TOWN OF SCOTT, BROWN COUNTY, WISCONSIN
MINUTES OF MONTHLY TOWN BOARD MEETING(0425)
DECEMBER 6, 2004
1. Call To Order.
The December Town Board Meeting was called to order at 7:00 P.M. on December 6, 2004 in the Town Hall by Chairman Ullmer. Present were Chairman William Ullmer, Supervisors Cyril Van Laanen, Ken Jacobs, Jason Horkman, Mike Van Lanen, Clerk Don Gibson, Treasurer Richard DeBauche, Constable Lee Baenen and Zoning Administrator Dave Cerny.
2. Affidavit of Posting.
The Affidavit of Posting indicating that the agenda for the meeting had been posted as required in three places in the Town and other notifications as requested had been supplied. Motion by Ullmer, second by Horkman to receive and file the Affidavit of Posting. Vote: Aye-5, No-0. Carried.
3. Minutes of Previous Meetings.
November Town Board Meeting Minutes of the November 2004 Town Board Meeting were read by the Clerk. Motion by Jacobs, second by M. Van Lanen to approve the minutes as read. Vote: Aye-5, No-0. Carried.
October/November Plan Commission Meetings. Minutes had been distributed to Town Board Members. Motion by Horkman, second by Ullmer to receive and file as presented. Discussion followed on the need to read minutes at the meeting, Vote: Aye-4, No-0, Abstain-1. Carried.
November Zoning Board of Appeals Meeting. Minutes had been distributed. Motion by Ullmer, second by Horkman to accept the minutes of the Zoning Board of Appeals as presented. Vote: Aye-5, No-0. Carried.
4. Public Input.
Motion by Ullmer, second by Horkman to open the meeting to public input. Vote: Aye-5, No-0. Carried.
--Mark Moreau indicated that he had been requested to provide an easement through his property for an adjoining property owner. He had been informed that if he didn't grant the easement, the Town Board would. What is the role of the Town of Scott Town Board in this type issue? There is a need to define the type easement requested.
Motion by Ullmer, second by Jacobs to return to the agenda. Vote: Aye-5, No-0. Carried
5. Specific Matters for Discussion and Action.
A. Mike Basten Certified Survey Maps. Basten has requested approval of Certified Survey Maps on each side of Debra Ann Drive. Plan Commission denied approval of the CSM's. Discussion followed on the appearance of the two CSM's being comparable to a subdivision. Debra Ann Drive has not been paved and no area development plan defining future road ways has been approved. Motion by Ullmer, second by M. Van Lanen to deny approval of the Mike Basten Certified Survey Maps. Vote: Aye-4, No-0, Abstain-1. Carried.
B. Gerald Schaetz Certified Survey Map. The CSM divides one lot into three lots located on Point Comfort Lane AKA Oak Street. Motion by Jacobs, second by Horkman to approve the Certified Survey Map as presented by Gerald Schaetz. Vote: Aye-5, No-0. Carried.
C. Procedures to Form A Water Utility. Robert Gagan, an attorney from Town Attorney Dennis Duffy's office presented information on procedures to form a water utility District. The Public Service Commission has indictaed that a Town Sanitary District can stay active within a Water Utility District. An application would have to be submitted to the Public Service Commission with a copy to the DNR. Discussion followed on next steps to include determining the size of the utility, position of Sanitary District #1 on their position concerning one water utility and should it extend only to areas that have public sewer.
D. Procedures for Licensing More Than Three Dogs at One Residence.
It was suggested that neighbors should agree if more than three dogs are at one residence. Motion by Ullmer, second by Jacobs to develop a resolution detailing procedures for Town Board approval of requests for more than three dogs at one residence. Vote: Aye-5, No-0. Carried.
E. Dog License Fees for 2005. Discussion followed concerning current license fees in Scott and other communities. Motion by Ullmer to prepare a resolution to change the fees to $9.00 per dog for male or female and $4.00 for neutered dog and $40.00 for a kennel license with Town Board approval. Second by Jacobs. Vote: Aye-5, No-0. Carried.
F. Non Metallic Mining and Blasting Permit for Northeast Asphalt.
All requests for renewals of nonmetallic mining and blasting permits will be reviewed/approved at a Special Town Board Meeting to be held on December 30, 2004. This item will be deferred to that meeting.
G. Status of Sewer Service Area-Louis DeGroot Property
Ullmer read a letter from Scott Sanitary District #1 President Mel Deprey recommending that the Louis DeGroot property be included in the Sewer Service Area. He read comunication from Joel Dietl of the Brown County Plan Commission regarding the fact that Sewer Service Area for the front 250 feet along Fischer Road has been included in the Brown County Sewer Service Area. Discussion followed on the role of the Town of Scott Town Board and the Brown County Plan Commission in allocating Sewer Service Area.
Motion by Horkman, second by Jacobs to suspend the rules and allow public input. Vote: Aye-5, No-0. Carried. Dennis Layton, a developer who is interested in this property stated that allocations of sewer service area is a very complicated process. 250 feet along Fischer Road is not practical because Brown County Highway Commission does not want individual driveways onto a County road. The entire 23 acres needs to be in the Sewer Service Area for proper development to occur. Motion by Horkman, second by Jacobs to return to the regular order of business. Vote: Aye-5, No-0. Carried.
Motion by Jacobs, second by C. Van Laanen to hold a public hearing on the request of Louis DeGroot to include 23 acres into the Brown County Sewer Service Area. Vote: Aye-5, No-0. Carried.
H. Juza Filling/ Earth Excavations. Ullmer reviewed November 18, 2004 Plan Commission Minutes. Legal opinion is that the Town of Scott Zoning Ordinance only applies to excavation and not moving topsoil and filling. Brian Bartels (Engineer from Tom Juza) presented a grading plan and presented status of all required permits. Discussion followed on the need to provide zoning designation to the property inasmuch as it was transferred from the City as part of the boundary agreement. The Town of Scott Zoning Ordinance should be amended to include
" fill" in the excavation chapter. An area development Plan and rezoning activity muct be acccomplished.
I. Winter Road Maintenance Contract With Brown County. A proposed contract detailing level of services and hourly costs for winter road maintenance for Town of Scott roads has been received from Roger Kolb, Brown County Highway Commissioner. Motion by Horkman, second by Ullmer to approve the proposed contract for winter road maintenance. Discussion followed on the advisability of the County doing other road maintenance, the length of the contract and the need to bid road repairs. Vote: Aye-5, No-0. Carried.
J. Private Work--Plowing of Driveways. The Town of Scott has a policy of not plowing personal driveways.
K. Wayne Boucher Request to Vacate Hickory Nut Lane. Discussion followed on the options to extend or vacate the Town Road portion of Hickory Nut Lane. Januray 6, 2005 at 7:00 P.M. was determined to be the date for an information meeting to hear all relevant data on this issue.
Motion by Horkman to suspend rules to allow public input. No second. Motion failed.
L. Status of Construction in Bay Heights Subdivision. Status of road and utility construction in the 7th Addition of Bay Heights Subdivision. Many issues remain to be completed, regarding trafific ability of the road, cul-de-sac review, water shutoffs and erosion control. Motion by Ullmer, second by M. Van Lanen to direct the Clerk and the Building Inspector to not issue any building permits until the deficiencies are corrected. Vote: Aye-4, No-0, Abs-1. Carried.
M. Sign For Town Hall. Discussion followed on an proposal to place a sign at the corner of Algoma Road and Jody Drive. Scott Sanitary District #1 has indicated that they are not interested in a sign. Motion by Ullmer, second by Horkman to take no action on a sign. Vote: Aye-5, No-0. Carried.
N. David Mueller Claim For Damages. Dave Mueller, Leanna Lane submitted a letter on November 22, 2004 requesting compensation for costs he incurred when he was advised by Chairman Ullmer on procedures to fill in a ditch in the right of way in front of his property. David Mueller presented copies of bills detailing expenses and explained the backgroud of previous requests and work completed in 2003. Discussion followed on options to settle the claim. Horkman made a motion that David Mueller give up all legal recourses for damages for a settlement of $2,730.00. No Second. Motion failed. Motion by Ullmer, second by M. Van Lanen to deny payment of the claim. Vote: Aye-4, No-0, Abs-1. Carried.
O. Request for a Pond- Robert Limoni-Bay Settlement Court. Plan Commission has reviewed and approved the request for a pond on property owned by Robert Limoni on Bay Settlement Court. Motion by Jacobs, second by C. Van Laanen to approve the request for a pond. Vote:Aye-5, No-0. Carried.
P. Resolution 2004-12-1 Purchase of Property. Motion was made at the Special Town Meeting held in November authorizing the Town Board to consider purchasing property adjacent to the Town Hall. Resolution 2004-12-01 was presented approving necessary actions to purchase the property. Motion by C. Van Laanen, second by Jacobs to approve the resolution as presented. Vote: Aye-5, No-0. Carried.
Q. Discussion on Purchase of Other Property. Property is being considered for future fire department expansion. No action taken.
R. Fee Increases for Bldg Permits, Plan Commission Actions and Zoning Board of
Appeals Hearings.
Recomendations made to increase Building Permit fees by $.01 per square foot, Plan Commission hearings by $100.00, Zoning Board of Appeal Hearings from $100 to $300 and Subdivision plats from $250.00 to $500.00. Motion by Ullmer, second by Mike Van Lanen to change the above mentioned fees by resolsution of the Town Board. Vote:Aye-5, No-0. Carried.
S. Voting Rights of Plan Commission Members. Discussion followed on the number af Plan Commission members who may vote on issues. The Plan Commission is a 5 member group. 5 people vote. Alternates will be paid if in attendance.
7. Reports by Town Officers and Committees.
1. Recycling Center on Bertrand Lane will be open for Chrictmas tree disposal from January 8 to Jan 16, 2005.
2. Poll Worker appoiontments for 2005 and 2006 need to be made before December 31, 2004.
3. Rubbish Collection fees are increased $.26 per household effective December 1, 2004 per contract.
4. Resolution by Brown County Board that they have adopted the Comprehensive Plan.
8. Treasurer/Clerk Financial Reports.
Treasurer reported a balance on hand of $56,952.05. This amount matched the Clerk's report. Receipts of $49,369.60 and disbursements of $32,865.33 were presented. Motion by Horkman, second by Jacobs to approve the reports as presented. Vote: Aye-4, No-0, Abs-1. Carried.
Next Meeting/Adjournment.
The year end meeting will be December 30, 2004 at 6:00 P.M. The January Town Board meeting will be held on January 3, 2005. Motion to adjourn by Jacobs, second by Ullmer. Carried.
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Donald L. Gibson, Clerk