Town Board Meeting May 14, 2009

Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday May 14, 2009 at 7:05pm immediately following the Board of Review meeting, as noticed.  Jan Cuccia, Gloria WahrenBrock and Brian Schwab were present.  Dan Pearson arrived later.

 

The following people signed the attendance sheet:  Mel Hermansen, Jill Berke, John Salmon, David Simpson, Jim Freund, Judy Freund and Theresa Barnes.  Others were present who did not sign in.

 

R. Knapp invited those present to join in the Pledge of Allegiance to the Flag.

 

APPROVE MINUTES - Minutes of the April 9, 2009 Town Board meeting had been distributed to the board.  J. Cuccia moved to approve the Town Board minutes from Thursday April 9, 2009, seconded by B. Schwab.  Motion passed, all in favor.

 

CITIZEN INPUT –Resident John Salmon explained that he has been trying for the last three years to get the town to properly replace a cattle pass he said was removed during road construction.  He provided the town with a letter from an attorney that states the town should work with him to get the matter resolved.  R. Knapp thanked J. Salmon for his input and stated that the Town Board had looked at the cattle pass during its annual road tour.

 

PARK BOARD REPORT – Copies of the April Park Board minutes and Park Board Report had been distributed to the board.  Jill Berke stated that the Park Board made its annual park tour on May 11th.  She reviewed the following with the Town Board:  The repairs have been completed on the dock and gangway at the boat launch, the 2nd ball field is in use at Glover Park, there are several Eagle Scout projects being considered for Glover Park, the Park Board is considering extending Bluff Trail in Glover Park, the playground equipment at Glover Park was inspected, Pembles Access is now open on the weekends and the “No alcohol” signs have been erected.  R. Knapp asked if the playground equipment area at Glover Park should be closed off until all of the items on the inspection report have been completed.  J. Berke responded that nothing listed in the report created a critical concern.  She is working with the road crew to make the necessary repairs.

 

PLAN COMMISSION REPORT – Copies of the Plan Commission minutes had been distributed to the board.  J. Cuccia briefly reviewed the Plan Commission meeting for the board.  The riverway concept review for Donna Murr was an involved application with a lot of history, and J. Cuccia encouraged the board to review the Plan Commission minutes on this issue.  Both the county special exception application for Donald & Teresa LeFever and the YMCA riverway application will be reviewed by the Town Board tonight. 

 

CONSTABLE & SHERIFF REPORTS – Copies of the Constable report and the Animal Control report were distributed to the board.  Mel Hermansen reported that the gate at Pembles Access has been restrained on both sides and shouldn’t be able to be lifted off of the hinges.  Before the town realized that the gate was being lifted off of its hinges rather than being opened with a key, letters had been sent to the neighboring property owners.  M. Hermansen stated that some of them had taken offense to the letter.  J. Berke will contact the neighbors to further explain what happened. 

 

The board reviewed the Animal Control report.  J. Cuccia contacted humane officer, Kathi Pelnar to find out what “ok’d impound” meant on the report.  It means that if a person picks up an animal in the town and is willing to take the animal directly to the Humane Association, K. Pelnar informs the Humane Association that it’s ok to accept the animal.

 

The sheriff’s report was reviewed by the board.  B. Schwab questioned the patrolling of Camp St. Croix and the county park.  R. Knapp stated that even though the property is not owned by the town, it is located within the town, it made sense for the sheriff to add this to their park patrol. 

 

RIVERWAY REVIEW FOR A CONDITIONALLY APPROVED ACTIVITY (EROSION CONTROL)-YMCA, 532 CTH F – J. Cuccia summarized that during the concept review of the project in July 2008, the Plan Commission recommended that the applicant work with the county and the Wisconsin DNR to come up with an acceptable erosion control plan.  Rob Jones, Cedar Corp., stated that the applicant has provided plans prepared by the NRCS.  The proposed project included filling and grading to create a small storm water detention pond with an earthen embankment, outlet structure and outfall directed to a ravine.  The project also proposes to install a rip rap lined channel along the ravine flow line.  Cedar Corp. would like to see an amendment made to the construction plan to include a protected overflow weir on the earthen embankment to control the water flow into the ravine.  Both the Plan Commission and Cedar Corp. recommended approval of the application.  J. Cuccia read the Plan Commission motion.  R. Knapp asked who would do the final inspection of the project.  R. Jones stated that the county has a final inspection process in place.  Dave Simpson, YMCA was present to answer any questions from the board.  R. Knapp moved that the Town Board approve the application for a conditionally permitted structure and activity to construct and maintain structural erosion control measure in a slope preservation zone within the Lower St. Croix Riverway District with the addition of the improvements that Cedar Corporation has suggested of adding a protective overflow weir installed at the approximate outlet structure and based on the plans submitted.  This erosion control activity will take place at 532 CTH F at the YMCA Camp.  And the Plan Commission and Town Board have specifically looked at and addressed the following:  That we are in no way hindering the view or use of the river, that we are maintaining safe and healthful conditions, that we are preventing and controlling water pollution, that the location of the site in respect to floodways, flood plains, slope preservation zones and blufflines have been addressed, that we are dealing with the erosion potential of the site, that we are not impacting terrestrial or aquatic habitants, that the location of the site has been looked  in respect to existing or future roads, there is adequacy of wastewater treatment systems which are not effected by this application and that it is compatible with adjacent land uses.  Seconded by G. WahrenBrock.  Motion passed, all in favor.  R. Knapp noted that the town is appreciative of the county’s inspection process and will look at that as the final inspection for this application.

 

DISCUSS & CONSIDER RELEASING FUNDS FOR WALNUT HILLS ENGINEERING WORK – R. Knapp summarized the meeting he and R. Jones had with Citizens State Bank.  The bank is interested in bringing  the water management issues in Walnut Hills to a conclusion.  They are working with Humphrey Engineering and would like approximately $7,000 from the Letter of Credit funds the town is holding released to cover concept development, surveying and civil design work on the property.  The other $89,000 the town would continue to hold until both the Plan Commission and the Town Board approve the water management plan.  J. Cuccia moved to approve our Town Chair in conjunction with our office staff, be allowed to release from our Letter of Credit for the Tribute development to pay for bills as they come in, up to $7,000, for engineering work, seconded by G. WahrenBrock.  Motion passed, all in favor.

 

DISCUSS & CONSIDER RESOLUTION ON A FRAMEWORK OF SUSTAINABLE COMMUNITY PRINCIPLES – R. Knapp explained that the Intergovernmental Advisory committee has been discussing the ongoing work of local municipalities in environmental stewardship.  As a next step, the government units involved considered presenting a resolution adopting a framework of sustainable community principles to their municipal boards.  The resolution is a general focus, allowing the communities to decide what being good stewards means to them.  Judy Freund spoke in favor of the resolution and what it means to the community.  J. Cuccia commended J. Freund for her work on the project. 

 

J. Cuccia moved to adopt:

 

RESOLUTION 2009-03

 

Resolution Adopting a Framework of Sustainable Community Principles

 

WHEREAS, the Town of Troy and adjoining municipalities believe in working together as leaders in the adoption of sustainable practices; and

 

WHEREAS, governments have a responsibility to provide cost effective services to the public; and

 

WHEREAS, the commitment of Hudson area governments to sustainable practices can serve as a model for others to move toward more environmentally sound practices, to identify and support opportunities, and to encourage economic development in our community; and

 

NOW THEREFORE, in an effort to seek innovative, collaborative and flexible solutions to the challenges that confront us, by sharing our knowledge, and by coordinating our actions, we strive to:

 

  1. Reduce our reliance on materials extracted from the earth that contribute to a buildup of pollution in our environment.

 

  1. Reduce our contribution to the buildup of synthetic substances in our environment.

 

  1. Reduce our contribution to the physical degradation of our environment.

 

  1. Recognize that free markets allocate resources most efficiently and property rights must be respected.

 

NOW THEREFORE, BE IT RESOLVED that the Town of Troy declare our commitment to sustainability as outlined in the principles above, and will consider these principles whenever possible in our planning, policy making and practices.

 

Seconded by B. Schwab.  Motion passed, all in favor.

 

AWARD BID – 2009 ROAD PROJECTS – R. Jones stated that four bids were received for the 2009 Road Improvement projects.  They ranged from $335,120 to $372,139.  It is Cedar Corp.’s opinion that the town has received competitive bids and that the low bidder, Antczak Construction is a responsible bidder.  R. Knapp asked what the criteria are for completing the projects in a timely manner.  R. Jones stated that the substantial completion date is July 31st, with final completion by mid-August.  The penalty for non-compliance is $500/day.  B. Schwab moved to approve the bid for the 2009 Road Improvements project to Antczak Construction in the amount of $335,119.94 for the new sections of Tower and Townsvalley Road.  This contingent upon the contractor providing bonding and insurance as required by the contract documents, seconded by G. WahrenBrock.  Friendly amendment: “including retention of a 5% construction contingency on hand to cover additional expenditures that may become necessary during construction.”  Amended motion passed, all in favor. 

 

R. Jones reminded the Town Board that prior in the year, they had given Cedar Corp., permission to do preliminary engineering work at the boat launch intersection to see if it can be realigned to improve visibility.  He asked if the board still wanted them to proceed.  Board consensus was yes.

 

DISCUSS ACTION ITEMS FROM ANNUAL ROAD TOUR – R. Knapp reviewed the list of action items from the road tour.  Most items have already been addressed.  R. Jones will update the Road Capital Improvement plan schedule. 

 

UTILITY PERMITS:  The following permits were submitted by Cedar Corp.:

U09-001     St. Croix Electric        Underground electrical Coulee Trl.                    $ 100.00

U09-002     St. Croix Gas             Underground gas Oak Ridge & Riverside          $ 200.00

 

J. Cuccia moved to approve utility permits U09-001 St. Croix Electric for installation of underground electrical cable along Coulee Trail east of STH 35 including 2 jack & bore crossings for $100 and U09-002 to St. Croix Gas for installation of an underground 3” gas line along the east side of Oak Ridge Dr. & Riverside Dr. for $200, seconded by G. WahrenBrock.  Motion passed, all in favor. 

 

BUILDING PERMITS:  The following permits were submitted by the building inspector and reviewed by the Town Board.

PERMIT #

APPLICANT

ADDRESS

PROJECT

09-111

Dave Seidel

363 Southern Pacific Rd

Addition

09-112

Evan Ballard

241A Glen Circle

Deck/Spa

09-113

Andy Sellman

92 CTH F

Alteration

09-114

Mark Klanderman

520 Frances Ave

Storage Shed

09-115

Andy Murphy

326 North Cove Rd

Deck/Stairs

09-116

Mark Warnken

150 Cove Ct

Aleration/Repair

09-117

YMCA

532 CTH F

Permit to start

09-118

Dan Burger

483 Virgil Rd

New Home

09-119

Bill Poulos

288 Cove Rd

Alteration/Repair

 

DRIVEWAY PERMITS – The following permit was submitted by the building inspector and reviewed by the Town Board.

PERMIT #

APPLICANT

ADDRESS

09-103

Dan Burger

483 Virgil Rd

 

 

 

 

BOARD OF REVIEW – ALTERNATE MEMBERS – R. Knapp is still looking for an additional alternate.  R. Knapp moved that the Town Board appoint Art Feyereisen as the alternate member #1 for the Board of Review, seconded by J. Cuccia.  Motion passed, all in favor.  S. Provos will check to see which board members have recently received Board of Review training.

 

CLERK/TREASURER PERFORMANCE REVIEW – B. Schwab distributed a hand-out and summarized the meeting he and R. Knapp had with S. Provos regarding her performance review.  He felt that she continued to perform her job duties, her dedication to the elections is duly noted and she continues to be a terrific resource.  She is currently paid $23/hour.  They are recommending a 3 ½% retroactive pay increase to April 1, 2009 and changing her status from hourly to salaried.  On average she works 30 hour/week.   J. Cuccia moved to approve a salary adjustment recommended by our committee to increase the hourly rate of our town clerk to $23.80 retroactive to April 1, 2009 and further that effective June 1, 2009 we convert our town clerk to a monthly salary employee status at the rate of $3,094/month, seconded by B. Schwab.  Motion passed all in favor. 

 

AMENDMENT TO IMPACT FEE ORDINANCE REVISION – R. Knapp explained that after consulting with the town engineer and town attorney, the town would move forward with amending the Impact Fee Ordinance, but would not rework the Impact Fee Study.  The town attorney has revised the ordinance and copies were distributed to the board.  R. Knapp asked that the board review the revisions and forward any suggested changes to him.  Adoption of the proposed amendments to the ordinance will be on next month’s agenda.

 

ST CROIX SPECIAL EXCEPTION FOR LIMITED COMMERCIAL RECREATIONAL ACTIVITY AND FOR NUMBER OF ANIMAL UNITS ALLOWED PER ACRE – DONALD & TERESA LEFEVER, 389 CTH F (O’LEARY PROPERTY) – J. Cuccia stated that the town can only make a recommendation to the county regarding this application.  R. Jones stated that the applicant has requested a St. Croix County special exception permit to operate a horse training business accommodating horses in 32 stalls.  The proposed lot is 3 ½ acres with an adjacent 4.3 acre outlot.  According to the applicant, the horses are only outside for approximately ½ hour a day, a few at a time.  Otherwise they are kept indoors.  They also have a contract for weekly manure removal.  J. Cuccia stated that the property is run down and the Plan Commission liked the fact that the LeFevers would be improving and repairing the property.  Concerns raised at the Plan Commission meeting by neighboring property owners included manure removal, manure run-off issues, the number of horses and parking.  The Plan Commission didn’t recommend approving or not approving the permit.  They suggested sending a letter to the county voicing concerns.

 

Dan Pearson arrived.

 

The board discussed the concerns raised by the Plan Commission, what would happen with the special exception permit if the property was sold and also the fact that the LeFevers may not be able to purchase/use the adjoining 4.3 acre outlot.  Without a special exception, no horses would be allowed to be housed on a 3 ½ acre lot in St. Croix County.  The board was also worried about whether the county has the staff to monitor and enforce all the conditions that may be placed on the permit.    D. Pearson moved to recommend to the county not to approve the special exception for limited commercial recreational activity and for the number of animal units allowed per acre for Donald & Teresa LeFever, 389 CTH F because it far exceeds the animal unit density that would normally be permitted in what is now a residential area.  Also, there are not near enough acres to house that many animals, no specific number of animals listed on the application and they don’t have permission to use the adjoining 4.3 acre outlot.”  Motion was seconded by R. Knapp.  Motion passed, all in favor.  R. Knapp will send a letter to the county with the Town Board’s recommendation. 

 

CLERK/TREASURER REPORT – Copies of the cash reconciliation, impact fee summary and budget summary were distributed to the board.  S. Provos stated that the budget to actual numbers look good so far. 

 

BILLS: Checks numbered 020778 – 020793, 021800 - 021844 and the Elan bill were presented in the amount of $63,244.87.  S. Provos explained that the reason for 2 different sets of check numbers goes back to the last time the town ordered checks and the company sent the wrong check numbers.  She asked if the board wanted her to void checks 020794 – 028000 to avoid confusion next month.  Board consensus was to void those checks.  J. Cuccia moved to approve checks 020778 – 020793 and 021800 - 021844 including the check to Elan for a total of $63,244.87, seconded by B. Schwab.  Motion passed, all in favor.

 

CORRESPONDENCE –

J. Cuccia received an email stating that the Wisconsin Joint Finance Committee approved the Working Lands Initiative.

 

R. Knapp received an anonymous note questioning whether a river way building permit was issued for work being done at 277 Cove Rd.  After follow-up with the building inspector,  the homeowner will be applying for an after-the-fact building permit.

 

R. Knapp received a fire works permit application from Steve Canniff.  Hearing no objections from the other board members, he will approve the permit.

 

COMMITTEE REPORTS –

G. WahrenBrock stated that the River Falls Rural Fire Association is looking at purchasing a new truck within the next year.  The cost is approximately $340,000.  The Association has about $200,000 and will be asking the towns to fund the rest.  Each town is asked to report next month on how much it has set aside for this purpose.

 

R. Knapp stated that the Intergovernmental Advisory Committee has been focusing on the sustainability resolution.  He also reported that the committee didn’t want to form its own Complete Count Committee, but will instead rely on the county’s staff to communicate 2010 Census information to all county residents.

 

The issue of nomination papers vs. caucus was discussed at the Annual Town Meeting.  This issue will be put on the board agenda next month to discuss forming a committee to research the subject.

 

 

G. WahrenBrock moved to adjourn, seconded by J. Cuccia.  Motion passed, all in favor.

 

The meeting adjourned at 9:55 p.m.

 

These minutes were taken at a meeting

of the Troy Town Board held on the

14th day of May, 2009.

 

________________________

Sharon Provos, Clerk/Treasurer