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August 18, 2008 Regular Monthly Minutes
TOWN OF NEW DENMARK
MINUTES FROM MONTHLY MEETING
AUGUST 18, 2008
The August regular monthly meeting for the Town of New Denmark was called to order on Monday, August 18, 2008 at 7:00 p.m. by Chairman Gary Moore. After the Pledge of Allegiance the Minutes from July’s regular monthly meeting were read and being one revision it was noted by Sup. Rabas the resurfacing of the roadway should be 1.18 miles. Motion by Sup. Bradley and seconded by Sup. Rabas to approve the Minutes with revision. MC
MINUTES FROM SPECIAL MEETINGS Special Minutes from a meeting on July 21, 2008 read by the Town Clerk. Motion by Sup. Rabas and seconded by Sup. Bradley to approve. MC
TREASURER’S REPORT
The Treasurer’s books show a balance on hand of $641,735.96 in the money market, $9,000 designated to Town Bridge Fund and $1, 673.91 in checking. Motion made by Sup. Rabas and seconded by Sup. Bradley to accept report. MC
COMMENTS OR CONCERNS FROM THE PUBLIC:
K. Mashal questions the grass cutting on Christensen Lane and questions whether the lane could be considered for blacktopping as it is only 500-700 feet and there are three families that reside on this road. F. Wiltman questions about cutting brush back on Ronk/Town Hall roads as it has gotten very high. Also question as to the need for all the special meetings being held and inquires who is paying for these? Also questions the work going into the bridge specs and states the work should be put out for bids and allow those bidding provide the necessary specs. C. Winnekens inquires if two caution signs should be added by the guardrail by the railroad tracks on Langes Corner. Also states Railway Commission would conduct a safety study if Town requests and provide a determination for safety upgrades based on traffic and speed.
OLD BUSINESS: Clerk states Mr. Vincent requested his request for a variance that was granted to 4845 Hidden Acres Lane be placed on hold as they currently have an accepted offer for the entire property. Closing date is August 25, 2008 and would prefer to sell the entire property together.
NEW BUSINESS
CONNOR LANE:
Attorney Sickel provides Memo to Board. Letter sent to Mr. Wery in July and in response to that letter a Notice of Claim dated July 24, 2008 was filed. Matter referred to Rural Insurance – the Town’s liability carrier and they in turn provided a preliminary legal review to that claim. A Notice of Claim is required to be filed by a party before a civil action can be filed against the Town. Mr. Wery raises four potential claims: 1) Breach of good faith. Attorney Sickel states he see no contract was ever entered between the parties and thus, no standing for breach of contract claim. 2) Involuntary Taking of well. A party cannot adversely take possession of “Town or government property.” CSM clearly dedicates Connor Lane to the Town. 3) Equal protection claim: Only recourse by party is to show the Town has set a precedent of non-enforcement of setbacks and history of allowing construction without the issuance of building permits and he does not believe there is any precedent to back this claim. 4) Relief requested is to enter into agreement which was proposed in March of 2008. The Town will have option to disallow the claim and by doing so Mr. Wery would have 6 months from the disallowance to file a civil action. Otherwise, the statutory timeframe is enlarged to 3 years After Attorney Pollen reviews additional material, he would recommend the Town state the Claim is disallowed and re-state the Town’s position that Mr. Wery apply for an appropriate building permit, request for a variance hearing and relocate the well. Mr. Wery also has the option to work with the neighboring property owner to obtain additional land.
DILAPIDATED BUILDINGS
Chairman Moore states there are 3 properties within the Town that could be deemed unfit for human occupancy. Options available: The Town can issue a citation and require appropriate repairs as provided in Town ordinance or 2) Under State statute 66.04(1)(3) provide a 30 day notice to property owners that property has been declared a public nuisance. The property owner has 20 days to respond and then the Town can file an action in Circuit Court for an Order to Raise Building. The cost of demolition would be applied as a lien to the property. It will also be necessary to obtain a Court Order to enter the property to perform demolition. Properties to be addressed: Old school house off of Pine Grove; Ward property on Highway P which was damaged by fire; and neighboring property which Brown County has previously condemned and is now vacant. Motion by Sup. Bradley and seconded by Sup. Rabas to have Attorney Sickel send Notice to raise the following properties: ND-17-1 (4712 CTH P), ND-18-1 (4706 CTH P) and ND-100. Clerk to verify parcel numbers. MC.
UPDATE ON BUILDING PERMITS
Chairman Moore states there have been some problems with the Informational Building Permit Forms. One resident built without any type of permit and one started construction but too close to property line and then sought a variance. Request to have a plat map or drawing be attached to all future Informational Building Permit Forms so Bd can review prior to approving. Chairman Moore also states one person from the Town Bd cannot approve permits. It must be brought before the Town Bd collectively. Norb Buresh will continue to review setbacks and zoning questions once Bd approves initial form requesting a permit.
ASSESSOR’S REPORT: None
TOWN ROAD & BRIDGE REPORT:
Langes Corner blacked topped on Wed/Thursday with the shoulder to be added. After resurfacing a tractor entered the roadway and marks were left in the asphalt. Three culverts have been added on Langes Corners. 73 loads of gravel were hauled. There was a delay with grading some roads but it was done in an attempt to keep rates and expenses down by allowing the trucks to disperse the gravel and then grade roadways in certain areas only once. Final plans for repairs to Park Road Bridge were received. Anticipated start date for project is July 1, 2009.
APPROVAL OF INFORMATIONAL BUILDING PERMITS
Jean Jensen: 5183 Langes Corner Road to construct a 24x24 garage. Proposed map attached. Motion by Sup. Bradley and seconded by Sup. Rabas to approve. MC Tom and Nancy Kellner: 5561 Cooperstown Road to construct a packing shed to existing barn. Grainery to be moved. Motion by Sup. Rabas and seconded by Sup. Bradley to approve. MC
CORRESPONDENCE
Letter from Brown County Plan Commission stating the County as received a $400,000 grant for clean-up of Brown Fields. Site assessment to be submitted. Bd not aware of any sites at this time. 2008 Fall Budget Workshop being offered by the WI Towns Association. Ltr from Dept of Revenue stating the Town is in compliance with assessments. Newsletter from Bay Lakes Regional Planning available for review. Chairman Moore states he received a phone message from a resident about wild parsnips which are an invasive plant found in the township. Plant can cause severe burns/scarring. Chairman Moore states the Town’s Code of Ordinances are being reviewed and updated. Attorney Sickel states they are about 1/3 of the way complete. Would expect to have a completed version back to the Bd by the October meeting.
PAYMENT OF BILLS: Motion by Sup. Bradley and seconded by Sup. Rabas to approve and pay bills. MC
Motion by Sup. Bradley and seconded by Sup. Rabas to adjourn at 8:30 p.m. MC
Prepared by:
Michelle Wallerius, Clerk
Approved: September 10, 2008
Archive:
August 31, 2010 Special Town Board Meeting Minutes
August 17, 2010 Plan Commission Meeting Minutes
July 20, 2010 Plan Commission Meeting Minutes
July 12, 2010 Regular Monthly Meeting for July
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes