Town Board Meeting November 13, 2008

Chairperson Ray Knapp convened the Regular Town Board meeting on Thursday, November 13, 2008, at 6:40, p.m. Jan Cuccia, Dan Pearson and Brian Schwab were present. Gloria Wahrenbrock arrived at 6:45.

The following people signed the attendance sheet: Buzz Marzolf, Charlie Macdonell, Dean Jakubowicz, Louie Filkins, Suzanne Van Mele, Jill Berke and Ron Schock. 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 October 9, 2008 Town Board meeting had been distributed to the board. D. Pearson moved to approve the minutes as printed, seconded by Brian Schwab. Motion passed, all in favor.

PLAN COMMISSION REPORT – Copies of the Plan Commission minutes had been distributed to the board. J. Cuccia summarized the Plan Commission meeting for the board. The Plan Commission spent over an hour on the after-the-fact permit for St. Croix Electric. J. Cuccia directed the board’s attention to a list of follow-up action items to help the Plan Commission work through the St. Croix Electric application. The plan commission reviewed and recommended the amendments to the Lower Riverway Zoning Ordinance. This is on tonight’s agenda. The Plan Commission also recommended approval of the riverway application for reconstruction or expansion in a non-conforming area for Cheryl Adkinson, 183 Glenmont Road, which is also on tonight’s agenda.

PARK BOARD REPORT – Copies of the October Park Board minutes and Park Board Report were distributed to the board. Charlie Macdonell summarized the park board meeting for the board. He stated they had: reviewed expenditures, reviewed the park board questionnaire received from prospective park board member Eric Starr and reviewed the work that needs to be done at the boat ramp. He also gave a brief update on the ball field project. The shingling project at Glover Park is complete and the dock has been removed from the boat ramp for the winter.

G. Wahrenbrock arrived.

APPOINT PARK BOARD COMMITTEE MEMBER – Jill Berke explained that the park board is recommending the appointment of Eric Starr to complete the term vacated by Jan Cuccia. J. Cuccia moved to fill the vacant Park Board Committee member #1 based on the Park Board recommendation with Eric Starr, to serve through August 2010, seconded by B. Schwab. Motion passed, all in favor.

CONSTABLE & SHERIFF REPORTS – Copies of the Constable report, the Sheriff’s report and the Animal Control report were distributed to the board. Constable, Ron Schock reviewed the Constable report with the board. He stated that the boat launch is still being utilized, even though the dock has been removed. There were 2 citations issued during the month. Constable Schock felt that in general, things had gone well in 2008 and appreciated the support given to the constables by the town board.

R. Knapp reviewed the Sheriff’s report, explaining that the deputies are doing more evening patrols as recommended by the town board last month and less park patrol. Their hours have also been reduced to around 30 a month during the off-peak park season.

The board reviewed the Animal Control report.

CITIZEN INPUT – Dean Jakubowicz stated that the street lights and walking paths have not been completed in Cove Ridge. He has contacted the developer and hasn’t received a response to his concerns. He is asking if the town can do anything to help facilitate the situation. This will be put on the agenda next month. R. Knapp asked D. Jakubowicz to submit a history of his contact with the developer to the town clerk.

Susanne Van Mele stated that she heard Baldwin Telecom is no longer in the running to provide high speed internet in the town and wondered if and when Comcast would be putting high speed internet in the town. R. Knapp confirmed that Baldwin Telecom has dropped out and Comcast is in the process of making a proposal. He recommended she contact Chris Mueller, who chairs the town committee reviewing high speed internet options.

Buzz Marzolf offered a word of thanks for a good job at the November election.

DISCUSS & CONSIDER AMENDMENT OF THE TOWN OF TROY CHAPTER 171 LOWER ST CROIX RIVERWAY ZONING ORDINANCE – J. Cuccia stated that the Town’s Riverway Committee has been working to fine tune the Riverway Ordinance. The amendments meet the DNR’s approval. There have been two public hearings, the summary and full ordinance have been available for review and the plan commission is recommending approval. She pointed out a clerical correction to page two per the town’s legal counsel which is listing “purpose” as 171 A-1 and “applicability” as 171 A-2, instead of having two 171 B’s in the document. There have been no substance changes since last month. J. Cuccia moved for adoption of Resolution 2008-03:

RESOLUTION ADOPTING AMENDMENTS TO CHAPTER 171 OF THE MUNICIPAL CODE OF THE TOWN OF TROY - LOWER ST. CROIX RIVERWAY ORDINANCE

WHEREAS, the Town of Troy, with the assistance and cooperation of the Wisconsin Department of Natural Resources has developed certain amendments to its Lower St. Croix Riverway Zoning Ordinance; and

WHEREAS, all such amendments, both additions and deletions, are shown in that document described as "Version 10" of the said Ordinance, a copy of which is attached hereto and incorporated herein by reference; and

WHEREAS, properly noticed public hearings concerning the said amendments took place before the Town's Plan Commission on November 6, 2008, and before the Town Board on November 13, 2008.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Town Board of the Town of Troy hereby adopts all amendments to Chapter 171 of the Town's Municipal Code, the Town's Lower St. Croix Riverway Zoning Ordinance, as contained and shown in "Version 10" a copy of which is attached hereto and incorporated herein by reference.

2. That a summary of the ordinance amendments shall be timely published in the Town's official newspaper, pursuant to Wis. Stats. § 60.80(1) and (5).

3. That the amendments to the Ordinance being enacted hereby shall take effect the day after publication of the summary notice in the Town's official newspaper, pursuant to Wis. Stats. § 60.80(3)

Motion seconded by G. Wahrenbrock. Roll Call vote: B. Schwab-yes, J. Cuccia-yes, D. Pearson-yes, R. Knapp-yes, and G. Wahrenbrock-yes. Motion passed, all in favor.

RIVERWAY APPLICATION/PUBLIC HEARING FOR RECONSTRUCTION OR EXPANSION IN A NON-CONFORMING AREA – CHERYL ADKINSON, 183 GLENMONT RD. – Rob Jones, Cedar Corp., explained that this is riverway permit hearing, it has been through a concept review, site review and permit hearing at the plan commission. The plan commission has recommended approval for a structural alternation in a non-conforming area. This project includes the installation of two dormers which would protrude from the existing roofline and does not change the footprint or the vertical height of the building. No vegetation will be disrupted, no impervious surface will be added and there won’t be any change in drainage. All requested documentation has been received and Cedar Corp. is recommending approval of this application. Louie Filkins, Ogden Engineering, concurred that the dormers would not be higher than the existing roof, no lower level square footage is being added to the structure and no vegetation will be removed.

R. Knapp opened the public hearing. After no one came forward to speak, the public hearing was closed.

J. Cuccia moved that the Town Board approve the Lower Saint Croix Riverway application for reconstruction or expansion in a non-conforming area for Cheryl Adkinson, 183 Glenmont Rd, taking into consideration that she has submitted a vegetation management plan indicating that there is no vegetation to be removed, that she has provided the scale drawings of the proposed construction, and that this application also meets the following requirements; (1) the proposed construction will not create an unsafe or unhealthful condition, (2) it prevents and controls water pollution, (3) the location of the home in respect to floodways, flood plains, slope preservation zones, and bluff lines is allowable, (4) erosion potential of the site has been addressed, (5) there is no impact on terrestrial and aquatic habitat, (6) there is no impact of the site in respect to existing or future roads, (7) there will be review by St. Croix County certifying the adequacy of the wastewater treatment system, (8) it is compatible with adjacent land uses and (9) there is preservation of the view and use of the river. The applicant must also obtain any required County approvals before beginning construction. Seconded by D. Pearson. Motion passed, all in favor.

2009 ROAD CONSTRUCTION PLANS AND COST ESTIMATES – R. Jones reviewed the Road Improvement Budget Worksheet he had distributed to the board. Projects up for consideration are: reconstruct 6/10 mile of Tower Road from Gilbert Road to Deerwood ($313,830), reconstruct ½ mile of Townsvalley Road ($246,740), realignment of the Cove Road intersection ($38,000) and an overlay on Plainview Drive ($53,000). There are 2 options to consider for the Tower Road reconstruction. Option A would be to only reconstruct Tower Road from Gilbert Road to Trillium Lane. This would reduce the projected reconstruction costs by $72,380. The other option would be a more radical reconstruction of the curve on Tower Road east of Gilbert Road. This would add an additional $75,080 to the project. The discussion of the options included, costs involved, budget amounts, the condition of the pavement from Trillium Lane to Deerwood Drive, seal coat options for this portion of Tower Road, the proximity of the reconstructed curve to the home nearest it, and grading easements. R. Jones recommended that the board allow Cedar Corp. to collect all of the field data, staying vigilant when computing prices during the design phase and then see how much road the town can get for its money when bidding out the projects. Board consensus was to see what the cost of option A will be and the possibility of sealcoating Tower Road from Trillium to Deerwood, and then to see what type of costs would be involved in more radically reconstructing the curve and whether the closest landowner is receptive to the idea. R. Jones went on to explain the possible reconstruction of the intersection at the boat launch. He stated that a survey should be done and field data collected to determine what can be done and at what cost. The town board agreed that field data should be collected to determine when and how to go forward. R. Jones summarized that Cedar would begin engineering on the entire Tower Road project. They will also get started on the Townsvalley Road segment and collect field data on Cove Road. They will see how many of the road porjects can be done within the $550,000 budgeted. They would like to have a public informational meeting in January to go over preliminary planning with residents.

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

U08-007 Xcel Energy Install underground electric-Francis Ave $ 50.00

U08-008 St. Croix Gas Install underground gas-Milwaukee Rd $ 50.00

D. Pearson moved to approve permit #U08-007 for Xcel Energy and U08-008 for St. Croix Gas, seconded by J. Cuccia. Motion passed, all in favor.

DISCUSS & CONSIDER AMENDMENT TO COMPREHENSIVE PLAN PUBLIC PARTICIPATION PLAN – There have been some changes to the Public Participation Plan approved in by resolution in 2005. G. Wahrenbrock moved to accept resolution 2008-02 which is an:

AMENDMENT TO RESOLUTION ESTABLISHING PUBLIC

PARTICIPATION PROCEDURES FOR COMPREHENSIVE PLAN

WHEREAS, the Town of Troy has decided to prepare a comprehensive plan under the authority of and procedures established by Sec. 66.1001 Wis. Stats; and

WHEREAS, Sec. 66.1001, Wis. Stats, requires that the governing body of the local governmental unit adopt written procedures designed to foster public participation at every stage of comprehensive plan preparation, and that such written procedures shall provide for wide distribution of draft plan materials, an opportunity for the public to submit written and oral comments on the plan materials, and a process for the governing body to respond to such comments; and

WHEREAS, the Town of Troy believes that regular, meaningful public involvement in the comprehensive plan process is important to assure that the resulting plan meets the wishes and expectations of the public; and

WHEREAS, the Agreement for Professional Services between the Town and Cedar Corporation, a consulting firm, includes written procedures to foster public participation, ensure wide distribution of draft plan materials, provide opportunities for written comments on such materials, and provide mechanisms to respond to such comments.

NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Troy hereby adopts the written procedures provided in the Public Participation Plan included in the agreement entered into with Cedar Corporation as its public participation procedures as required under 66.1001, Wis. Stats. A copy of said procedures is attached as Exhibit A and hereby amends the procedures established under Resolution 05-01 adopted on March 10, 2005.

Motion seconded by D. Pearson. Motion passed, all in favor.

DISCUSS & CONSIDER FINAL COMMENTS ON DRAFT COMPREHENSIVE PLAN – R. Knapp explained that the plan commission was going to discuss the final comments last week, but the town attorney reviewed the document and suggested changes needed to be made to the draft before it’s ready for final review. Bob Rolle, R. Knapp and Cedar Corp. will be meeting to incorporate the necessary additions to the plan. It should be ready for plan commission and town board review in January, with public hearings and adoption scheduled for February.

CODE BOOK PROJECT UPDATE (Roads and Roadway Ordinance and the Utilities Ordinance) – These ordinances will be reviewed next month.

BUILDING PERMITS: The following permits were submitted by the building inspector and reviewed by the town board.

PERMIT #	APPLICANT	ADDRESS	PROJECT
08-167	Mark Strobel	369A Milwaukee Rd	New Home
08-175	Scott Cameron	429 New Century Dr	Storage shed
08-176	PDF, LLC	439 Horizon Ct	Alteration
08-177	Ryan Van Nurden	153 Bjerstedt Ct	Alteration
08-178	Ron Pierce	279 Day Farm Rd	Alteration
08-179	Nancy Caya	104 CTH F	Alteration
08-180	Paul Madsen	208 N Ilwaco Rd	Non-building structure
08-183	Janet Hoffman	615 Coulee Tr	Alteration

DRIVEWAY PERMITS – The following permits were submitted by the building inspector and reviewed by the town board.

08-114	Randy Strong	395 Deer Valley Dr
08-116	Mark Strobel	369A Milwaukee Rd

DISCUSS & CONSIDER ROAD CREW PERFORMANCE/CONTRACT REVIEW PROCESS – R. Knapp and D. Pearson met with the town road crew and reviewed the Employee Handbook, the Road Crew Contract and safety procedures. Copies of the proposed contract were distributed to the board. R. Knapp reviewed the proposed changes to the contract. In summary, they are recommending a 3½ % total compensation package increase. Also, as part of the safety review, the road crew agreed to update their MSDS book by February 3, 2009 and make safety training available to the part-time road crew employees. R. Knapp moved that the town board accept the amended Road Crew Employment Contract for 2009 as presented, seconded by D. Pearson. Motion passed, all in favor.

DISCUSS & CONSIDER 2009 AMBULANCE CONTRACTS – River Falls has submitted its 2009 ambulance contract. The per capita rate remains the same as it was last year, the population has increased slightly. G. Wahrenbrock moved to accept the River Falls 2009 Ambulance Service Contract, seconded by D. Pearson. Motion passed, all in favor.

CLERK/TREASURER REPORT – Copies of the cash reconciliation, impact fee summary and budget summary were distributed to the Board. S. Provos reported that the election was over with 2,769 residents voting in the town. She answered board questions regarding the current year budget, stating that the amount spent on elections would exceed the amount budgeted.

REVIEW BUDGET APPROVAL PROCESS – The Budget Public Hearing, the Town Meeting to set the 2009 levy and the Special Town Board meeting to approve the budget are scheduled for next Tuesday, November 18^th, starting at 7:00pm..

BILLS: Checks numbered 020358-20440 and the Elan bill were presented in the amount of $76,948.90. J. Cuccia moved to approve checks 020358-20440 in the amount of $76,461.83 and the Elan bill of $487.07 for a total of $76,948.90, seconded by B. Schwab. Motion passed, all in favor.

CORRESPONDENCE –

Board members received an email from Marge Pearce regarding funds for the Wisconsin Neighborhood Stabilization (WNS) Program for the acquisition, rehabilitation, demolition, etc., of foreclosed and abandoned properties. Information was given to R. Jones for follow-up.

R. Knapp received a notice that the deadline for competing and mailing the local road certification is December 15^th. He asked S. Provos to follow-up with the road crew to insure that this is submitted.

St. Croix County is requesting that the Seventh Day Adventists apply for the proper permits for signage and usage relating to their property located off of Old Hwy 35.

D. Pearson reported that Rick Stadelman, WTA Executive Director, contacted him, asking if any of the board members would be interested in doing a TDR presentation at a Working Lands workshop scheduled for December 9^th in Eau Claire. D. Pearson and G. Wahrenbrock may attend.

COMMITTEE REPORTS –

J. Cuccia and G. Wahrenbrock attended the Regional WTA meeting. J. Cuccia summarized that the sheriff recommended that towns not adopt policies allowing ATV’s on town roads. He also explained there’s been an increase in break-ins of vacant homes for the purpose of stealing copper. The WTA is working with the DNR on invasive species.

C. Macdonell reminded the board that there is a Comprehensive Zoning Code Informational meeting scheduled for Wednesday November 18^th at 7:00pm. He distributed copies of the hand-outs that will be available at the meeting to the board.

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

The meeting adjourned at 9:05 p.m.

These minutes were taken at a meeting

of the Troy Town Board held on the

13th day of November, 2008.

________________________

Sharon Provos, Clerk/Treasurer