MINUTES OF REGULAR TOWN BOARD MEETING(0535)
NOVEMBER 8, 2005
1. Call To order.
The November 2005 Monthly Town Board Meeting was called to order at 7:00 P.M. on November 8, 2005 in the Town Hall by Chairman Mike Van Lanen. Present were Chairman Van Lanen, Supervisors Cyril Van Laanen, Ken Jacobs, Jason Horkman, Colleen Harris, Clerk Don Gibson, Treasurer Richard DeBauche and Zoning Adm/Planner Dave Cerny
2. Take Action on Affidavit of Posting.
The affidavit of posting was reviewed by the Clerk. Motion by Jacobs, second by C. Van Laanen to approve the Affidavit of Posting as presented. Vote: Aye-5, No-0. Carried.
3. Take Action on Minutes of Previous Meetings.
A. October Monthly Meeting. Minutes were read by the Clerk. Motion by Jacobs, second by C. Van Laanen to approve the minutes as read. Vote: Aye-5, No-0. Carried.
B. October Plan Commission Minutes. Minutes were read by Bill Roskams. Motion by M. Van Lanen, second by C. Van Laanen to accept and file the minutes as read. Vote: Aye-5, No-0. Carried.
C. October Zoning Board of Appeals. Minutes were reviewed as distributed. Motion by Jacobs, second by Harris to receive and place minutes on file. Vote: Aye-5, No-0. Carried.
4. Public Input.
Motion by M. Van Lanen, second by Horkman to suspend rules and open meeting to public input. Carried.
A. Tom Depas suggested that the ash tray at the entrance be chained to prevent it from blowing away.
B. Ken Jacobs stated that the Bertrand family would like to thank the Town Board members for their remembrance at Mrs. Bertrand’s funeral.
Motion by C. Van Laanen, second by M. Van Lanen to return to agenda. Carried.
5. Matters for Discussion and Possible Action.
A. Status of Old Town Hall and Town Hall Annex.
Horkman reported that electricity will be hooked up by November 11. Materials have been donated to fix the interior walls. The exterior has been pressure washed and the brush has been removed
Dave Cerny reported that he had met with a real estate agent and toured the Town Hall Annex. The property is zoned commercial and would have to be rezoned to residential if rented as a home. If rented as commercial, the facilities would have to be handicap accessible which could be costly. The total parcel frontage on Algoma Road would have a market value. The garage is currently being used as storage until the repairs to the old town hall are complete. A Triple Net Lease would be a mechanism to have all costs of taxes, insurance and maintenance passed on to the lessee. Motion by C. Van Laanen, second by Harris to table this issue until estimated costs to make the building handicap accessible are available. Vote: Aye-5, No-0. Carried.
B. Conditional Use Permit–Cingular Tower.
A request has been received to install a 150 foot wireless communication tower by Cingular Wireless on property owned by Kenneth and Norman Strebel on Van Lanen Road. A Public Hearing was held on November 1, 2005. No adverse comments were received at the hearing. Discussion was held on the height of the security fence. Motion by Jacobs, second by Horkman to grant a Conditional Use Permit to Cingular Wireless to install a 150 foot tower on property owned by Kenneth and Norman Strebel on Van Lanen Road with a condition that the security fence be at least eight(8) feet high. Vote: Aye-5, No-0. Carried.
C. Order Creating a Water Utility District.
Wisconsin Statutes provide for creation of Town Utility Districts. Application has been made to and approved by Wisconsin Public Service Commission to form a Water Utility to manage distribution of potable water. Public hearings have been held at the Public Service Commission and Town of Scott with little negative comment. Ordinance 2005-11-01 Creating the Town of Scott Water Utility District was reviewed by M. Van Lanen. Motion by M. Van Lanen, second by Horkman to approve Ordinance 2005-11-01 Creating the Town of Scott Water Utility District. Discussion followed on terms of commissioners and the fact that sewer commissioners can serve on Water Utility District Boards. Vote: Aye-5, No-0. Carried.
D. Resolution 2005-11-02 Order Implementing the Town of Scott Water Utility District.
Resolution 2005-11-01 was reviewed. It defines the basic processes necessary to form the water utility. Motion by Jacobs, second by Van Laanen to approve Resolution 2005-11-02. Vote: Aye-5, No-0. Carried.
E. Contract for Winter Road Maintenance.
M. Van Lanen shared the contract for winter road maintenance and the costs for labor and equipment received from Brown County Highway Commission. The contract had an error in identification of the Town. M. Van Lanen will take necessary steps to correct the name. Motion by Jacobs, second by Van Laanen to approve the contract for winter road maintenance with Brown County for 2005/2006. Discussion followed on ways to control expenditures. Vote: Aye-5, No-0. Carried.
F. Subdivision Ordinance Revisions.
Cerny provided a summary of revisions to the Subdivision Ordinance concerning definitions of parcels, trails and sidewalks and minor land divisions. The Plan Commission has reviewed and approved the revisions. A public hearing must be held before action can be taken by the Town Board. Discussion followed on the need to have public sewer and water in all subdivision approvals, recommendation from the Joint Plan Commission as appropriate and maintenance of trails and retention ponds. Motion by Jacobs, second by C. Van Laanen to return this to the Plan Commission to review procedures for maintenance of trails and management of costs of maintaining storm water detention ponds. Vote: Aye-5, No-0. Carried.
G. Esther Lane Right-of-Way Violations .
M. Van Lanen reported that all but 40 feet of the culvert has been removed from Esther Lane right of Way. Communications have been received from Lisa Tolan concerning her options in this matter. Options for completion of the use of this property have been explained to Mr. Greening.
H. Right-of-Way Use Permit on Bay Heights Drive.
A request to use the right of way on Bay Heights Drive for landscape purposes has been received. Mead and Hunt has done an engineering review. They indicate that the ditch has been filled in with one clean out of a 15 inch culvert. They provided specifications for procedures to fill in the ditch. If the project is allowed, a waiver would be required of the property owner to pick up all costs of maintaining the flow of water. They also recommended an 18 inch culvert which is the same as is required in the subdivision plot. Motion by M. Van Lanen second by Harris to have Cerny send a letter to property owner requiring removal of the landscape material and 15 inch culvert from the right of way. Discussion followed on the size of the culvert in the driveway and in other driveways in the area and the process of determining if the driveway culvert would have to be removed. Vote: Aye-5, No-0. Carried.
I. Road Maintenance
1. Placid Way and Royal Scot cul-de-sac Paving. Complaints have been received concerning excess loose gravel. Scott Construction has been contacted and will remove excess gravel at intersections. Motion by M. Van Lanen second by Harris to have Jacobs and C. Van Laanen determine methods of correcting loose gravel situations. Vote: Aye-2, No-3. Motion failed. Motion by Horkman, second by Harris to have C. Van Laanen determine method of correcting loose gravel situation. Vote: Aye-4, No-1. Carried.
2. Northeast Asphalt has completed paving road crossings. They will provide a bill to the Town who will send an invoice to each of the responsible contractors.
J. Town Hall Handicap Accessible.
The Town of Scott Town Hall entrance doors do not meet the criteria for handicap accessible. Automatic door openers are required. Estimates have been received that indicate a cost of about $5000. Motion by Horkman, second by Harris to make the necessary improvements for the entrance doors. Vote: Aye-5, No-0. Carried.
K. Snow Removal and Lawn Care Contract.
A proposal has been received from Finnel Landscape to provide snow removal and lawn care for the period from Oct. 1, 2005 thru Sept. 30 2006 for $3450. Motion by Jacobs, second by C. Van Laanen to approve the proposal. Vote: Aye-5, No-0. Carried.
L. Fund Transfer Resolution.
Resolution 2005-11-03 detailing fund transfers was presented by the Clerk. It provided details of transfers to and from funds that were over and under spent with a net gain of $2500 to Undedicated Reserve. Motion by M. Van Lanen, second by Harris to approve Resolution 2005-11-03. Vote: Aye-5, No-0. Carried.
6. Communications from Town Officers and Committees.
Hunting Restrictions - Concerns have been raised by residential property owners because of hunting in close proximity to their residence. The Town of Scott follows the DNR rules and has no separate legislation.
Agriculture Siting Legislation - An information session on the proposed legislation concerning citing for large scale agricultural operations will be held on December 1, 2005 at 7:00 P.M. at 1150 Bellevue Street.
Ad Hoc Committee on Home Occupations and Businesses - Ray Drake from the Plan Commission and four citizens will form a committee to review the situation. Discussion followed on procedures to handle current complaints. Motion by Jacobs, second by C. Van Laanen to have the Zoning Administrator take action on current complaints of Zoning Ordinance violations. Discussion followed on the impacts of enforcing the ordinance on all small business. Vote: Aye-4, No-0, Abs-1. Carried.
Natural Resources Conservation Services has provided input on cost sharing from the Environmental Quality Incentive Program. Contact Town Hall office for details.
Quarry Inspection Followup - The cable has been removed from the Tordeur Quarry and the Gersek Quarry has all markers in place. More information is needed on the status of the road to the Gersek Quarry. An engineering inspection will be necessary.
7. Treasurer/Clerk Financial Reports.
Treasurer reported on hand balance of $167,833.38 This matched the Clerk’s balance. Clerk reported receipts of $16,135.44 and disbursements of $71,193.82. Motion by Horkman, second by Jacobs to accept and file the Treasurer and Clerk Reports. Vote: Aye-5, No-0. Carried.
8. Scheduled Meetings/Adjournment.
Comp Plan Update–Nov. 15, 6:00 P.M., Budget Hearing and Special Town Meeting–Nov 16, 7:00 P.M., Joint Plan Commission–Dec 7 6:00 P.M.., Plan Commission Nov 17, 7:00 P.M., Town Board Dec 13–7:00 P.M.
Motion to adjourn by C. Van Laanen, second by M. Van Lanen, Carried
Donald L. Gibson
Clerk, Town of Scott.