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

Monday, July 10, 2006 – 7:00PM

Closed Session – 6:30PM

Call to Order

The meeting was called to order by Chairman Tom Perock at 6:30PM.

Roll Call

Present: Tom Perock, Randy Treml, Randy Vandenack, Dale Warpinski, Judy Benz

Kenneth VanDeHei (arrived at 6:45PM) Attorney John Claypool by telephone.

1. Announce Closed Session
Chairman, Tom Perock, announced the closed session.

2. Consider and enter into closed session pursuant to WI statutes 19.85 (1) (c) to discuss negotiations on boundary agreement with Village of Ashwaubenon.
A motion was made by Supervisor Vandenack to enter into closed session. Seconded by Supervisor Treml. Motion carried unanimously

Discussions were held with Attorney John Claypool via telephone on various options in reference to obtaining a legal border agreement with the Village of Ashwaubenon.

3. Return to Open Session
Motion was made by Supervisor Vandenack to return to regular session. Seconded by Supervisor Treml. Motion carried unanimously.

4. Recess until regular town board meeting scheduled at 7:00pm

5. Roll Call for Regular Session
Present: Chairman, Tom Perock, Town Supervisors: Kenneth VanDeHei, Randy Treml, Randy Vandenack and Dale Warpinski. Town Clerk, Judy Benz

6. Pledge of Allegiance
By all those in attendance

7. Approve minutes from meeting held on June 26, 2006
Motion was made by Supervisor VanDeHei to approve the minutes from the meeting held on June 26, 2006. Seconded by Supervisor Vandenack. Motion carried unanimously.

8. Action on closed session if necessary
A motion was made by Supervisor Vandenack to authorize the Town attorney to proceed with the preparation of a legal binding border agreement with the Village of Ashwaubenon under state statutes 66.0303 and/or 66.0305. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

9. Complaint on business operations in residential zoning district (Cady Lane)
Chairman Perock stated there have been complaints on a business operating in a residential area located on Cady Lane. Cars, trucks and trailers are parked on Cady Lane and some construction trailers are parked on an empty lot. The outside parking does not fit in the residential neighborhood. Mr. Bill Schmoock, 1780 Cady Lane, owner of Innovative Construction stated he will be moving his business equipment to a new location and the parking for his drivers will be moved to the Walmart parking lot. Mr. Schmoock stated that one of the trailers, even though it has his business name on it, holds personal items such as his motorcycles.

Alan Aleknavicius, 1743 Cady Lane, stated this issue has been addressed on other occasions and nothing is being done. He said a driver cannot see kids with the vehicles parked on the street. Mr. Aleknavicius stated he hoped it wouldn’t take an accident before something is done. He stated the curbs are cut out on the empty lots and it looks very sloppy. Mr. Aleknavicius stated the parking of equipment on the empty lots and the parking on the street is the first impression to the subdivision. Mr. Aleknavicius stated he should not have to look out his windows and see a sloppy area with mounds of dirt, snow plow and flatbed trailers.

Mr. Schmoock stated the empty lots will be going up for sale within a few weeks. Mr. Schmoock stated he has a berm on the property for his kids to ride their minibikes. Mr. Schmoock called it a berm but then changed the term to mound of dirt when told the town ordinance requires town board approval for all berms.

Supervisor VanDeHei asked why the curbs were cut out. Schmoock stated they were cut out for the driveways. When asked if there was a back wash where the curb was, Schmoock replied “No”. Mr. VanDeHei stated the back wash needs to be put back in where the curb is removed.

Mr. Schmoock agreed to immediately eliminate the parking on the street and remove the trailers with the next couple of days. Mr. Schmoock stated the cargo van is his own personal vehicle so that will remain. All other equipment will be off the empty lots and the lots will be cleaned up no later than August 10, 2006.

Mr. Aleknavicius asked what will happen if Mr. Schmoock does not comply. Chairman Perock stated the town will have the right to site him for ordinance violations.

10. 2-Lot Certified Survey Map/Ambrosius
Bill Schmoock stated he is purchasing 4.5 acres from Allen and Janice Ambrosius which is lot 2 of the CSM for the purpose of constructing a single family home. Ambrosius obtained additional property from Kenneth Lepak along Sand Acres Dr. to create the necessary 100’ frontage to make it a legal lot. Mr. Schmoock stated the area is very secluded with plenty of trees and it would be his own residence. Supervisor Warpinski asked if he intended to construct another building on the property for his business. Schmoock stated “no”. Utility Manager, Greg Little, stated that he reviewed the storm water plan in the area and this particular site is included in the drainage plan which drains to the basin on the corner of Sand Acres Dr. and Quarry Park Dr. Supervisor VanDeHei asked if there was a sewer and water lateral to the property. Mr. Little stated there was none but there would be no problem serving it provided the elevations were set properly. A motion was made by Supervisor Treml to approve the 2-lot CSM. Seconded by Supervisor Warpinski. Motion carried unanimously. (See CSM attached.)

11. Approve State Required Biennial Bridge Inspections
Motion was made by Supervisor VanDeHei to approve the county to do the bridge inspections. Motion seconded by Supervisor Warpinski. Motion carried unanimously.

12. Notice to Proceed on Bid for Pond Modification in Business Park
A motion was made by Supervisor VanDeHei to give notice to proceed to Atlas Excavating, Inc. for the construction of modifications to the business park pond contingent they do not enter onto Prevea Clinic properties until the appropriate paper work is completed and that they are aware of the sonic lines that are critical to the operations of Prevea Clinic. Motion seconded by Supervisor Vandenack. Discussion: The town clerk is to include verbiage on the contract as mentioned in the motion and obtain signature from Atlas on the contingencies. Motion carried unanimously.

13. Authorization to Northeast Asphalt to Proceed with Shouldering on Mid Valley Drive
A motion was made by Supervisor Vandenack to approve Northeast Asphalt, Inc. to proceed with shouldering on Mid Valley Drive and some areas on French Road that are in need of repair. Motion seconded by Supervisor VanDe Hei. Motion carried unanimously.

14. Update on Management of Town Funds
Supervisor Treml stated that he and Town Clerk-Treasurer, Judy Benz, reviewed options on moving some of the borrowed funds to a CD for higher interest rates. Mr. Treml stated that the town is currently receiving 5.1% on the sweep account and interest rates are climbing. Treml stated that it may not be of no value to lock the money in at a CD rate because it is predicted that rates may go up again in August. No action.

15. Revenue/Expense with Annual Budget Report
Revenue and Expense report was distributed for review. No action.

16. Water/Sewer Utility Update/Greg Little
Mr. Little stated he and Matt Greely met with the Village of Hobart Administrator, Joe Helfenberger, to have a dialog on water and sewer for future development west of the future West De Pere Elementary School. Mr. Little a route is being established for the Lost Dauphin Water and Sewer project and he will be meeting with residents to discuss easements. Additional information is forth coming once a route is established.

17. Central Brown County Water Authority Update/Randy Treml
None

18. Fire Department Update/Fire Chief Kurt Minten
None

19. Payment of due invoices and wages
A motion was made by Supervisor Treml to approve the due invoices and wages. Seconded by Supervisor Vandenack. Motion carried unanimously.

20. Future Agenda Items
Park Updates

21. Public Comments
A motion was made by Supervisor Warpinski to suspend the rules and open the floor for comments. Seconded by Supervisor Vandenack. Motion carried.

Marcel Turriff, Williams Grant asked if the town was shouldering both sides of Mid Valley Drive. Supervisor VanDeHei stated that only one side was needed and it was due to the road pitch.

With no further comments, a motion was made by Supervisor Warpinski to return to regular session. Seconded by Supervisor Vandenack. Motion carried.

22. Adjourn
A motion was made by Supervisor VanDeHei to adjourn the meeting. Seconded by Supervisor Vandenack. Motion carried. The meeting adjourned at 8:00PM.

Respectfully Submitted,

Judy Benz, Town Clerk