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 Hudson and River Falls ball organizations to complete upgrades to the existing ball field, the addition of a second ball field and a possible concession/storage type shed.  A committee has been assigned to begin a trail marking project along the entire trail length at Glover Park.  The Park Board is also looking for someone to take the minutes at their meetings, starting in June.  R. Knapp asked if the Park Board is using caution as they move forward with the ball field upgrades and possible shed addition that a financial tie or contractual relationship is not formed with the ball organizations involved.  J. Berke and Charlie Macdonell stated that the Park Board understands the concerns of the Town Board.

 

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 TROYR. Knapp asked R. Jones to address the fencing and water retention issues brought to the board’s attention, by John Salmon, during Citizen Input at last months meeting.  R. Jones stated that after researching State Statutes, he could not find anything that requires more than a 4 wire fence.  J. Cuccia also researched the subject and drew the same conclusion.  John Salmon disagreed and stated that the former town chair read right from the law when he told the developer the fence had to be either a woven wire and 2 barbed wires or a 5 wire.  He thinks that the developer should be required to install a fence that controls his cattle and the 4 wire fence that’s been installed is not adequate.  Board consensus is that they cannot require the developer to do more than is legally required.  If J. Salmon can provide the Board with the State Statute that requires a 5 wire fence, they will review it again. 

 

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 Radio Road right of way and that can be verified by a witness.  The range of the forfeiture is $100-$250/day.  R. Jones stated that Cedar Corp. was in contact with the contractor in November 2007 and with Comcast directly as early as December 12, 2007.  In January, Cedar Corp. warned Comcast that if a complete application was not submitted by January 14th, citations would be issued.  A complete application was received February 26th.  The board has the option of issuing a citation for daily violations from December 12, 2007 through the issuance of the permit, today which is a total of 91days. 

 

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

677 Tower Rd

Alteration

08-106

Tony Hetchler

5 Mann Lane

Storage Shed

08-107

Winslow Cobb

376 Whitetail Ln

Alteration

08-109

Matthew Rust

369 Glover Rd

Alteration

 

DRIVEWAY PERMITS –None.

 

CODE BOOK PROJECT UPDATE – Mark Mitchell emailed board members changes to Chapter 21 (Boards, Committees and Commissions) which would now be Chapter 112 (Plan Commission).  M. Mitchell reviewed these with the board and will incorporate their recommendations.  M. Mitchell will review the State Statute numbers referenced in section 15B and 15C of this ordinance to make sure they are correct.  The board will review Public Records next month, Animals in May and Parks & River Access in June. 

 

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 Troy 6-11-2001 by Ord. No. 01-01. Amendments noted where applicable.]

GENERAL REFERENCES

Citations – See Ch. 39
Fire Protection and Emergency Medical Service – See  Ch. 58
§ 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 Troy. Annual permit holders shall follow all procedures outlined in this chapter and on the permit form each time he/she wishes to ignite a fire. 

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 County Dispatch. On the day of the permit holder intends to burn and prior to burning, the permit holder shall call the St. Croix County Communication (Dispatch) Center. The permit holder shall provide whatever information is requested, including his/her name, the burn location and telephone numbers.  The permit holder may then burn on that day, unless instructed otherwise by the County. The permit holder shall follow this procedure on each day the permit holder wishes to burn. Residents near the Pierce — St. Croix border should also inform the Pierce County Sheriff that they have informed St. Croix County of the burn.

B.      When a permit holder calls the St. Croix County Communication Center, the permit holder will be advised if a burning ban is in effect. There shall be no igniting of any fires anywhere outdoors in the Town of Troy on days declared as emergency fire days where burning has been prohibited by the fire department serving the area in which the proposed burn is located or by the Department of Natural Resources.

C.      A permit holder shall immediately report to emergency services any fire on permitted premises in the Town of Troy that is out of control.  

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 St Croix County.

 

§ 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.  S. Provos agreed to put this on the agenda.

 

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.  S. Provos will add the 3/13/08 date to the bottom of each document page.

 

CLERK/TREASURER PERFORMANCE REVIEW – R. Knapp and J. Cuccia will meet with S. Provos sometime during the last week in March for her performance review.

 

CLERK/TREASURER REPORT – Copies of the cash reconciliation, and budget summary were distributed to the Board.  S. Provos will compile the list of outstanding checks for board review next month.  S. Provos and R. Knapp will be meeting with the county treasurer.

 

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 Wisconsin for building permit seals in the amount of $287.00.  J. Cuccia moved to approve checks 019846 – 019924, payment to Elan of $269.89 and a check to the State of Wisconsin for $287, for a total of $61,775.00, seconded by D. Pearson.  Motion passed, all in favor.

 

DISCUSS PLAN FOR AED TRAINING – R. Knapp explained that the town had received a donation of a AED through the Public Access Defibrillation program.  S. Provos will help coordinate training for the town employees and elected officials that are interested.

 

CORRESPONDENCE –

J. Cuccia reported that reversal of the Woods vs City of Madison decision had failed in the Wisconsin Senate. 

 

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 St. Croix County regarding an informational meeting about a “Mass Notification System.”

 

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.

 

________________________

Sharon Provos, Clerk/Treasurer



[1].   Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).