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Town of New Denmark

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Selected Meeting Minutes
Regular Monthly Meeting
Mar 09, 2009

TOWN OF NEW DENMARK
MINUTES FROM MONTHLY MEETING
MARCH 9, 2009

The regular monthly meeting for the Town of New Denmark was called to order on Monday, March 9, 2009 at 7:00 p.m. by Chairman Gary Moore. After the Pledge of Allegiance the Minutes from February’s regular monthly meeting were read and being no revisions a motion was made by Sup. Bradley and seconded by Sup. Rabas to approve. MC. Sup. Rabas clarifies under Non-Metallic Mineral Extraction 31.05(m) the 10 cent per ton fee be eliminated.

MINUTES FROM SPECIAL MEETINGS: None

TREASURER’S REPORT: The Treasurer’s books show a balance on hand of $713,361.47 in the money market, $4,602.80 in checking. Motion made by Sup. Rabas and seconded by Sup. Bradley to accept report. MC

COMMENTS OR CONCERNS FROM THE PUBLIC: Frank Wiltman questions $7,000 in legal fees paid to date when all of last years fees totaled $9,000. Chairman Moore states legal fees are necessary as the Town progresses.

OLD BUSINESS
Code of Ordinances: Atty Sickel has reviewed Chapter 31 of the Code of Ordinances and has eliminated the 10 cent per ton extraction fee. The fee could be viewed as a tax. A Town does not have the authority to tax. In addition, the annual fee for a permit should be revised to a reasonable fee as it relates to the Town’s cost for issuing the yearly permit. The fee cannot be used to raise revenue for the Town. A $300 fee proposed for all operations. Also, the Town will be required to post and publish a Forfeiture Summary as it relates to potential fines. Atty Sickel also submits a revised Resolution of Chapter 1A – Adoption of Town of New Denmark Code of Ordinances which rescinds all prior ordinances adopted prior to March 1, 2009 and adopts the new Code of Ordinances (Chapters 1-32). Motion by Sup. Rabas to adopt Resolution of Chapter 1A - Code of Ordinances. Sup. Bradley abstains from vote due to conflict of interest. Seconded by Chairman Moore. MC. Resolution No. 2009-04 to be posted and published to be effective.

NEW BUSINESS

ASSESSOR’S REPORT: 2008 sales information returned to State. Assessment values have been added. Will be commencing Spring field work shortly. May see a change in land values. Bd of Review dates to be set at April’s meeting.

NORBERT HANSEN – 2 YEAR ZONING EXTENSION: Question as to how many extensions have been granted. Clerk to review Minutes. Request to table until April.

CONCERN FROM CITIZENS ON SPREADING PAUNCH MANURE: Mike Heim of 4934 Denmark Road inquires if there is an ordinance that addresses the problem? Paunch manure is not regular farm by-product. It has a terrible stink. Could an ordinance prohibit the waste being brought into the Town? Does odor from the paunch manure fall under the nuisance ordinance? Atty Sickel cautions that the Town cannot prohibit “normal” farming operations as this is a farming community. Chad Kane present and construction of a Digester has been proposed which is a viable alternative to the disposal of paunch manure vs. land spreading. Town has dealt with spreading of cheese waste in the past and uncertain if Town ordinance would supersede DNR permits to land spread. Darren Hebel of 5089 Cooperstown Road states the material is not being worked into the ground. A chisel plow leaves 50% of the product on the surface. DNR recommends it be worked in at least 4 inches. Currently the ground is so saturated – the smell is constant and it is unbearable to be outside. Mike Heim states the product was spread in fall and they are currently staging the waste. How much waste can be applied per acre? James Guns 4989 Church Road: Has similar concern as to what occurred in Morrison and possible contamination of wells/ground water, especially if the ground keeps getting saturated. Kathy Janssen of 6300 Rosecrans Road hopes the digester will be built to curb this problem and it is green. Bill Hafs of 5526 Hope Lane works at Br Cty Land Conservation Dept and states the digester will not completely take away the land spreading problem. By-product still needs to be land applied, but the odor will be eliminated. Br Cty regulates amount of waste being land spread. Paunch waste is considered industrial waste and a Nutrient Management Plan must be in place. Brent Petersen of 5449 Cty NN states the waste cannot exceed certain nitrogen levels. A typical corn crop can accept 2500 ton for fall & spring (120-140 units of nitrogen). The digester will eliminate 85% of the odor and all pathogens which affects water quality. Paunch can save a farmer $300/400 per acre vs traditional fertilizers.

Question if ordinance could be drafted to protect water quality? Bill Hafs states Br Cty investigated the site in question and they are within the limits of the Nutrient Management Plan and w/in the winter spreading guidelines. Atty Sickel states the most stringent ordinance would apply if the Town attempts to address an odor issue. Jeff Rowsam of Cty Hwy P believes this issue should be made a priority. Maybe consultants or a report could be prepared and provide better options for the future or a committee could be formed to zero in on the issue and become better educated. Atty Sickel will look at ordinance options to address air contamination. Charles Winnekens suggests setting a timeframe when paunch could be spread and requirement it be worked in may address some of the problem. Frank Wiltman concerned about ground water quality. Believes digester would alleviate that concern. Industrial waste is regulated by the DNR and County is working on improving communications so they are aware of all products being land spread. Joe Kobes 5969 Cty Rd T believes it should be the slaughter house problem as to where product is disposed and not allowed into Town. Chairman Moore states if anyone is interested in forming a committee to address this concern, a sign up sheet can be started.

RESOLUTION FOR CONDUIT BOND – ELECTOR PETITION: Clerk reads proposed Resolution accepting Elector’s Petition requiring a Referendum to proceed with Conduit Bond for NEW Organic Digestion, LLC. Motion by Sup. Rabas and seconded by Sup. Bradley to accept Resolution. MC (Resolution No. 2009-03).

ROAD & BRIDGE REPORT: Phase II contract from Ayres not yet signed. May be eligible for some stimulus funds. Sup. Rabas believes there is time to apply for funding. Motion by Sup. Bradley to table Phase II contract, seconded by Sup. Rabas. MC Sup. Rabas to follow up on federal funding requirement/application. Weight limits to be applied to Town roads March 15th. Resident request to relocate mailbox on Shady Lane due to snow plowing issues. Sup. Rabas to follow up. Sup. Rabas and Sup. Bradley to begin town road inspections for upgrades/needed improvements.

AERIAL PHOTOGRAPHY MAP DISCUSSION: Tabled until later date.

VIKING RESCUE SQUAD UPDATE: Proposal to reduce Bd of Directors from 9 members to 3. Members no longer need to be from the communities. The Bd of Directors would run the operation. Personnel qualifications would be brought up to date. Lawyers are reviewing the legalities of those provisions.

INFORMATIONAL BUILDING PERMIT FORMS: Bob/Sam Kroll – Request for single family home on ND-493 (39 acres). Motion by Sup. Bradley and seconded by Sup. Rabas to approve. MC.
Bradley Farms: 6701 Hwy R to construct 70,000d sq foot waste storage facility – cement lined. County approved with set backs. Motion by Sup. Rabas and seconded by Chairman Moore to approve permit. MC Richard/Brian Bradley of 6701 Hwy R to replace barn damaged by 2/13/09 fire. Motion by Sup. Rabas and seconded by Chairman Moore to accept permit for barn construction. MC

CORRESPONDENCE: Ltr from Health Dept requesting to inspect property on Benecke Road for health and safety concerns. Info from WI Towns Association stating stimulus funds available for bridge projects over 20’ in length. WI Dept of Transportation anticipating cuts for 2009-2011 due to State budget shortfalls which will affect local gov’t funding. Biggest obstacles for towns will to do more with less. The State is looking at revamping the Farmland Preservation Act.

PAYMENT OF BILLS: Motion by Sup. Rabas and seconded by Sup. Bradley to approve and pay bills. MC

Motion by Sup. Bradley and seconded by Sup. Rabas to adjourn at 8:55 p.m. MC

Prepared by: Michelle Wallerius, Clerk
Approved: April 12, 2009



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