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