Town Hall-2595 French Road, De Pere, WI 54115

Monday, May 8, 2006 – 7:00PM

Call to Order
The meeting was called to order by Tom Perock at 7:00PM.

Roll Call
Present: Tom Perock, Town Chairman

Kenneth VanDeHei, Town Supervisor

Randy Treml, Town Supervisor

Randy Vandenack, Town Supervisor

Dale Warpinski, Town Supervisor

Judy Benz, Town Clerk-Treasurer

Excused: Carrie Murphy-Auguston, Assistant Clerk

Pledge of Allegiance- By all those in attendance

1. Approve minutes from Town Board Meeting held on April 24, 2006
A motion was made by Supervisor Treml to approve the minutes from the meeting held on April 24, 2006. Motion seconded by Supervisor VanDeHei. Motion carried unanimously.

2. Informational meeting on Water and Sewer Project for Lost Dauphin Area
Tom Perock introduced the Town Engineer, Matt Greely and Andy Schmitz from McMahon & Associates. Matt reviewed the proposed route for the conceptual water and sewer plan to serve those residents on Lost Dauphin Road from the town border south to Lost Dauphin Park and west to the railroad tracks. The proposed route consists of three segments labeled A,B,and C. Mr. Greely explained the design of the route will require some easements on private property. Greely stated the preliminary route is designed to pick up as much as possible by gravity and is believed to be the most cost effective. Mr. Greely stated it was not cost effective to run the route down Lost Dauphin Road with benefiting properties only on one side and that design would require two lift stations. Greely suggested that we take questions and comments on each segment beginning with segment “A”.

Ed Skoldberg, 1796 Christy Court stated he moved into his home approximately one year ago and wants to know why we have to do this at all. Response by Chairman Perock: There are some bad private systems in the area and providing municipal services also prevents future annexations. The reason the past annexations took place was due to the need of municipal services. Mr. Skoldberg replied so the reason for this is because of politics and some old systems. Response by Mr. Perock: This project has been in the planning stages since 2000 and it is this Board’s intent to plan for the best interest of the community, but if more than 50% of the residents are against this project, the Board will address other issues in the town.

Mike Brown, 2487 Lost Dauphin Road stated he did not understand the routing along Lost Dauphin Road. Response by Matt Greely: If services were constructed along Lost Dauphin Road, it would be much more costly because services would be provided to one side of the road.

Diane Conway 2481 Lost Dauphin Road asked if we would hook into the existing sewer system on the west side of Lost Dauphin Road. Ms. Conway stated that as the City of DePere marched along Lost Dauphin with their sewer pipe, it was her understanding Lawrence residents would hook on. Response by Mr. Greely: That is correct. Our starting point would be where DePere left off.

Joel Conover, 2561 Misty River Dr. asked if it would be in the town’s best interest to let De Pere do the project. Tom Perock response: There would be no savings if De Pere did the project. Mr. Conover asked why the pipe couldn’t be run down the railroad tracks. Mr. Greely responded: There are some low areas and it is a single loaded facility.

Bill Drew, 2566 Misty River asked what kind of time frame. Mr. Perock responded: The earliest would be a winter 2007-2008 project. We would bid out as a winter project.

Steve Dressel, 2602 Sunrise River Ct. What process can we do to see if the people are truly interested and how are the costs divided out? How can a resident make a decision without a cost? If someone has a lot of frontage, how is that feasible? Response by Mr. Greely: Irregular size lots are taken into consideration. For example the Talus Court project was assessed by parcels to make it more equitable. The costs will be determined at a later date. The project has to be designed before costs can be determined.

Tom Lemmer, 2796 Legend Lane stated he cannot divide his lot. We wanted a big lot and now the town is going to force us to water and sewer. It does not make much sense to destroy new roads to put this in. Response by Mr. Perock: The Town will be sending out another mailing in the future to determine how many residents have an interest.

Nancy Batterman, 1701 Eagle Bluff. Because of water in this area, is it a requirement of Brown County Central Water Authority (CBCWA). Response by Mr. Perock: If water and sewer are constructed, you have six months to hook up after finalization of the project. There are no requirements by CBCWA unless pipe goes by your property. Batterman: What if we want it and other segments don’t? Response by Perock: This is one project and there will need to be a minimum of 51% in favor of the project.

Bill Londo, 2758 N. Whistling Wind Dr stated he has a new home in the area and would like to know estimated costs. Response by Mr. Perock: We will provide estimated costs after it is determined how the route will go.

Janice Francini, 1805 Christie Court asked if she would be assessed when sewer comes through and then again when water comes through. Response by Mr. Perock: The project would be both water and sewer at the same time. Francini: What do we do with our mound system? What will our lawns look like? Response by Mr. Perock: There is restoration in the project. All yards and roads are restored to its original condition. The mound can be disconnected and hook on but if you have a pump, you may have to come up under your footings. Francini: What happens if your basement is finished and has a bathroom. Perock response: Can have lateral come up basement footing and do away with any injector pumps.

Joel Conover: My property is located near a street on three sides. Response by Mr. Perock: The Town assesses on long side only.

Tom Lemmer: Is it more feasible to provide easements in back yards. Response by Supervisor Randy Treml: On Talus Circle, we were assessed by parcel. An easement ran through my yard and save quite a bit of money on the project but that always depends on the project. Response by Greely: You want to go to the roads with the route as much as possible.

Kathy Machlett, 2625 Lost Dauphin Rd. asked what kind of a lateral would be run. Response by Mr. Perock: The Town can give several contractors that do this type of work.

Mike Techlin, 2563 Emau Chase: Is it true that water and sewer lines can be buried in ditches? Response by Mr. Greely: Ideally you want to put in the pipe on one side of the road. A lateral is provided to each lot line. Techlin: If you go through the ditch, do you cut the roads: Response by Greely: Generally boring is done under the roadways. Techlin: How wide is a trench? Greely: That depends on how deep the sewer is.

Stacy Dressel, 2602 Sunrise River Ct. There are costs for the infrastructure, will there be other costs for the homeowner? Response by Mr. Perock: Yes, homeowner is also responsible to get the pipe from the lot line to the house.

Greg Little, Town Water Utility Manager, asked for a show of hands on how many had a private well. Nearly everyone present raised their hand. Mr. Little then explained the concern over clean drinking water and noted that every one was on the same aquifer and things could go bad without any warnings. Mr. Little commended the Town Board for taking the initiative to plan ahead.

Mike VanDeHei, 2696 Lost Dauphin Rd. stated he lives north of Chapelle Rue and liked the route design as shown rather than along the railroad tracks. Mr. VanDeHei stated that we can all replace our septic systems if they go bad but cannot replace our wells. Response by Perock: My well water has recently turned brown and is non-drinkable and non-usable and came about without a warning. I now am glad I have municipal water.

Ken VanDeHei, Town Supervisor, stated several of his neighbors in the Williams Grant Drive area had to drill their wells much deeper over the past ten years. If water and sewer came out by me, I would most likely divide my property into more lots. Sewered lots only need to have 100 feet of frontage.

Joel Conover: What is the life expectancy of a mound system? Perock: Ten years. Conover: Does this plan include everybody in the section? Greely: This plan is intended to service all homes in the area.

Janice Francini: Our homes are all new and have water infiltration systems.

Randy Vandenack, Town Supervisor asked what was the determining factor where the project ended? Response by Greely: A project or pattern is determined by gravity and just north of the park was a good point to end the project.

Ellen Bamman, 2788 Legend Lane Why not further south of the park? Response by Greely: South of the park will be another project in the future.

Diane Conway asked if this area was planned for sewer in the Town Comprehensive Plan. Response by Mr. Perock: Yes.

Richard Francini, 1805 Christi Ct: Obviously costs are important. We will get preliminary costs and then have a chance to determine if we want it. Mrs. Francini: How much do you charge? Response by Mr. Perock: We first need to determine a route before costs can be determined.

Tom Lemmer Using other projects as a guide, how much will it cost? Response by Mr. Perock. It varies by project. Costs continue to rise, the price of gas has went up tremendously.

Wes Corey, 2784 N. Whistling Wind: I built in 2001, why didn’t I know about this then? I would like to see some facts and not use “scare tactics”. I do not think you should be scaring people on what could happen. Most of the homes in our area are new homes. I may want a system but not maybe in two years. I would not be in favor of a route along the railroad tracks, would rather have a route in the road. Response by Mr. Perock: We are not trying to scare people, just informing you of what could happen.

Joe Draves, 1784 Christie Court: I understand if your mound system is new, the homeowners can recoup some costs through a pro-rate system. Response by Mr. Perock: Currently we are seeking a legal opinion on that from our town attorney. Response by Mr. Greely: Sometimes pro-rating is done for newer system but when that is done, those costs are wrapped into the cost of the project.

Steve Dressel asked if the Town Board is pushing for smaller lots. Response by Mr. Perock: The Town Ordinance allows for sub-division of lots with 100’ frontage if in sewered area. Response by Ken VanDeHei: The Town is not forcing anybody into anything. I am only saying the option is out there to subdivide your lot to help pay for the costs if you would want to.

Chris Liebmann, 2926 Lost Dauphin Rd.: I am the last house this project effects and all this is greek to me. If I understand, this meeting is to set the route. When we find out more, what is the time frame? Response by Mr. Greely: Preliminary estimated costs could be available in a few weeks once the route is established.

Janice Francini Are there additional costs for the homeowners and how do we pay? Response by Mr. Perock: Once the project is completed, you would have 6 months to hook up. The homeowner is responsible to pay for any costs to get the pipe from the lot line to the house. You can keep your well for outside watering but it cannot have any interconnections within the house. The DNR requires a well testing every five years for a well permit. The assessment costs can be paid in full or on a ten year payment program which would be assessed to your tax bill. The first payment is generally paid directly to the town. The interest rate is ½% over the bond rate for the project.

Steve Dressel: Could we see the engineering plan of the project and how the costs are derived. I would like to see the depth and pipe size and the overall plan. Response by Mr. Perock: That would be available.

Chairman Perock provided a recap of the project. He stated that if this project is an arm wrestling project, the town can go to other projects. Mr. Perock suggested that additional information would be available for the town board meeting on June 26^th.

Karen Cabout, 2571 Lost Dauphin Rd stated they had a problem with their well a couple years ago. She was told by the well driller that the water level has dropped with so many people on the same aquifer.

Supervisor Ken VanDeHei suggested that anyone could check with Vic Krcma on Creamery Road on how his son’s well was contaminated with arsenic. Mr. VanDeHei reconfirmed the Town is not trying to scare anybody but things do happen with wells. The Servais annexation was driven by arsenic in wells.

Ernest Harvey, 2491 Lost Dauphin Rd stated that we all need to recognize that the concept for a well is for domestic purposes and not for outside watering. The gentlemen on the Board deserve some level of confidence for their future planning. Once the project is completed, we will be glad it is done. The route appears to be a reasonable route and it is being proposed in a planned way. (Mr. Harvey received a loud applause from those present.)

3. Authorize a public hearing to rezone a portion of L-45-3 from Agricultural to Estate Residential
A motion was made by Supervisor Treml to authorize a public hearing to rezone a portion of L45-3 from Agricultural to Estate Residential. Seconded by Supervisor VanDeHei. Motion carried unanimously.

4. Authorize contribution to Advance
A motion was made by Supervisor VanDeHei to authorize a contribution to Advance (Green Bay Area Economical Development) in the amount of $361.00. Motion seconded by Supervisor Warpinski. Motion carried. Supervisor Treml voted in opposition.

5. Award bid and authorize electrical work for Town Storage Facility
A motion was made by Supervisor Treml to suspend the rules and open the floor for comment. Seconded by Supervisor Warpinski. Motion carried. John Kleuskens said he understood the storage facility required outside and inside exit lights so he included that in his bid. He stated he and Jason Maus were both electricians and lived in the town and asked if that mattered to anybody. Kleuskens stated the plan did not indicate where the receptacles should be placed. Mr. Kleuskens asked if the town received three bids on the excavating like they are doing for the electrical. Adam Gildernick stated that the excavating did not receive three bids because Kocken Excavating is contracted with the Town to do excavating work. A motion was made by Supervisor Vandenack to return to regular session. Seconded by Supervisor Warpinski. Motion carried.
The Board reviewed the three bids: Kleuskens Electric in the amount of $3,499.00 (included inside and outside exit lights for approximately $100.00); Hunter Electric in the amount of $3,400.00 and Thomas Electric in the amount of 2,925.00. A motion was made by Supervisor VanDeHei to award the bid to Thomas Electric. Seconded by Supervisor Treml. Discussion: VanDeHei stated that as much as he would like to see John Kleuskens get the job, he feels obligated to accept the lowest bid. Chairman Perock stated this is the town people’s tax dollars and the lowest bid is most appropriate. Motion carried unanimously.

6. Burned Building Site at 3001 Williams Grant Drive
Clerk, Judy Benz, explained a conversation she had with owner Heaven Postal asking her to clean up the yard. Benz explained to Ms. Postal that the neighbors have expressed concern with rodents and odors coming from the pile of debris on the property. Ms. Postal indicated she would get it cleaned up but was not sure when it could be done. A motion was made by Supervisor Treml to pursue the necessary steps in accordance to the Town Nuisance Ordinance to activate the cleanup. Motion seconded by Supervisor VanDeHei. Discussion: Mr. VanDeHei asked if there are fines associated with the Nuisance Ordinance. Clerk Benz stated there were provisions in the Nuisance Ordinance for citations and fines. Motion carried unanimously.

7. Processing of town funds
Clerk Judy Benz explained the process of handling town funds. Benz stated there have been various area embezzlement cases and wanted to reassure the board the handling of receivables and payables are divided by the three personnel in the office. Kathy manages the receivable funds, Carrie handles the payable funds which are previously approved by the Town Board, Judy reconciles the records to the bank statements on a monthly basis and Supervisor Randy Treml verifies the bank reconciliations.

8. Report on Spending and Balance of 2005 General Obligation Bond
A report was provided on the current expenditures and remaining funds from the most recent GO Promissory Note borrowing in 2005. (See report attached.)

9. Revenue/Expense Report to Budget
A report was provided on the revenues and expenditures compared to budget through April 30, 2006.

10. Release of drainage easement on Lot 72 and Lot 73 in Bain Brook Estates 2^nd Addition
A motion was made by Supervisor VanDeHei to approve the release of the drainage easement on Lot 72 and Lot 73 in Bain Brook Estates 2^nd Addition. Seconded by Supervisor Warpinski. Discussion: Chairman asked if the elevations would be remaining the same. Mr. VanDeHei indicated the building inspector should be handing out information in reference to the elevation requirements. Motion carried.

11. Central Brown County Water Authority Update/Randy Treml
There are still on-going discussion on the route under the Manitowoc River. No other updates.

12. Fire Department Update/Fire Chief Kurt Minten
New brakes installed on the 1994 fire truck. Otherwise somewhat quiet.

13. Authorize payment to the City of De Pere in the amount of $292,496.00 for the Lawrence Drive Sewer and Water Project
Chairman Perock explained the tabulations amounting to $292,496.00 in reference to the Lawrence Drive Sewer and Water Project constructed by the City of DePere. Mr. Perock stated the line item referencing the 70% Sanitary Sewer costs in the amount of $84,550.00 remains negotiable. Mike Pierner from the Green Bay Metropolitan Sewerage District will review the formula and will determine the percentage. Mr. Perock stated by paying the invoice, we are not locked into the 70% formula calculated by the City. The City will assess the Garrity property in accordance to their assessment policy of 5 years no payment and after five years interest applies. A motion was made by Supervisor Treml to make payment to the City of DePere with an adjustment necessary for the tree replacements paid by the town. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

14. Authorize payment in the amount of $24,508.08 to Sinclair Construction for WaterMain Oversizing Costs for Patriot Place 2^nd Addition
A motion was made by Supervisor Treml to make payment to Sinclair Construction in the amount of $24,508.08 for the over sizing costs for Patriot Place 2^nd Addition. Seconded by Supervisor VanDeHei. Motion carried unanimously.

15. Payment of due invoices and wages
A motion was made by Supervisor Treml to make payment of all due invoices presented except on the Robert E. Lee invoice and the Village of Ashwaubenon invoice. Motion seconded by Supervisor Vandenack. Discussion: Additional information is needed before paying the invoice to Robert E. Lee and Village of Ashwaubenon. Motion carried unanimously.

16. Future Agenda Items
None

17. Public Comments
A motion was made by Supervisor Treml to suspend the rules and open the floor for comments. Seconded by Supervisor Vandenack. Motion carried unanimously. No comments. A motion was made by Supervisor Treml to return to regular session. Seconded by Supervisor Warpinski. Motion carried unanimously.

18. Adjourn
A motion was made by Supervisor VanDeHei to adjourn the meeting. Seconded by Supervisor Warpinski. Motion carried. The meeting adjourned at 9:26PM.

Respectfully Submitted,

Judy Benz, Town Clerk