The October 2005 Monthly Town Board Meeting was called to order at 7:00 P.M. on Tuesday October 11, 2005 by Chairman Mike Van Lanen. Present were Chairman Van Lanen, Supervisors Cyril Van Laanen, Kenneth Jacobs, Jason F. Horkman, Colleen Harris, Clerk Donald Gibson, Treasurer Richard DeBauche and Planner/Zoning Administrator Dave Cerny.

The Notice of Posting was read by the Clerk. Motion by Jacobs, second by Horkman to accept the Notice of Posting. Vote: Aye-5, No-0. Carried. Horkman excused at 7:02 P.M.

September Monthly Town Board Meeting. Minutes were read by the Clerk. DeBauche requested that the disbursements be changed from $123,837.54 to $123,837.30. Motion by Jacobs, second by C. Van Laanen to approve the minutes as amended. Vote Aye-4, No-0. Carried.

September Plan Commission Meeting. Minutes were read by Plan Commission Chairman Bill Roskams. Motion by C. Van Laanen, second by Jacobs to accept and file the minutes as read. Vote: Aye-4, No-0. The date for the Conditional Use Hearing for the Cellular Tower was set for November 1, 2005 at 7:00 P.M. in the Town Hall.

4. Public Comment. Motion by M. Van Lanen to suspend the rules of order and open the meeting to public comment. Vote: Aye-4, No-0. Carried.

Jamie Swienton. Questioned status and procedures of Order to Layout Hickory Nut Road.

Reineke. Raised concerns about the accusation of a use of right of way violation, engineering reviews of Moski's 7th Addition and concerns about width of driveways, setbacks and elevations.

Tom Depas. Asked if all ordinances are available on website and in Town Hall.

Motion by Jacobs, second by C. Van Laanen to return to agenda. Vote: Aye-4, No-0. Carried. Horkman returned at 7:42 P.M.

Motion by Jacobs, second by C. Van Laanen to move agenda item I Engineer Contract with Mead and Hunt to A. Vote: Aye-5, No-0.

A. Engineer Contract with Mead and Hunt. Scott Brosteau in attendance from Mead and Hunt.

A. Draft of General Specifications. Mead and Hunt will prepare a draft of General Specifications for development for $1500. Motion by M. Van Lanen, second by Horkman to accept the proposal. Vote: Aye-5, No-0. Carried.

B. Sandpiper Way Drainage Modifications. Mead and Hunt will develop a proposal and provide support in obtaining easements and supervising construction to improve the control of the the spring water runoff for $3,500.00. Motion by Jacobs, second by M. Van Lanen to accept the proposal. Vote: Aye-5, No-0. Carried.

A. Joint Plan Commission Appointments Motion by M. Van Lanen, second by Jacobs to appoint Mary Ullmer to a 2 year tern on the Joint Plan Commission to expire on September 30, 2007 and Norm Strebel to a 3 year term expiring September 30, 2008. Vote: Aye-5, No-0. Carried.

B. Operator License--Jesse Bouchonville Application for an Operator's License and proof of completion of Responsible Beverage Server training was presented by Clerk. Motion by M. Van Lanen, second by C. Van Laanen to approve the application and issue the license. Vote: Aye-5, No-0. Carried.

C. Status of Hickory Nut Road. M. Van Lanen stated that the Order to Layout the road has been filed with the Register of Deeds by Attorney Duffy. Copies will be sent to interested parties who have up to 30 days to file for a Judicial Review. Estimates, special assessments and bidding process will follow.

D. Utility District Formation. A hearing to gather public input on the plan to form a Utility District for potable water will be held on October 26, 2005 at 7:00 P.M. in the Town Hall.

The Utility District will have a 5 person board.

E. Town Road Improvement Program. The forms requesting TRIP funds for the repair of Hackberry Court for $42,000 have been filed with the Brown County Highway Commission. A decision on the amount of available funds will be made by the end of October.

F. Right of Way Violations.

1. The ditch in the right of way at 3326 Bay Heights Drive has been filled in as part of the landscaping. No permit has been requested. Cerny reported that a letter has been sent to the property owners informing them of the violation and the procedures to rectify the situation. He proposed that the property owners apply for a permit and follow the proper procedures. Motion by M. Van Lanen, second by Harris to inform the property owners at 3326 Bay Heights Drive of the need to obtain a use of Right of Way permit and pay for an engineering review with recommendation for a remedy to the Town Board. Vote: Aye-5, No-0. Carried.

2. Esther Lane and Anapaula Court. Filling in a ditch for a driveway to facilitate operating a construction business. Property owner (Tolan) gave Jeff Greening permission to place a culvert in the ditch in front of property. No permission for driveway. No request has been made to the Town for use of right of way. The culvert as installed is to small to handle water flow. Letters have been received from property owners concerning the size of the culvert and the operation of a construction business in a residential area. The installed culverts are of three different diameters.

Motion by M. Van Lanen, Second by Horkman to open meeting for public comment. Vote: Aye-5, No-0. Tom Schampers reported that the length of the culvert is 120 feet. with no cleanouts. A culvert had been removed from this area years ago and the ditch was cleaned out improving flow of storm water. Three different diameter culvert pipes have been installed with a bed and covering of gravel. Storm water flooding occurs in this area. Numerous pieces of construction equipment are parked in the area.

Motion by M. Van Lanen, second by Jacobs to return to agenda. Vote: Aye-5, No-0. Carried. M. Van Lanen stated that Jeff Greening has been informed that the culverts are in violation of Town of Scott procedures.

Motion by Jacobs, second by M. Van Lanen to have Jeff Greening remove the culverts along Esther Lane and resod the ditch to its original condition or the Town of Scott will have them removed and charged to Jeff Greening as a special charge. Vote: Aye-5, No-0. Carried.

G. Non-Conforming Businesses. A complaint has been received that machinery from a construction business is being parked in a residential area. Anyone operating a business in a non-business zone is considered non-conforming. Discussion followed on procedures to determine who is in violation and procedures to manage the issue.

Motion by M. Van Lanen, Second by C. Van Laanen to refer issue to Plan Commission to determine procedures needed to handle non-conforming businesses.Vote: Aye-5, No-0. Carried

H. Approval of Loan-Romuald Property. Resolution 2005-10-01 approving a loan of $133,000.00 to be paid in 10 equal installments at 4.20% was presented. Motion by M. Van Lanen, second by C. Van Laanen to approve the Resolution. Vote: Aye-5, No-0. Carried.

A. Blasting Blasting is continuing in Gersek and Daanen & Janssen Quarries. Concerns have been raised by Lloyd Van Lieshout. Further monitoring will be done on Wequiock Road and Bay Settlement Road.

B. Budgeting. A Town Board workshop will be held on Oct. 26, 2005 at 5:30 P.M. to develop individual budget accounts. The Budget Hearing is scheduled for November 16, 2005

C. Help America Vote Act. Evaluation of Town of Scott facilities for handicap voting have two areas for improvement. The handicap parking spaces need to be marked on the pavement in the parking lot. A facility is needed to provide for handicap accessible front door opening procedures. Motion by M. Van Lanen, second by Jacobs to proceed with compliance in these areas and apply for any available grants. Vote: Aye-5, No-0. Carried.

D. Comprehensive Plan Update Progress. Next meeting is on October 19. Completion is expected by December 31, 2005. The last meeting will determine implementation procedures.

E. Name of Van Lanen Road. Street sign on Nicolet Drive and Van Lanen Road is spelled as Van Laanen. City of Green Bay is recommending change to Van Lanen to be consistent. Motion by Jacobs, second by Horkman to make no changes to the spelling of name of Van Lanen Road in Town of Scott. Vote: Aye-5, No-0. Carried.

F. Road Work Update. Blacktopping should be done by 10/15. Patching, grass and brush cutting done by 11/1.

G. Old Town Hall Brush and weeds have been removed. Building has been pressure washed. Shutters are being repaired. Interior has been cleaned.

Treasurer reported $174,891.88 on hand. This matched the Clerk's report. The Clerk reported receipts of $28,508.00 and disbursements of $21,449.50 Motion by Jacobs, second by C. Van Laanen to approve the Clerk and Treasurer reports. Vote: Aye-5, No-0. Carried.

Meetings are scheduled as follow: 10/18-Citizens Advisory Committee, 10/19 Joint Plan Commission, 10/26 Budget workshop and Utility District, 10/27 Plan Commission, 11/1 Conditional Use Hearing-Cellular Tower, 11/8 Town Board. (see posted notices for times and place). Motion to adjourn by Jacobs, second by M. Van Lanen. Vote: Aye-5, No-0. Carried.

___________________________________ Donald L. Gibson, Clerk