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August 10, 2011 5:30 p.m. Chairman Specht called the meting to order at 5:30 p.m. Roll call – Roger Bean-yes, George Vukich-yes, Chairman Specht-yes, Dale Simonson-yes, J.K. Walsh-yes, Jim Collis-yes, Richard Mazzoni-no. Alternate – Jan Brendle – yes. Quorum present. Zoning Administrator William Bruce present William Bruce reported that the meeting had been posted and the amended agenda had been posted in timely manner. Minutes of the July meeting were read. Motion made by Jim Collis to approve the minutes as written. Second - George Vukich. Motion carried. Chairman Specht reserves the right to change the order of the agenda at a later time if necessary. NEW Business- Chairman Specht- We will review the Ordinance for Driveway and Highway Access Permits that was e-mailed to the members. Zoning Administrator William Bruce reported he has received responses from Mr. Mazzoni and Mr. Simonson.. #1 is too long, shorten it to “the purpose is to regulate and assure, for the public health reasons and safety reasons, the establishment. repair, construction, improvement, modification, and reconstruction of all private driveways. This is not a Town zoning ordinance” Mr. Bruce explained that he took information from the State Statues and used the pieces that fit our needs. Mr. Mazzoni wrote that he would like to see a table of contents, shorten/modify Section 1 Section 3 spelling error. Mr. Bruce- We have no control over access on Highways- State, County is over County Roads. We will have control over Town roads. Other issues- Sec 6 Paragraph D- fee- suggest $50.00. Section 8 Penalty, forfeiture $200. to $300. Other Town Ordinances are $200. per day plus court costs. Section 6- Mr. Simonson’s - take out the first line and start at Commencing Chairman Specht discussed culverts are not necessary in most places. William Bruce- culvert is used where there is a drainage ditch along the road. It is a judgment call. This will read 15” below grade. Roger Bean- Sec 1 – “not zoning ordinance” yet everything goes thru the Zoning Administrator in Section 5. Mr. Bean has seen where the permit is issued by the Clerk and the follow up is Public Works department. Discuss Sec. 4, definitions. Are they anywhere else, need to be sure they are same. Impacted Landowner, Clerk, not mentioned. Sec 6- after 6 mos. have to meet compliance- who will inspect.. Will any be grandfathered? Looks like all will have to be done. Dale Simonson- It doesn’t say that- if need a driveway will have to get a permit. Roger Bean would recommend not to pass this ordinance. William Bruce- reason this ordinance was requested was we have no way to go back to charge for damages if they deny responsibility. This would require identification, proof of operation. Helps protect the town from damages caused by contractors. Roger Bean- can’t see why we need this as there are other ways to pursue getting money back. William Bruce- Burden of proof. States the contractor putting in driveway, permit fee , maybe $10.00, contractor listed. Prevent costs to Town from damages by contractor. Roger Bean- what if road is damaged 10 feet away, would we be back where we started? Chairman Specht- Generally agree with Mr. Bean- 60% won’t get the permit. William Bruce- he receives calls monthly about driveway permits and information. Chairman Specht- question is do we need. William Bruce discussed if putting in width, what are the requirements? Chairman Specht- Because there are requests for information, should there be a fee attached? We know the violators, we have enforcement procedures in place. Jim Collis- State and County have one and we need one. Roger Bean- If we proceed we need to recognize State Roads and County Roads. Dave Specht- not on private roads. Roger Bean- If you believe that existing driveways aren’t affected by this, need better wording. George Vukich- Question is do we want to pursue this Ordinance, Chairman Specht- Sec4- first line- just line it out. Roger Bean- If need a permit- need 15 ft road surface. Discuss 15 ft wide and culverts. William Bruce- 15 ft wide plus for a culvert 1 ft more each side. Dale Simonson- When does this become effective? William Bruce-date it is published. Jim Collis- discuss last time damage done cost was about $3000.00. Can we vote to see if we should proceed? Motion to proceed with the Driveway and Highway Access Permit Ordinance. Second- Dale Simonson. Motion carried 4/2. William Bruce- any further information can be turned in to me (William Bruce). Chairman Specht- any other comments? OLD Business- #.09, MVP is in final draft, 3.03 and 3.04- no further changes. Motion to hold the Public Hearing was made last month. Roger Bean strongly recommends sending a letter to the newspaper for the two notices they did not print. Public Comment- None Commission Member comments- None Next meeting date will be September 14, 2011. %:30 will be the Public Hearing and “following” will be the meeting. Motion to adjourn was made by Dale Simonson. Second Jim Collis. Motion carried. Respectfully submitted, Marion L. Uphoff Assistant Clerk/Treasurer