TOWN
OF SCOTT, BROWN COUNTY, WISCONSIN
MINUTES
OF TOWN BOARD MEETING (0550)
MARH
14, 2006
1.
Call To Order
The
March 2006 Monthly Town Board Meeting was called to order at 7:00 P.M. on
Tuesday March 14, 2006 by Chairman Mike Van Lanen in the Town Hall.
Present were Chairman Van Lanen, Supervisors Cy Van Laanen, Ken Jacobs,
Jason Horkman, Colleen Harris, Clerk Don Gibson, Treasurer Richard DeBauche
and Planner/Zoning Administrator Dave Cerny.
2.
Affidavit of Posting
The
Affidavit of Posting was presented by the Clerk. Motion by Jacobs, second by
Cy Van Laanen to accept and file the Affidavit as presented.
Vote: Aye-5, No-0. Carried.
3.
Review/Take Action on Minutes of Previous Meetings.
Minutes
of the February 2006 Monthly Town Board Meeting were read by the Clerk.
Motion by Jacobs, second by Horkman to accept and file the minutes as
presented. Vote: Aye-5, No-0.
Carried.
Minutes
of the Plan Commission were presented by Plan Commission Chairman Bill
Roskams. Motion by Mike Van Lanen,
second by Jacobs to accept and file the minutes as presented. Vote: Aye-5,
No-0. Carried.
Status
of Comprehensive Plan Update. Aaron
Schuette has reported that copies of the Comprehensive Plan are being
published. A copy will be sent to
the Department of Administration. An Activities Summary that indicated that
the Plan has been completed and is being printed was submitted to the Dept. of
Administration. Copies should be
available by March 17, 2006.
4.
Public Input
Motion
by Mike Van Lanen, second by Horkman to suspend the rule of order and allow
for public input. Vote: Aye-5, No-0. Carried.
Ted
La Vaque presented concerns about
open meeting requests for records from the Bayshore Sanitary Sewer District
that have not been responded to and for information concerning the employment
of an Attorney at the Bayshore Sanitary District Meetings. The requests have
been made as early as December 5, 2005 and have not been responded to.
Statutes indicate that a response is required in 10 days.
What is the status of
making connections to the GBMSD lines in other parts of the town that have
been denied because Bayshore Sanitary District did not follow procedures as
established by GBMSD. District
Attorney and State Attorney General have been contacted to assist in getting
answers. M. Van Lanen responded that the Town Board has little authority
because the Commissioners are elected. He has contacted District Attorney John
Zakowski and Wis. Attorney General office.
The next step is to petiton a Judicial Action for the records. Ted
LaVaque stated that individuals may be fined as much as $1,000 for denying
access to records. If the Attorney representing the District was not
officially appointed, then individuals may be responsible for his costs.
Jaris
Briskie–A candidate forum for
those candidates for Town Board Supervisor will be held on March 29, 2006 at
7:00 P.M. in Wequiock School.
Motion
by Horkman, second by Cy Van Laanen to return to the agenda.
Vote: Aye-5, No-0. Carried.
5.
Items for Discussion and Town Board Action
A.
Private Well Testing. Brad
Holtz Brown County Land Conservation Department presented information on the
plan to test private home owners wells. Sample
kits will be made available on June 3. The
cost for testing the wells will range from $22 to $90 depending on the number
of tests performed. The samples
will be collected on June 5 and tested on June 6 in Stevens Point. There is a
maximum of 150 samples. The samples should be taken at the pressure tank and
the outlet should be heated. Pamphlets
and posters will be made available.
B.
Grass Cutting at Park in St Killian’s Estates.
One proposal has been received. No notice of request for proposals has been
published. June 23, 05 Town Board Minutes were reviewed.
Bob Nooyen had volunteered to maintain the park until a Park Committee
is formed. No Committee had been formed.
Jacobs will review the issue with Bob Nooyen
C.
Kennel Licenses. Applications have
been received from holders of License 22 and 23 to increase the number of dogs
at the kennel. Owner of Kennel 22
License stated that 4 dogs had been transferred out of state and there is no
need for more licenses.
Motion
by M. Van Lanen, second by Jacobs to allow Public Input.
Carried. The holder of
license 23 stated that former Constable Tony Jonet stated that she had
approval for up to 12 dogs. Constable
Baenen stated that he knew nothing of that agreement.
Motion
by Horkman, second by Jacobs to return to agenda. Carried. Discussion followed on rules to determine the number
of dogs allowed with a kennel license. State
of Wis. Allows 10. Town Board may
increase that number.
Motion
by M. Van Lanen, second by Harris to approve a kennel license of up to 9 dogs
as requested by kennel license 23.Vote: Aye-5, No-0. Carried.
D.
Northeast Asphalt Request for “0" Setback From Contiguous
Quarry. M.
Van Lanen reviewed a letter submitted by Northeast Asphalt requesting that
consideration be given to a request to reduce the 100 foot setback as is
required in the Non-metallic Mining ordinance to 0 feet where two operating
quarries have permitted operations. Legal Counsel has stated that an amendment
to the Non Metallic Mining Ordinance is required.
C.
Van Laanen made a motion to deny the request. No second.
Motion failed. Discussion followed on the impacts on the two quarries and
the need for Plan Commission Review.
Motion
by Jacobs, second by Harris to refer the issue to the Plan Commission and to
allow Plan Commission to contact Legal Counsel if needed. The impact on the
total reclamation plan of both quarries must be considered. Vote: Harris-aye,
Horkman-No, M. Van Lanen-Aye, C. Van Laanen-Aye Jacobs-Aye.
4 Aye, 1 No.
Motion Carried.
E.
Request for Personal Property Tax Refund. Kurt Boulanger 2035
Meadow Links Drive has submitted a letter requesting a refund of $2573.90 in
Personal Property Tax that was paid for property assessed in City of Green
Bay. The property is located at
convenience store on Bay Settlement Road.
Assessor Bob Taicher has indicated that the City of Green By has
included the property on their tax roll. Motion by Mike Van Lanen to refund
$2573.90 to Kurt Boulanger inasmuch as it is not legal to tax property that is
not located in the Town. Second
C. Van Laanen. Vote: Aye-5, No-0.
Carried.
F.
Parking Ordinance. The ordinance as
adopted by the Village of Bellevue was reviewed. Motion by Horkman, second by M. Van Lanen to refer the issue
to the Plan Commission. Vote: Aye-5, No-0.
Carried.
G.
Alternate Members for the Board of Review.
Wis. Statutes require that
alternates be appointed to serve on the Municipality Board of Review in event
that regular members are absent or removed. M. Van Lanen presented Ordinance
2006-03-01 to appoint the following as Alternate Board of Review members for
an indefinite term:: Mel DePrey, Albert Ostermann, Bill Roskams. Steve
Marshall and Elizabeth Gibson. Motion
to approve Ordinance 2006-03-01 by M. Van Lanen, second by Cy Van Laanen.
Discussion followed on the need to set the length of term for each
alternate. Roll Call vote
requested by Horkman. Harris-No,
Horkman-No, Jacobs-Aye, M. Van Lanen-No, C. Van Laanen-Aye. Motion failed.
Motion
by Horkman, second by Harris to eliminate paragraph 2(appointments) and
3(terms) and have appointments made by Town Board at April meeting. Discussion
followed and no vote taken.
Motion
by Horkman, second by Harris to amend the previous motion to change the
proposed ordinance 2006-03-01 to have the terms of the alternates effective
only for the 2006 Board of Review. Vote Aye-5, No-0. Carried.
H.
Building Permit Violation. M.
Van Lanen read a report by Building Inspector Dale Fidler that indicated that a
building had been constructed at 3219 New Franken Road without a building
permit.
There appear to be issues
for resolution. There is no
building permit, no taxes have been paid on the addition since it was
constructed and it may exceed the maximum size for Accessory buildings. Motion
by Jacobs to refer the issue to the Zoning Board of Appeals to determine if a
variance is required. M. Vn Lanen
will provide information to Zoning board of Appeals and Dave Cerny will inform
the property owner of the issues. Vote: Aye-5, No-0.
Carried.
I.
Notice of Intent–Storm Water Discharge Permit. The Dept. of Natural Resources has indicated that the Town of
Scott is an Urbanized Community and must obtain a Storm Water Discharge Permit.
Training on procedures to file a Notice of Intent will be held at the DNR Office
in Green Bay on March 21, 2006. Clerk
and Engineer will attend.
J.
Help America Vote Act Equipment Purchase.
The State Elections Board has
required that all voting sites must have equipment to help disadvantaged people
vote. The State of Wisconsin will
provide up to $6,000 to purchase the needed equipment.
The equipment ordered for the Town of Scott will cost $6,030. Motion by
Jacobs, second by C. Van Laanen to authorize purchase of $6,030 of required
equipment. Vote: Aye-5, No-0.
Carried.
K.
Subdivision Ordinnce. Chapter
11 of Town of Scott Code of Ordinances was adopted in October 2004. Plan
Commission has recommended amendments be made to the ordinance.
Public Hearings on the amendments have been held.
Cerny provided an update of all the amendments that have been approved.
Motion by M. Van Lanen, second by Harris to amend Chapter 11 of the Town
of Scott Code of Ordinances-Subdivision Ordinance. Vote: Aye-5, No-0. Carried.
6.
Communications from Town Board Members/Committees.
A.
Scott Sanitary District #1 Audit Report.
Scott Sanitary District #1 has provided an audit report for 2005.
Motion by Jacobs, second by Horkman to receive and file the audit report.
Vote: Aye-5, No-0. Carried.
B.
Board of Review and Open Book. Assessor
Robert Taicher has indicated that the Open Book Session will be held on April
24, 2006 from 3:00 to 5:00 P.M. and the Board of Review will be held on May 22,
2006 from 4:00 to 6:00 P.M.
C.
Zoning Ordinance Update. Cerny
reported that the Plan Commission is holding extra meetings to complete the
update of the Zoning Ordinance in support of the Comprehensive Plan.
D.
Status of Hickory Not Road. A
scheduling conference will be held before Judge Warpinski on March 23, 2006.
Attorney Duffy will be in attendance.
E.
Road Maintenance Training. M.
Van Lanen and Jacobs will attend. Motion
by M. Van Lanen, second by C. Van Laanen to approve payment of costs of training
and per diem for attendance.
F.
Annual Meeting/April Meeting. The
Annual Meeting is scheduled for the second Tuesday in April(April 11).
The April Town Board meeting will be held on Monday April 10, 2006.
7.
Clerk/Treasurer Report
Treasurer
reported balance on hand of $413,716.96 which matches the Clerks balances.
Motion by Horkman, second by Jacobs to accept the Treasurer’s Report.
Vote: Aye-5, No-0. Carried.
Clerk
reported receipts of $12,214.16 and disbursements of $129,276.57.
Motion by Jacobs, second by C. Van Laanen to approve the Clerk’s
report. Vote: Aye-5, No-0.
Carried.
8.
Adjournment
Motion
to adjourn by Jacobs, second by Horkman to adjourn. Vote: Aye-5, No-0.
Carried. Meeting adjourned at 9:20 P.M.
__________________________.
Donald
L. Gibson, Clerk