TOWN OF ANGELICA

Monthly Meeting

July 11, 2005

Town Officials Present: Chairman, Richard Smith, Supervisors, Clifford Powers and Wilbert Lewis, Treasurer Lisa Matuszak and Clerk, Janet Powers

Town Officials Absent: None

Others Present: Clair & LuAnn Erb, Allan Niespodzany, Joe Lilla, Craig Duchateau of DMK, Richard Ferfecki, Chairman of the Town of Angelica Planning Committee, Joseph Grygiel, Tim Grygiel, Ken Wall, James Mills, Michael Gwidt, Robert Ripley and Elmer Kraning

Call to Order/Roll Call/Verification of Meeting Notice: Chairman Smith called the meeting to order at 6:30 p.m. followed by the Pledge of Allegiance. All officers were present for Roll Call. Smith verified with Clerk Powers that proper posting of the meeting had been done.

Approval of Prior Town Board Minutes: MOTION (Powers/Lewis/PASSED) to accept the minutes of the regular town board meeting of June 6, 2005, the minutes of the second Board of Review Meeting of June 20, 2005, and special town board meetings of June 27, 2005 and July 1, 2005 as presented by the Clerk.

Approval of Treasurer’s Monthly Report: The Treasurer’s report was presented to the board by Treasurer Matuszak showing balances as of June 30, 2005 of $97,923.57 at the Citizens Bank in Pulaski, $170,094.12 at the Premier Bank in Pulaski and CD#45270840018 in the amount of $61,532.18. MOTION (Lewis/Powers/PASSED) to approve the Treasurer’s report as presented.

Correspondence: Correspondence reviewed was (1) CSM’s for 3 lots on County Road F and 1 lot on Cuba Drive (2) notice from Waste Management about not automatically renewing its contract with the town (3) request from Krakow Sanitary District for a hearing to approve a revision of legal description for a portion of property covered in a recent annexation to the District (4) copy from Angelica Hillside Cemetery Association of its deposits in the F & M Bank (5) notice from Wisconsin Department of Commerce regarding conditional approval of Graf Creamery’s plan for a storage warehouse addition (6) listing of nine Ag Use Penalties the town will receive for land changed from agriculture use to another use (7) letter from Shawano County Planning & Development Department informing the town that funding for the grant for comprehensive planning is secure (8) information from the Krakow Advancement Association regarding improvements made to the park and a statement from Gwidt Construction stating “nothing due – donation” for $1,120.00 of work done on park grounds (9) notice from Assured Inspection Services that one building permit was issued for a single family dwelling in June (10) notice of fire dues of $3,457.23 to be paid to the town by the Wisconsin Department of Commerce (11) copies of two county ordinances recently approved, one regarding parking on areas of CTH-HHH and CTH-H and one being the Wind Energy Conversion System Ordinance. (12) notice of a public hearing scheduled for July 20, 2005 regarding the draft Shawano County Floodplain Zoning Ordinance (13) letter from D.N.R. regarding assistance with gypsy moth management (14) Notice of Complete Application for Proposed Wetland and open trench utility crossing of navigable waterway by the Krakow Sanitary District (15) letter from the County Historical Society asking for pictures and information on the history of past schools in the County (16) copies of 8 land-use permits issued by the County for property in the town (17) notices of meetings of the Shawano County PD&Z, Board of Adjustment and Lane Conservation committees and (18) brochures from the D.N.R regarding recycling., OMNI regarding comprehensive planning and East Central Wisconsin Regional Planning Commission Annual Report.

Reports from Town Officers: Supervisor Lewis reported on issuance of two driveway/culvert permits for driveways on Hill drive and Pine Road. Supervisor Powers reported that the State of Wisconsin is making the counties do painting/striping and signing on state highways and are instructing the counties not to mow the entire state road r.o.w. but only to mow at road intersections. Also the Shawano County Board of Supervisors approved the Wind Turbine Ordinance that was brought to them at their June meeting. Chairman Smith reported that the finish coat of blacktop on Hillside Drive had recently been done and it will be shouldered right after the next rain. Smith also reported that N.E.W. Rescue Squad Services had made 140 calls as of June 27^th; that seven first responders will soon be licensed; donations recently received were eight medical bags for first responders from Randy and Chris Holewinski and $1,000.00 from the Krakow High Noon Riders. When N.E.W. was present at Carver Boat nine people showed an interest in being first responders of which three or four are paramedics.

Report from Planning Committee Chairman: Town of Angelica Planning Committee Chairman Richard Ferfecki reported on approval of three CSM’s in the past month, attendance at a June 20^th meeting regarding Smart Growth planning and a June 28^th meeting regarding setting up a Plan Commission.

Public Comments: Elmer Kraning asked about having a “stop” sign and street sign on Hill Drive and was instructed to put up those two signs.

Specific Matters for Discussion and Possible Action by Town Board in Open Session:

Old Business:

a. A draft of Ordinance 7-11-05 ~ Driveways & Culverts, which replaces Town Ordinances 10-13-97, 6-11-01 and 8-11-03, was reviewed. MOTION (Lewis/Powers/PASSED unanimously) to approve Ordinance 7-11-05 as presented.

b. There was discussion regarding a recommendation by the town’s attorney when he was reviewing a revision to the town’s building permit ordinance to consider having a town building inspector and implementing it similar to other towns he represents rather than having the state-contracted inspector inspect new single-family dwellings. MOTION (Smith/Powers/PASSED) to table making a decision on having a town building inspector until the town has more feedback from contractors building homes in our town and also table going ahead with a revision to the town’s building permit ordinance in regard to requiring a permit for remodeling work of over $2,500.000.

New Business:

c. Clair and LuAnn Erb were present in regard to their request No. V-1-05 for a variance to a property line setback. The Erbs explained that they want to tear down an existing garage and replace it with one that would be no closer to the property line than the existing garage is. The garage would be longer on the west side and would be within the required setback. The Town of Angelica Planning Committee recommended approval of this request. MOTION (Powers/Lewis/PASSED unanimously) to recommend to the Shawano County Board of Adjustment that a variance to remove an existing attached garage at N4813 Wencel Street in Krakow and replace it with a new garage with a setback of 8 feet instead of the required 15 feet be granted.

d. Request No. C-3-05 for a conditional use permit for a pond on 14.7 acres of property owned by Allan Niespodzany was recommended for approval by the Town of Angelica Planning Committee with the condition that all Town of Angelica Development Standards/Requirements for Ponds be followed. Niespodzany informed the board that the pond would be approximately one acre in size and that he would follow all the pond requirements. MOTION (Lewis/Powers/PASSED unanimously) to approve a conditional use permit for a pond on Tract 13885, near Apple Road and Middle Drive. Niespodzany was informed that he needed to obtain a land-use permit for this pond from Shawano County.

e. Request No. C-7-03 for a conditional use permit for operation of a non-metallic mining operation (material to be removed will be gravel, rock, sand, stone and topsoil) on property owned by Joe Lilla between Green Valley Road and State Highway 32 was recommended for approval by the Town of Angelica Planning Committee with the following conditions: (1) All permits needed from the DNR, State of Wisconsin, and Shawano County are granted (2) the trucks leaving the pit must take Green Valley Road to Middle Drive - not through Krakow (3) The property line setback must be at least 100 feet (4) Use of a silt fence, no spoils on wetlands (5) No operation during road weight limit period (6) A sediment pond lined with breaker run used to slow water down before it goes into recorded waterway on southeastern corner of property (7) No water pumped in the woods on the southwestern edge of property (8) an approved reclamation plan is used and started as soon as possible after material is taken (9) Mr. Duchateau and Mr. Lilla are bonded on Town level so land is guaranteed to be restored after mining is finished because the planning committee was not impressed with other quarries that have been done by DMK and (10) hours of operation will be from 6:00 a.m. to 6:00 p.m. Monday-Friday and 6:00 a.m. to 12:00 p.m. on Saturday. Ken Wall expressed a concern about noise and dust as he is about 100 feet from the driveway to the proposed pit which is south of his property. Joe Grygiel and Tim Grygiel expressed concerns about pumping of water from the pit and possible flooding of their adjacent land. Rob Ripley had a concern about the appearance of the property after reclamation of the pit is completed and how close the pit could be to a residence. Richard Ferfecki stated that the Planning Committee also had concerns about restoration of the property and a potential water problem. Craig Duchateau informed the town board that DMK’s pit on STH-32 in Green Valley was closed before the laws on reclamation went into effect. Duchateau is working with the D.N.R. in reclaiming the area to provide habitat for wildlife but the project is not completed. Duchatea also stated that the pit near Morgan is still operating and reclamation is not completed at that pit. DuChateau said that he would agree to not pump any water from the Lilla property into adjacent waterways and also that he would not remove any top soil from the property. A diagram of the proposed DMK pit on Lilla’s property prepared by Nordin-Pedersen Associates was given the board and Duchatea indicated that the wetlands had been determined. Supervisor Powers asked if D.N.R. permits had been obtained for widening the proposed driveway and was told they were approved. The proposed pond would be approximately twenty-feet deep and would cover approximately two acres. It was the general consensus of the town board to have a meeting on the property to address the concerns brought up at this meeting and the clerk was instructed to post a notice of taking possible action on this request at a meeting scheduled for 10:00 a.m. on Wednesday, July 13, 2005 on Joe Lilla’s property.

f. The town had received for approval a Schedule for Appointment of Agent for the Northwoods Convenience Center, N4795 State Hwy. 32, Krakow WI with the agent to be appointed being Diana Stark. MOTION (Smith/Lewis/PASSED) to approve the appointment of Diana Stark as Agent for Northwoods Convenience Center.

g. MOTION (Powers/Lewis/PASSED) to approve the application for a Combination Class A Beverage License and Cigarette License by Agent Diana Stark for Northwoods Convenience effective July 28, 2005.

h. MOTION (Lewis/Powers/PASSED) to enter into a Memorandum of Understanding of the Statewide Voter Registration System and Shawano County whereby the Town of Angelica declares its intention to have the Shawano County Clerk enter and maintain data within the Statewide Voter Registration System and agrees to reimburse the County for the costs associated with entering and maintaining the town’s data.

i. Chairman Smith informed the board of the need to shoulder Middle Drive from Green Valley Road east to State Highway 32 to prevent the blacktop at the edge of the road from breaking up. This work will not be done until the town knows if money is available and what the cost of shouldering Hillside Drive is and he gets an estimate on the cost of the proposed shoulder work on Middle Drive.

j. A draft of a letter to four property owners in the town where it appears their driveways will not allow emergency vehicles to get in and serve that property because of width, encroachment of trees or vegetation and weight a bridge can carry. Supervisor Powers asked if the Pulaski Tri-County Fire Department Chief had seen these driveways and Chairman Smith informed the board that the Fire Chief had pointed out these driveways and had a concern about being able to get the fire trucks in to serve the property. MOTION (Lewis/Powers/PASSED) to send a letter, as drafted, to the four property owners along with a copy of the 7-11-05 Ordinance that contains specifications pertaining to width and height clearance for driveways.,

Specific Town Board Notice and Agenda for Upcoming Town Board Meeting: The next town board meeting will be held on the Monday, August 8, 2005.

Voucher Listing/Payment of Bills: MOTION (Lewis/Powers/PASSED) to approve vouchers No. 2796 through No.2835.

Adjournment: MOTION (Powers/Lewis/PASSED) to adjourn the meeting. The meeting was adjourned at 9:30 p.m.

MINUTES TAKEN BY____________________________________________ Date_________________________

Janet Powers, Town of Angelica Clerk

The foregoing minutes were presented to and approved by the Town of Angelica Board of Supervisors on 8-8-05.

They were approved without correction approved with correction

ATTEST: ________________________________________________ Date _______________________

Town of Angelica Chairman