TOWN OF SCOTT, BROWN COUNTY, WISCONSIN

MINUTES OF FEBRUARY 2005 MONTHLY MEETING(0431)

FEBRUARY 8, 2005

The February 2005 Monthly Town Board Meeting was called to order at 7:00 P.M. in the Town Hall by Chairman Ullmer. Present were Chairman William Ullmer, Supervisors Cyril Van Laanen, Kenneth 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 Clerk reviewed the Affidavit of Posting which indicated that the agenda had been posted in three locations in the Town.

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

A. January Town Board Meeting. Minutes of the January 2005 Monthly Town Board

Meeting were read by Clerk Ullmer requested that the vote on the Treasurer's Report be shown as Aye-4 and No-0. Motion to approve the minutes as amended by Horkman, second by Ullmer. Vote: Aye-5, No-0. Carried.

B. January Plan Commission Meeting. Minutes of the Plan Commission January 2005

meeting were reviewed and filed. A public hearing is required for the proposed Area

Development Plan south of Church Road and east of SH57.

C. Zoning Board of Appeals. No meeting was held.

Motion by Ullmer, second by Van Laanen to suspend the rules of order to allow for public input. Vote: Aye-5, No-0. Carried.

A. Bill Ullmer noted that Bob Schlagg, Chairman of Bellevue and representative for the

Town of Scott was present. His term is up for renewal but was omitted on this agenda. It

will be on the March agenda.

B. Bill Schuler asked if it is possible to spray 40 acres of land in Point Comfort area for

gypsy moth. M. Van Lanen explained that the deadline to request DNR support was

December 1, 2004. He was referred to the Brown County Coordinator.

C. Ron Tillmann wanted to inform the Town of Scott that he is interested in purchasing

any of the Romuald property that the Town of Scott may not need.

D. Ted LaVaque asked if there are any codes that exist relative to the use of surveillance

cameras.

E. Lee Baenen stated that the people who had an unruly dog have moved.

F. Ken Jacobs asked what can be done with zebra mussel shells. Contact the DNR

Motion by Ullmer, second by M. Van Lanen to return to agenda.

A. Snow Plowing Procedures Discussion followed on equipment breakdowns and delays

in completing snow removal. The option of asking Brown County for two plows and revised procedures to make all roads passable earlier will be explored.

B. Revisions to Chapter XX Excavation Ordinance Revisions to Chapter XX Earth Excavations to include filling operations were reviewed. Discussion followed on the need to include the Town Board in the approval process. Item C-1 should include that the Plan Commission should make a recommendation to the Town Board for approval. Item C-4 should include the Town Board in the approval process and Item H-5 should include the Town Board and Zoning Administrator as being allowed to inspect the site. Motion by Horkman, second by Ullmer to incorporate the changes and hold a public hearing on amendments to Chapter XX Earth Excavations. Vote: Aye-5, No-0. Carried.

C. Procedures to Approve and Accept Culverts and Driveways. Jacobs reviewed problems with culverts and driveways where drainage was interrupted and culverts were not installed properly and had to be replaced. Motion by Jacobs, second by Ullmer to table the issue until the issue is reviewed with the Building Inspector. Vote: Aye-5, No-0. Carried.

D. Bay Heights 7th Addition Building Permits. Correspondence concerning completion of the utilities and roads in Bay Heights 7th Addition was reviewed. Milton Bielinski reviewed the work that he had completed to include road repairs and sewer line inspections. All meet the standards of the contract. Mr. Bielinski stated that he had never received any communications relating to the discrepancies. All work other than the paving has been completed. Paving will be done in 2005. Motion by Ullmer to lift the moratorium for building permits in Bay Heights 7th Addition. Second by Jacobs. Vote: Aye-5, No-0. Carried.

E. Representation on the New Franken Fire Department Commission. Ullmer presented a resolution proposing procedures to determine who represents the Town of Scott on the New Franken Fire Department Commission. Discussion followed to clarify procedures. Motion by Ullmer, second by Horkman to table the issue until the March Meeting. Vote: Aye-4, No-1. Carried.

F. Resolution 2005-02-01 Borrow $133,000 to purchase property. Ullmer reviewed a resolution authorizing the Town of Scott to borrow $133,000 for the purpose of procuring property adjacent to the Town Hall. Motion by Ullmer, second by M. Van Lanen to approve Resolution 2005-02-01 as presented. Vote: Aye-5, No-0. Carried.

G. Compensation for Commissioner/Secretary of Bayshore Sanitary District.

The Bayshore Sanitary District took action to have the Commissioner Secretary do the bookkeeping and billing. Royal Scot Sanitary District pays $200.00/month for similar service. The previous accountant was paid $150.00 per month. Motion by Ullmer, second by M. Van Lanen to set the compensation for bookkeeping for the Bayshore Secretary at $200.00 per month in addition to the Commissioner salary. Vote: Aye-4, No-0, Abs-1. Carried.

H. Procedures for Authorizing Town Correspondence. All correspondence relating to Town of Scott matters should have concurrence of the Town Board before it is sent out.

I. Status of Louis DeGroot Property Sewer Service Area. The following items were discussed on this issue:

1) The Town of Scott Attorney has requested that the Town be excluded from the Liimatta

summons.

2) If Sewer Service Area is not available, DeGroot can still develop with on site systems

and 1.5 acre lots.

3) Sewer Service Area does not fit with Comprehensive Plan. Liimatta did not request

sewer service. It was installed to support Wequiock Creek Estates.

4) Louis DeGroot would like to sell his property.

5) No further action should take place until the Liimatta court case is resolved.

6) There is no demand for agricultural land in this area. Land to south is developed.

7) Sewer and water lines are installed along Fischer Road. DeGroot's property is

surrounded on all four sides by developed property restricting any further expansion.

Property owners were assessed for utilities without requesting them.

8) The Town of Scott Plan Commission has 90 days to respond to the rezoning request.

9) There is no recommendation that the Town Board should take action to rescind the

previous motion on Sewer Service Area for DeGroot's.

10) Proper procedures need to be put in place to make the assessments legal.

J. Resolution 2005-02-02 New Franken Fire Department Facilities. M. Van Lanen presented a motion supporting expanding the facilities of the New Franken Fire Department to include another fire station. Motion by M. Van Lanen to approve Resolution 2005-02-02. No second. Motion failed. Discussion followed on the impact of a second station on improving response times inasmuch as there have been no complaints about response. Concerns expressed about some properties being more than 6 miles from the Fire Station.

Motion by C. VanLaanen, second by Horkman to take a 5 minute break at 8:50 P.M. Carried. Motion by C. Van Laanen, second by Ullmer to reconvene at 8:57 P.M.

K. Appointments to Committees/Commissions.

Motion by Ullmer, second by M. Van Lanen to reappoint Cletus Willems to a three year term to the Zoning Board of Appeals to expire 12/31/07. Vote: Aye-5, No-0. Carried.

Ullmer recommended that Wayne Dequaine be reappointed to a 6 year term as commissioner of Scott Sanitary District #1 to expire 2/28/11. Vote Aye-5, No-0. Carried.

6. Communications/Reports.

A. Bridge Fund $77,683 is on hand. County procedures have changed. Need to make

application to Brown County before funds can be expended.

2. Comprehensive Plan Update. Visioning session has been held in January with 70 in

attendance. Plan should be completed in August and published by year end.

3. Restaurant on Bay Settlement Road. Dean Tenor has proposed construction of a

restaurant at the intersection of Bay Settlement Road and Champion Road. The property is a "pre-existing non conforming lot. It can be developed as long as it meets the standards of the General Commercial Zoning. Discussion followed on parking requirements as determined in the zoning ordinance.

4. New Franken Sanitary District Audit Report. New Franken Sanitary District has

submitted the annual report for 2004.

5. Wisconsin Town Association District Meeting Van Laanen, Jacobs, Gibson and

Horkman attended. Composition of Plan Commission to have 7 members, Charter

Town Bill, speed limit and weight limit issues were reviewed.

6. AB 236 Charter Town Bill This bill will be presented to the assembly in the spring

session. It would provide secure borders similar to village status if passed. The Town

of Scott meets most of the qualifying criteria. Motion by Ullmer, second by Horkman

to draft a letter and send it to elected legislators in support of AB236. Vote: Aye-5,

No-0. Carried.

7. Northeast Wisconsin Storm Water Consortium. Communication has been received

concerning membership. Cost is $500.00. Town of Scott is Urban Town and must have a Storm Water Plan and meet DNR criteria for information and education. Motion

by Ullmer, second by Van Laanen to join the NWSWC. Vote Aye-5, No-0. Carried.

8. Workshop on February 25 Concerning Highway Safety. Attendees will by Horkman, Jacobs and C. Van Laanen.

9. Bay Settlement Road Engineering Planning. Meeting will be at 3:30 P.M. on Feb.

21, 2005 in Town Hall to review preliminary plan.

DeBauche reported a balance on hand of $309,997.43. This matched the Clerk's Report

Motion by Horkman, second by Ullmer to approve the Treasurer Report. Vote: Aye-5, No-0. Carried.

The Clerk's summary of receipts of $23,409.05 and disbursements of $74,620.15 were reviewed. Motion by Horkman, second by Ullmer to approve Clerk's report as distributed. Carried.

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8. Next Meeting/Adjournment.

Public hearings on the Amendments to the Excavation Ordinance and the Area Development Plan are scheduled for March 1, 2005 at 7:00 p.m. The next Town Board meeting is March 8, 2005 at 7:00 p.m. Motion to adjourn by Jacobs, second by Van Laanen. Carried.

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Donald L. Gibson

Clerk, Town of Scott