No-0. Carried.

            Larry Rand--Royal Scot Golf Course stated that two subdivisions have been developed after the golf course was constructed. He questioned whether storm water plans were completed prior to construction. Ditch along Placid Way is overgrown.  Is a developer required to channel water appropriately.

            Bill Roskams stated that Greg Joski had to purchase an easement to get water from subdivision to navigable waterway.

            Larry Rand stated that the Town of Scott has supported work in the past to improve drainage to the north.

            Motion by Jacobs,Second by C. Van Laanen to return to agenda. Vote: Aye-5, No-0.  Carried.  .D. Cerny  asked what are Town of Scott responsiblities under current DNR regulations. What properties are in drainage District #4.  Where does their water flow.  No Action taken.

            O.  Right-of-Way Use--Time Warner Cable.

            Time Warner has requested use of the right of way to install cable TV on Bay Settlement Road from Church Road to Van Lanen Road to  Bay Heights Subdivision.  They have paid the require fees.  .Motion by M. Van Lanen' second by Harris to approve Time Warner request to use right-of-way for installation cable services. Vote: Aye-5, No-0.  Carried.

7. Communications

            A.  Sewer Service Area Amendment.  Sewer Service Area expansions have been approved.  Notices will be provided to all affected parties.

            B.  Wnid Turbine Site Legislation.  Proposed wind turbine site legislation was discussed.  It will be referred to Plan Commission.

            C.  Road Maintenance.  Brush cutting in right-of-way,shouldering and ditching plans were reviewed.  Water line repairs on Sandpiper Way should have been bored rather than open cut. Chairman will meet with Utility District to review procedures. Street signs are deteriorating.  All will have to be replaced with 6 inch lettering by 2011.  Need to develop a plan.

            D.  Outdoor Burning.  DePas reported that he had met with the Brown County Health Department  and reviewed how they are providing information to local municipalities.  A model ordinance on outdoor wood stoves is available.  Town of Scott Ordinances only allow burning of clean lumber and yard wastes.

Model Ordinance will be forwarded to Plan Commission.

            E.  Hickory Nut Road.  The issue is in Judge Warpinski Court.  Schedule of court actions was reviewed.The Court asked for briefs from affected parties.

            F.  Notice of Claim.  The Wisconsin Dept. of Natural Resources has provided a Notice of Claim to the Town for violations  regarding excavating of sand and zebra mussels without a permit.  Hearing is scheduled for 1:00 P.M. on August 22, 2006.

            G.  Water in Stormwater Retention Pond on Sanpiper Way.

            Conditions in stormwater retention pond were discussed.

7.  Treasurer/Clerk Financial Reports

            Treasurer reported a balance on hand of $118,784.38.  Clerk reported receipts of $338,603.55 and disbursementsof $373,693.81  Motion by M. Van Lanen, second by C. Van Laanen to approve the financial reports.Vote: aye-5, No-0.  Carried.

8.  Next Meeting/Adjournment

            Due to election the next Town Board meeting will be September 11,2006 at 7:00 P.M.   Bay Lake Regional Planning will meet in Town Hall 7:30 A.M.-12:00 Noon on September 20, 2006.Zoning Board of Appeals Aug. 23, 2006 at 7:00 P.M.. Plan Commission on Aug. 24, 2006 7:00 P.M.  Town Board Rezoning and Conditional Use hearing at 6:30 P.M. on Aug.29, 2006.

            Motion to adjourn by C. Van Laanen, second by Jacobs.  Vote: Aye-5, No-0.  Carried.  Meeting adjourned at 10:30 P.M.

                                                                                                            _____________________________

                                                                                                            Donald L. Gibson, Clerk