Town
Board Meeting March 13, 2008
Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday, March 13, 2008, at 7:25, p.m. Dan Pearson, Jan Cuccia, and Fritz Anding were present. Gloria Wahrenbrock was absent.
The following people signed the attendance
sheet: Jill Berke, Mel Hermansen, Ron
Schock, John Salmon, Charlie Macdonell, Paul Steiner and Steven Canniff. Others were present who did not sign in.
R. Knapp invited Fritz Anding to lead them in
the Pledge of Allegiance to the Flag.
APPROVE MINUTES - Minutes of the
February 14, 2008 Town Board meeting had been distributed to the Board. Jan Cuccia moved to approve the minutes of
the Town Board meeting of February 14, 2008, seconded by Fritz Anding. Motion passed, all in favor.
CITIZEN
INPUT – None.
PARK
BOARD REPORT – Copies of the February Park Board minutes
and Park Board Report were distributed to the board. Jill Berke summarized the Park Board report
for the Board. She stated that the Park
Board will be attending the April Plan Commission meeting to discuss future
park and recreation uses. The Park Board
is continuing discussions with both the
PLAN
COMMISSION REPORT – Copies of the Plan Commission minutes
had been distributed to the board. R.
Knapp noted that the two septic systems were addressed earlier by the Board of
Appeals. R. Knapp stated that Plan Commission members
were challenged to think about the level of detail they want in the
Comprehensive Plan before next months meeting.
D. Pearson, R. Knapp and Bob Rolle were asked to rewrite the
introduction section of the Comprehensive Plan.
Cedar Corp. will also be working with B. Rolle to update the land use
maps. After considering an ordinance
revision, the Plan Commission decided to have the Comprehensive Zoning Code
Committee address setback determinations within the CZO.
CONSTABLE
& SHERIFF REPORTS – Copies of the Constable report, the
Sheriff’s report and the Animal Control report were distributed to the
board. Mel Hermansen asked if F. Anding
talked to the county regarding the handling of dog license violations within
the town. F. Anding responded that he
has made several phone calls without resolution and suggested one of the
constables contact the county directly.
M. Hermansen volunteered to contact the county to better understand the
procedure outlined by the county clerk in an earlier correspondence. For now, the constables will continue using
the current process of issuing a warning for unlicensed dogs and following-up
with a citation if necessary.
M. Hermansen asked if people are allowed to park
their vehicles at the boat launch if they’re not launching a boat, but just
walking their dog. Board consensus was
if they bought either a daily or annual permit, it was OK. Ron Schock stated that many people have their
dogs off-leash at boat launch. Board consensus
was to cite them if necessary.
The Board reviewed the Sheriff’s report and the
Animal Control report.
DISCUSS
AND CONSIDER FIREWORKS PERMIT PROCESS – R. Knapp distributed
copies of a WTA article regarding the issuance of fireworks permits. The board reviewed several sections of the
article including, who may issue a fireworks permit, what the town chair should
consider when deciding whether to issue a permit, who gets a copy of the permit
and whether a town can be held liable for issuing a fireworks permit. R. Knapp also referenced an email from the
WTA legal counsel which stated that individuals were now allowed to apply for
firework permits. Resident, Steven
Canniff summarized the safeguards and precautions he takes when lighting off
fireworks. Resident John Salmon stated
that he feels the Board should limit the lighting of fireworks on the 4th
of July to midnight because he is awaken at all hours by fireworks in the
neighborhood. R. Knapp stated that those
discharges are illegal and J. Salmon should contact the county sheriff.
After discussing all of the issues stated above,
board consensus is to continue to issue fireworks permits in the event that the
applicant has insurance coverage, is licensed in pyrotechnics, has contacted
the neighbors and there is not a burning ban in place at the time of
discharge.
DISCUSS
AND CONSIDER NEIGHBOR CONCERNS – MEADOW RIDGE OF
R. Jones is checking with the county to see if
there are any violations regarding water management in Meadow Ridge of
Troy. If there are any, the board
supports getting those addressed by the developer.
J. Salmon stated that he was told that a fence
at the end of his driveway would be moved by the town or the town would
reimburse him if he did it himself. He
chose to move it himself and has not received reimbursement. Because this occurred several years ago and there
is no recollection or documentation on the part of the town in this matter, the
board chose not to consider reimbursement.
UTILITY
PERMITS: The
following permits were submitted by Cedar Corp.:
U08-001 AT&T New
& existing pole installation-Marson Ave. $ 50.00
U08-002 Comcast Install
underground comm. cable-Radio Rd. $
200.00
Per Town Attorney, Gwen Kuchevar, the town has
the authority to issue Comcast a citation that addresses daily violations going
back to the date when Comcast was first noticed excavating in the
J. Cuccia moved to approve permits U08-001 for
AT&T and U08-002 for Comcast, seconded by D. Pearson. Motion passed, all in favor.
After some discussion Board consensus is to issue a citation of $250/day for January 14, 2008 through February 26, 2008. Shari/Sharon will coordinate with G. Kuchevar to write up the citation.
BUILDING
PERMITS: The
following permits were submitted by the Building Inspector and reviewed by the
town board.
|
PERMIT # |
APPLICANT |
ADDRESS |
PROJECT |
|
08-103 |
Mark Daun |
Alteration |
|
|
08-106 |
Tony Hetchler |
Storage Shed |
|
|
08-107 |
Winslow Cobb |
|
Alteration |
|
08-109 |
Matthew Rust |
|
Alteration |
DRIVEWAY
PERMITS –None.
DISCUSS
& CONSIDER BURNING ORDINANCE REVISION – Copies of the
amended ordinance were distributed to the board.
Chapter 32
BURNING, OUTDOOR
§ 32-1. Authority;
permit required; purpose. §
32-6. Duties of permit holder.
§ 32-2.
Application process. § 32-7. Revocation of permit.
§ 32-3.
Issuance of permit § 32-8.
Violations and penalties.
§ 32-4.
Exemptions § 32-9.
Severability
§ 32-5. Materials
Permitted to be burned
HISTORY: Adopted by the Town Board of the Town of
GENERAL REFERENCES
Citations – See
Fire Protection and Emergency Medical Service – See
§ 32-1. Authority; permit
required; purpose. [1]
To protect the health,
safety and welfare of the residents of the Town and their property and pursuant
to Wis Stats § 60.555, such other
provisions as apply and this chapter, every person shall apply for and receive
a burning permit from the Town of Troy before any outdoor fire may be
ignited in the Town of Troy unless specifically exempted in this chapter, .
§ 32-2. Application
process.
A. Permit application shall be made on forms
provided by the Town. Permits are issued only for the area designated as being
subject to the burning permit. Permits are issued on an annual basis, and a
separate permit shall be required for each different burn location.
B. Required application information shall
include but not be limited to:
(1) Applicant name.
(2) Applicant address.
(3) All telephone numbers of the
applicant.
(4) The specific location of the proposed
burning area, road name and fire number.
C. A burning permit issued under this chapter
is non-transferable non-assignable as to person or location. No person shall be issued a burning permit
who fails to deliver to the Town Clerk/Treasurer a fully completed application
containing all information required thereon.
§ 32-3.
Issuance of permit.
A. An annual permit shall be issued for by
calendar year, beginning January 1 (or date of issuance) and expiring on
December 31. The permit shall be issued by the Town Clerk-Treasurer or designee
prior to any person igniting an outdoor fire in the Town of
B. There shall be no fee for the annual
permit. No daily permits shall be issued.
§ 32-4.
Exemptions.
The following activities
are exempt from this permit requirement:
A. Burning materials that are contained and
burned in a totally enclosed stove, furnace or
incinerator expressly designed to heat a home or accessory building.
B. Burning charcoal or other combustible
material for fuel for domestic cooking outdoors at a residence or in public
parks, in devices intended and built or manufactured for that purpose. This
exemption does not apply during a declared public fire emergency.
C. Burning small amounts of dry combustible
rubbish in a burning barrel, in conformity with Wis. Adm. Code Ch. NR 429, the
requirements of which shall be included in the application form. This exemption
is limited to properties of 3 acres or larger and where burning barrels are
placed a minimum of 150 feet from all property lines. This exemption does not
apply during a declared public fire emergency.
D. Emergency fires used to warm the person or
to cook food.
E. Fires set by a fire department for
training, practice or fire-fighting purposes (back fires).
§ 32-5.
Materials Permitted to be burned.
Materials, which may be burned with a permit, include charcoal, brush, wood,
non-treated lumber, unpainted lumber, paper, leaves and corrugated cardboard.
Materials not to be burned under any circumstances include wet or combustible
rubbish, garbage, oily substances, asphalt, plastic, rubber products and
treated or painted lumber.
§ 32-6.
Duties of permit holder.
A. Notice to
B. When a permit holder calls the
C. A permit holder shall immediately report
to emergency services any fire on permitted premises in the Town of
D The permit holder is responsible for
management, containment and supervision of a properly permitted fire at all
times.
E. The permit holder is responsible for
adequate fire protection and fire prevention activities at the requested or
permitted burning location.
F. Install or maintain adequate fire safety
equipment during the requested or permitted use.
G. The permit holder shall ignite and maintain
only one fire at a time.
H. The permit holder shall not leave any fire
unattended.
I. While burning, the permit holder must be
able to answer the phone for the burn location using the phone number provided
to
§ 32-7. Revocation of
permit.
The Town Board or its
designated representative may revoke a burning permit at any time, and no
person shall be reissued a burning permit in the Town of Troy if a permit
holder fails to:
A. Abide by the § 32-5 Duties of permit
holder or any other provision of this chapter.
B. Prevent burning activities not authorized
by permit at the permitted burning location.
C. Prevent, at or near the permitted burning
location, the burning in or of an area
greater than three feet in diameter
and located within 15 feet of any
property line without the express, advance permission of the adjacent
landowner.
D. Allow access to any location for which a
permit has been requested or issued by a member of the Town Board, or designee
for inspection purposes.
§ 32-8. Violations
and penalties.
A. Any person violating any provision of this
chapter or knowingly aiding or abetting another in the violation thereof shall,
upon conviction, pay a forfeiture as set by the Town Board. The amount of
forfeiture and costs shall be as set forth in Chapter 39, Citations, of this
Code. Each day in violation of this chapter constitutes a separate offense.
“Costs” shall include the actual costs of prosecution and the cost of any fire call not paid directly
to the fire department by the permit holder.
B. If a member of the Town Board or designee
finds any individual burning without a
permit, the individual shall immediately extinguish the fire until a
permit has been obtained, and it is a
violation of this ordinance for such individual to fail or refuse to do so
after being so instructed by a representative of the Town.
§ 32-9.
Severability.
A judicial determination
that any portion of this article is invalid shall not invalidate the entire
article but only the portion identified by the court. Any such determination of
invalidity shall not operate retroactively.
Sections 32-4 through 32-7 will be printed on the back of the burning permits.
PLAN FOR ANNUAL
ROAD REVIEW – R. Knapp asked the board for input on whether they wanted any
changes to the format used during the annual road review. After discussing how they plan on reviewing
the mobile home parks during the annual road review and what other things they
want to pay special attention to such as right-of-way violations and the dead
end sign on Day Farm Road, the board decided to review the Mobile Home
Ordinance and the ordinances relating to right-of-ways at the April town board
meeting.
DISCUSS AND CONSIDER REVISED ASSESSMENT CONTRACT – Copies
of the revised contract from Bowmar Appraisal, Inc. were distributed to the
board. R. Knapp compared the revisions
and concluded that the fees were in line with what was originally projected by
Bowmar for the town’s 12 year assessment cycle.
R. Knapp moved to accept the revised Bowmar Appraisal, Inc, contract signed
by Roger Koski on February 1, 2008, seconded by J. Cuccia. Motion passed, all in favor.
DISCUSS AND ADOPT AMENDED EMPLOYEE HANDBOOK – Copies
of the revised Road Crew Handbook were distributed to the board. R, Knapp, F. Anding and the road crew collaborated
on the revisions. F. Anding moved to
approved the Road Crew Handbook of 2008, seconded by J. Cuccia. Motion passed, all in favor.
CLERK/TREASURER PERFORMANCE REVIEW – R.
Knapp and J. Cuccia will meet with
CLERK/TREASURER
REPORT – Copies of the cash reconciliation, and budget
summary were distributed to the Board.
BILLS:
Checks numbered 019846 – 019924 and the Elan bill were presented in the amount
of $61,497.00. S. Provos also asked the board to approve a check to the State
of
DISCUSS
PLAN FOR AED TRAINING – R. Knapp explained that the town had
received a donation of a AED through the Public Access Defibrillation
program.
J. Cuccia reported that reversal of the Woods vs
City of
R. Knapp received a letter from Francis Ogden
regarding Carpenter Nature Center (CNC).
D. Pearson will work with G. Wahrenbrock to contact CNC and report back
to the board.
S. Provos distributed copies of a letter from
COMMITTEE
REPORTS –
R. Knapp will be contacting everyone regarding
presentation topic suggestions for the Annual Meeting in April.
J. Cuccia moved to adjourn, seconded by F.
Anding. Motion passed, all in favor.
The meeting adjourned at 10:45 p.m.
These minutes were taken at a meeting
of the Troy Town Board held on the
13th day of March, 2008.
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