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Town of New Denmark

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Selected Meeting Minutes
Regular Monthly Meeting for June
Jun 14, 2010

TOWN OF NEW DENMARK
MINUTES FROM MONTHLY MEETING
JUNE 14, 2010

The regular monthly meeting for the Town of New Denmark was called to order on Monday, June 14, 2010 at 7:00 p.m. by Chairman Krueger. After the Pledge of Allegiance the Minutes from May’s regular monthly meeting were read. A motion is made by Sup. Goetsch and seconded by Sup. Rabas to approve. MC

MINUTES FROM SPECIAL MEETINGS: Minutes from May 18, 2010 Special Meeting regarding garbage/recycling bids read. Motion by Sup. Rabas and seconded by Chairman Krueger to accept. MC

TREASURER’S REPORT: The Treasurer’s books show a balance on hand as of May 31, 2010 of $611,596.18 in the money market and $39,720.49 in checking. Motion made by Sup. Goetsch and seconded by Sup. Rabas to accept report. MC

COMMENTS and CONCERNS FOR THE PUBLIC: Steve Olsen of 5951 Old Settlers Rd states he had garbage/debris dumped in his cornfield off of Park Rd and requests a citation be issued as he located numerous pieces of mail which were half-burnt containing a name and address. Constable to issue citation and refer to Municipal Court. Darren Hebel of 5089 Copperstown Rd concerned over hauling of waste on fields by Cooperstown Rd and not being re-worked into the land and fields are being left desolate for the year. He is concerned the product will be hauled continuously throughout the year and the fields are being used as a dumping ground. Smell from the waste is unbearable. Harry McFall of 5127 Cooperstown Rd questions who is regulating the land spreading, what is actually being spread and how many loads are being land applied. The smell is unbearable. Spill also occurred on Cooperstown Rd 10 ft from waterway and someone should have been notified. Chairman Krueger states this is been an ongoing problem for a number of years and NEW are working to fix this problem. Bill Hafs of Br Cty Land & Water states Brown Cty is responsible for animal waste/storage permits and DNR monitors industrial waste and/or wetland issue. Brown Cty ultimately revised their ordinance in order to regulate both wastes in an attempt to somewhat regulate NEW’s by-product. Brown Cty has received numerous complaints and has investigated the site. Violations have been referred to Corp. Counsel for possible citations for failure to provide a nutrient management plan to Br County. Br Cty Health Dept monitors odor complaint if not related to agriculture. DNR does not monitor industrial odor and NEW is combination of both. McFall questions number of loads that can be land applied. Trucks came through from 7 am -11 pm continuously and concern about well water contamination and air quality. Bill states monitoring of private well water quality would fall upon the property owner and recommends residents test wells at least twice a year. Due to changing technology, the laws have not kept pace with digesters. DNR ultimately receives reports at the end of the year. McFall believes the Town should appoint someone to police the amount of waste. Atty. Sickel states Town ordinance 3.03(g) regulates obnoxious odors and the Town can issue a citation on a daily basis for odor. Fine would be from $10-500 per day. Bill Hafs encourages residents/Bd to attend Cty meeting which is the 4th Monday of month to encourage more regulation in this area. Joe Carter states if the Town issued a Conditional Use permit, the permit could be revoked until problem is fixed. Ricky Collins of 4879 Cooperstown Rd states they have a six month old child and believes it creates an unhealthy environment. Unable to go outside. Jennifer Collins of 4879 Cooperstown Rd states they have had to completely change their lifestyle due to these odors. This business needs to think about the community and the lifestyle changes they are forcing about the neighboring residents. Sup. Goetsch reads Minutes that sets forth the conditions when Digester was approved. Bill Hafs requests a copy of reports when provided to the Town. Ed Cappelle of 6222 Wanek Rd questions weight restrictions on Town roads and bridges. Trucks are transporting waste every ½ hour and exceeding 60 mph speed limit. Sup. Rabas questions if a stronger worded ordinance is needed. Road weight limit is 8,000 pounds and Bd questions weight limit for the bridge. Gary Anderson of 4946 Denmark Rd inquires why the Town cannot meet directly with the business owner to correct the problem. McFall questions why fines have not already been issued due to the number of complaints. Sup. Goetsch states the Bd needs to carefully way what is obnoxious since this is a farming community and not to infringe on farming rights as Ag is not exempt from this ordinance. Michael Gaworek of 4808 Denmark Rd states he is in the same situation and something needs to be done to resolve the problem. Ed Cappelle also wants to make residents aware his property was burglarized a few nights ago by a group of kids. Believes he has addressed the problem with the majority, but may still have problems with one of the boys. Approximately 100 gallons of gas and some tools were stolen.

OLD BUSINESS: Motion by Sup. Rabas to issue citation to Dave Kasten for failing to remove outdoor wood burner from property. Seconded by Sup. Goetsch. MC Motion by Sup. Rabas to issue a warning letter to James Cisler of 7273 Cty Hwy X to clean-up property of debris within 60 days. Seconded by Sup. Goetsch. MC

APPROVE INFORMATIONAL BUILDING & CULVERT PERMITS: Informational Permit from Keith Kinjerski for new home construction on 5566 Ronk Rd. Double wide to be removed within 6 months. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve upon review of setbacks by building inspector. MC Michael and Sue Gaworek of 4808 Denmark Rd (ND-659) for construction of 20x20 concrete patio. Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC Eric Nellis of 5652 Petersen Lane to move and construct enclosed entrance to east of the property. Bd questions whether this exceeds the original footprint and would need variance. Atty. Sickel states a variance would be needed if it exceeds original footprint even though current structure is currently in the right-of-way, but technically grandfathered. If the project is kept within the same area a variance would not be needed. Permit not approved unless size reduced or variance sought.

ASSESSOR’S REPORT: None.

REVIEW OF PROPOSED GARBAGE/RECYCLING CONTRACTS: Waste Management eliminated from the group due to highest price. IWC’s price is for one year – risk of increase in the upcoming years. Veolia proposes 5 year contract with $2.40 a gallon diesel fuel base w/ 1% for anything over. Already exceeding that base price. IWC would establish fuel price based off the date of the contract and charge 1% for every 5 cents that exceeds that amount. Cost over the next 3 to 5 yrs will be based on consumer price index. IWC to provide 60 gallon option to residents at no additional charge. IWC anticipates 2 trucks for the municipality and trash will be disposed at Brown County landfill/ Kewanee may be utilized. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept IWC’s proposal for garbage/recycling services. MC

NOTICE OF CLAIM – WADE BERGER (ND-176-2 & ND-309): Town served with Notice of Claim. Atty. Sickel states three options available: No response. Negotiate with claimant to resolve. Deny the claim to shorten the statute of limitations. Claim to be referred to Rural Insurance for coverage consideration and will address in a closed session at the next Town Bd.

APPROVE CLASS B BEER AND LIQUOR LICENSES: Review of Class B combination beer and liquor licenses for the following: 20th Century Bar & Bowl – Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC B-5 Golf – Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC – Basil’s II – Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC Circle Tap - Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC Wise Guys – Motion by Sup. Goetsch and seconded by Sup. Rabas to approve. MC

REVIEW APPLICANTS FOR SEASONAL GRASS CUTTING: Four bids received. Roy Stein $15 an hr; Frank Wiltman: $12 an hr; Charlie Winnekens $10 an hr, Doug VandenPlas $11 an hr. Sup. Goetsch questions if any problems arose in the past with any of these applicants. Sup. Rabas states a few, last year went pretty well. Sup. Goetsch believes experience should be taken into account vs. just the lowest wage to factor in error or equipment damage. Sup. Rabas believes it should take 450 hr to complete the entire project from start to finish with cutting to the property line. Motion by Sup. Rabas and seconded by Sup. Goetsch to accept Frank Wiltman’s bid. MC

ROAD & BRIDGE REPORT: Advance Construction to commence N. Town Hall bridge project after the 4th of July as the culvert is still being constructed. Entire project to be complete within 30 days. Sup. Rabas spoke with Gordon Ellis from the Village about repairs to North Ave and culvert on Ronk Rd. Repairs to the Village line only, chip seal approximately 505 feet to the hill. Chip seal Petersen Lane from Krueger property to the end. Park Rd from Cattelan’s driveway to Hwy T. Maribel Rd – Maynard’s Lane to bridge. Wedge 96. Wedge Maribel south of 5480. Wedge N. Cherney. 22 loads of gravel to be ordered. Grind and pave Langes Corners to NN – 1 mile. Double chip seal Ronk Rd from Langes Corner 1 mile – south to 2nd curve. Culvert repairs to Kvitek, Jensen Lane and Town Hall/Cty Hwy T & Park Rd. Trees/stumps to be removed from Langes Corner Rd right-of-way and tree limbs to be trimmed. Sup. Rabas also reports bolts/washers missing from Park Rd Bridge guardrails and he will make a call to have them installed. Sup. Rabas called about the railroad signs on Langes Corners Rd. Norb Hansen states branches need to be trimmed on Town Hall Rd as they block that sign, also. Frank Wiltman to be notified to begin grass cutting this week if possible.

Sup. Goetsch inquires about process to issue citation. Atty. Sickel states statements should be obtained from the residents addressing the 5 Ws. Citations could be issued retroactively on those complaints. Sup. Rabas states he can verify those statements as a witness since he toured the area when the complaints were made. Future citation to be issued by constable and fine to be set by municipal court. Motion by Sup. Goetsch and seconded by Sup. Rabas to send NEW Organic a letter with a copy of the Nuisance ordinance putting them on Notice. The Town will continue to monitor the complaints and request NEW Organic comply with the conditions of the Conditional Use permit.

CORRESPONDENCE: Bridge inspection inquiry from Brown Cty to perform inspections for 2010-11. Motion by Sup. Goetsch and seconded by Sup. Rabas to have Br Cty perform bridge inspection. MC. Memo from Br Cty Planning re: Working Lands Initiative. Notice of Winding Siting meeting to discuss parameters w/ Public Service Commission. Ltr from WPS re: monthly street lamp charges. WebDesign statistics relating to use of Town webpage. Thank you for the Denmark Sr Ctr for donation to the Center.

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

CLOSED SESSION: Motion by Sup. Goetsch and seconded by Sup. Rabas to go into closed session w/ legal counsel to discuss pending litigation in Brown Cty Case No. 09-CV-175 (Order to Raze ND-17-1 @ 4712 Cty Hwy P) pursuant to Wis. Stats. 19.85(1)(g).

Motion by Sup. Rabas and seconded by Sup. Goetsch to adjourn at 10:08 p.m. MC

Prepared by: Michelle Wallerius, Clerk
Approved: July 12, 2010



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