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Selected Meeting Minutes
Town Board Meeting
Apr 11, 2011

 TOWN OF NEW DENMARK

MINUTES FROM MONTHLY MEETING

APRIL 11, 2011

The regular monthly meeting for the Town of New Denmark was called to order on Monday, April 11, 2011 at 7:00 p.m. by Chairman Bill Krueger.  After the Pledge of Allegiance the Minutes from March’s regular monthly meeting were read.  Sup. Rabas clarifies the Town’s Association meeting was April 2nd.  A motion was made by Sup. Goetsch to accept Minutes with correction, seconded by Sup. Rabas.  MC 

MINUTES FROM SPECIAL MEETINGS:  None 

TREASURER’S REPORT:  As of March 31, 2011,the Treasurer’s books show a balance on hand of $642,836.05 in the money market and $39,767.40 in checking.  Motion made by Sup. Goetsch and seconded by Sup. Rabas to accept report. MC 

COMMENTS and CONCERNS FOR THE PUBLIC:  Dawn Chervenka 5856 Langes Corners Rd requests the Board look at drainage problem on Langes Corners Rd and requests the water be routed to the other side.  Board to review. 

OLD BUSINESS:  Zoning Administrator Position  Chairman Krueger states he spoke w/ Town of Scott and they have hired an Administrator for 4 days per week and Mr. Jensen may be interested in sharing time with New Denmark.  Chairman Krueger to request resume.  Three other candidates applied and the Board will review collectively.  Motion by Sup. Rabas and seconded by Sup. Goetsch to table until application received. MC   Conditional Use Permit for N.E.W. Organic:  Sup. Goetsch states he will meet with Rob Larsen and review reports to determine the best way to handle the reporting requirement.  Foth & Van Dyke prepares yearly reporting for DNR. 

NEW BUSINESS

APPROVE INFORMATIONAL BUILDING & CULVERT PERMITS:  Clint and Angela Rau for a single family home and detached garage on parcel ND-72.  80 acre parcel located off Cty Hwy T.  Motion by Sup Goetsch and seconded by Sup. Rabas to approve with setbacks and wetland issue addressed by County and DNR.  MC.  Carol DeMoulin of 5727 Cty Hwy R for removal of barn.  Motion by Sup. Goetsch and seconded by Sup. Rabas to approve.  MC 

CSM FOR 5343 PARK ROAD (Creating 2.01 acre lot with homestead): Cliff Kane is requesting CSM on behalf of property owners.  Sup. Rabas believes it should be referred to Plan Commission to re-zone to Ag-R from AG-1 with the balance being unbuildable.  Question as to number of acres with parcel ND-162 as Brown Cty lists 39 and town tax roll shows 34.7 acres.  Gary Taicher to review w/ Brown Cty.  Motion by Sup. Goetsch and seconded by Sup. Rabas to refer to Plan Commission for rezoning hearing.  MC  

CSM for C. KAFKA for PARCEL ND-131 (Creating a 2.054 acre lot):  CSM reviewed.  No setbacks noted or barn location on CSM.  Question as to number of acres remaining.  Motion by Sup. Goetsch and seconded by Sup. Rabas to table.  MC 

ASSESSOR’S REPORT:  Gary Taicher states he is ready to transfer the tax roll.  Board of Review set for May 23, 2011 from 6:30 p.m. – 8:30 p.m.  Open book tentatively set for May 7, 2011 from 9:00 a.m. – 11:00 a.m.  He will confirm dates and time with Clerk for publication and posting.

REVIEW/APPROVE 2011-2012 FIRE CONTRACT:  Atty Sickel has reviewed 2011-2012 contract and added the contract is entered into pursuant to Chapter 213 of Wis. Stats. which governs volunteer fire depts.  Contract price based on assessed value of Town.  Motion by Sup. Goetsch and seconded by Sup. Rabas to accept.  MC 

APPOINTMENT OF PLAN COMMISSION MEMBERS:  Chairman Krueger nominates Francis Rabas (2 yrs), Norbert Hansen (2 yrs), Kathy Janssen (1 yr), Steve Olsen (1 yr), Chairman Bill Krueger (1 yr) with Michael Gaworek and Mike Calewarts as alternates.  Motion by Sup. Goetsch to accept nominations and appoint members to the Plan Commission for the terms stated.  Seconded by Sup. Rabas.  MC. 

APPOINTMENT OF VARIANCE COMMITTEE MEMBERS:  Chairman Krueger nominates Jim Wavrunek to a 1 yr term to the Variance Committee.  Motion made by Sup. Goetsch to accept nomination.  Seconded by Sup. Rabas.  MC 

UPDATE ON LEGAL ACTIONS:  In Berger case 10-CV-2574 the parties have agreed to utilize Atty. Winston Ostrow as a third-party mediator.  Court requires some form of ADR prior to proceeding on action.  Any agreement would be subject to approval by the Town Bd.  The Town was also served with a new legal action Brown Cty Case 11-CV-813 regarding Joe’s Lane.   Town has 20 days to Answer Complaint.  Atty. Sickel to address legal strategy in closed session at the conclusion of the mtg.  Sup. Rabas inquires as to the status of ordinances.  Atty. Sickel will begin work in the upcoming months.  Sup. Goetsch inquires as to Mischler/Bruflat property. No additional info at this time as it appears Mischler is attempting to negotiate to acquire Bruflat property. 

ROAD & BRIDGE REPORT:  Sup. Rabas states Essman Lane sustained runoff damage during last storm with major washouts.  Culvert to be looked at as it cannot support that amount of water flow.  Road complaints are being compiled and will be reviewed during Road Tour on April 28, 2011 at 1:00 pm.  Sup. Goetsch questions snow removal on Cedar Meadows Lane.  Bielinski states his trucks were out 2-3 p.m. and again at midnight.  Difficult to clear with garbage bins and mailboxes in right-of-way. 

GRASS CUTTING: RIGHT-OF-WAYS:  Sup. Rabas requests the Clerk publish same ad for seasonal grass cutting as in the past.  First cutting to start around June 15th

PLAN COMMISSION RECOMMENDATIONS: Plan Commission Minutes read by Clerk.  Sup. Rabas requests addition to Minutes to include discussion regarding address of ND-675 and ND-674 is Kvitek Road and not Denmark Road or Joe’s Lane.  Chair questions if any further corrections.  None.  Minutes accepted.   JOE’s LANE:  Jim Wallen in attendance to offer clarification of Brown Cty GIS mapping process.  Map revised 3/24/11 to reflect Joe’s Lane extends an additional 268 ft to the Lacenski property.  This change was made upon the info compiled by Atty. Wickert, gas tax maps, review of Plat of Survey/CSMs and aerial photos.  The system is not always accurate but when additional information is presented to support a finding, they make every attempt to accurately reflect where roads are located by use of those documents.  Mr. Wallen is not here to advocate for either side but to offer an explanation as to the process and what occurred and why changes were made. 1938 aerial photo presented shows Joe’s Lane with original homestead.  Atty. Wickert states the Town received highway aids from 1932-2010 for a full ¼ mile.  Sup. Goetsch questions if Joe’s Lane is vacated if it will land lock Lacenski parcel.  Parcel A and Parcel B submitted as exhibits.  Parcel B marital property and was transferred to daughter in August of 2010.  Atty. Wickert argues this did not cause the Lacenski property to be landlocked because Joe’s Lane is and was in existence.  Sup. Goetsch questions why the road would stop 268 ft short.  From the photos it appears to be a road.  Chairman Krueger states it also runs the entire length on the westerly side.  Sup. Rabas states transfer to daughter occurred when the process to vacate had already started. Sup. Goetsch feels they need to look at what is currently before them and base the decision on the information that has been presented as it is today and if it creates a land locked parcel, it should not be vacated.  Sup. Rabas feels there is no proof to show Joe’s Lane ever ran the additional 268 ft.  Mr. Wallen states there is no proof for half the roads that currently exist in the Town.  CSM depicts 268 feet on westerly side.  Sup. Goetsch believes the Board needs to make a decision that is reasonable based on evidence and questions why the Town should incur additional legal costs to dispute the issue unless the evidence strongly supports the outcome. From the evidence presented, Sup. Goetsch feels the road went the extra 268 ft.  Sup. Rabas states the aid does not substantiate it was a road and this parcel has Kvitek road address and it was not serviced for all these years. Sup. Goetsch concerned about creating a land locked parcel and makes a motion to not vacate Joe’s Lane.  Seconded by Chairman Krueger.  Sup. Rabas opposed.  MC 2-1.  ALVIN LANE:  Motion by Sup. Goetsch and seconded by Sup. Rabas to have Atty Sickel send ltr to Brown Cty to take over responsibility of Alvin Lane.  MC   BARTA LANE:  Motion by Sup. Goetsch and seconded by Sup. Rabas to have sent ltr to Brown Cty to take over responsibility of Barta Lane.  MC   Warren Johnson questions the two homes located on Barta Lane and the Board advises Brown County will be responsible for maintenance and upkeep.  EASTWIND DRIVE:  Wade Berger present and states due to current litigation he would request the Board table the vacation of Eastwind Drive until resolution has been reached.  Ltr previously provided to Board objecting to vacation.  Mr. Berger questions basis for vacating Eastwind Drive.  Atty. Sickel states it is pursuant to Wis. Stats. 66.1003.  Mr. Berger believes the application of this statute is inappropriate.  Sup. Goetsch questions the non-conforming lot which would be created if Eastwind Drive is vacated.   Property located at 5528 S.  Hwy T would have approximately 184 feet of frontage on Hwy T.  Sup. Goetsch also questions legal ramifications if they proceed.  Atty. Sickel states the issue of Eastwind Drive was decided by the Court and it was determined Eastwind Drive is a legal dedicated road.   Since the Town is in the process of vacating roads, it was appropriate to address at this time.  Chairman Krueger states the Town never received highway aids for Eastwind Drive. Wade Berger states in review of past Minutes it was recommended the Town utilize Eastwind Drive as a road, but the Town elected not to.  Sup. Rabas states one of the property owners is in favor of vacating Eastwind.  Mr. Berger states one of the adjacent land owners is opposed to vacation and people were aware this was a road when property was purchased.  Atty. Sickel states he has reviewed the criteria that must be considered when vacating roads and by vacating Eastwind Drive does not land lock any parcel as Mr. Berger has 800 feet of frontage on Hwy T.  Mr. Berger requests the Board take a walking tour of property as his access to his land on north would be limited due to the deep ravine and navigable stream.  Chairman Krueger states many parcels in New Denmark have similar landscapes.  Sup. Goetsch questions if ease of access to property is a legal issue.  Atty. Sickel states hardship does not mean it limits his access and feels there is adequate case law to substantiate those findings.  Sup. Goetsch questions if the Town would purposely create a non-conforming parcel with less then 200 feet of frontage; Sup. Rabas states that occurred on Frontier Road with wedged parcel due to railroad tracks.  Wade Berger states Brown Cty Plan Commission, Brown County Highway Commission and the DNR have provided letters objecting to the vacation of this road.  Clerk and Atty. Sickel do not have those letters and Mr. Berger will furnish copies to the Clerk.  Attorney Sickel states Mr. Berger does not have adequate frontage on Eastwind Drive to place a home because a cul du sac does not exist and frontage must be continuous, which leaves approximately 65 feet of frontage on Eastwind Drive.  Frontage for the Berger parcel would have to come from Hwy T.   Motion by Sup Rabas to vacate Eastwind Drive.  Seconded by Sup. Goetsch.  MC 3-0  FRONTAGE ROAD E:  Motion by Sup. Goetsch to send ltr to State to assume responsibility of property.  Seconded by Sup. Rabas.  MC   LARSEN ROAD:  Access not an issue.  Motion by Sup. Rabas and seconded by Sup. Goetsch to vacate Larsen Road. MC   NESHOTA LANE (a/k/a JIM”S LANE):  Bd discusses options to keep access open to K. Rassmussen property.  Existing parcel surrounded by Larsen property.  Intent to eliminate the bridge.  Motion by Sup. Rabas to vacate 800 ft of the northerly portion of Neshota Lane with formal survey to be conducted.  Seconded by Sup. Goetsch.  MC  SWOBODA LANE:  Motion by Sup. Goetsch and seconded by Sup. Rabas to vacate Swoboda Lane.  MC    Conditional Use Permit for Non-Metallic Mineral Extraction:  Motion by Sup. Goetsch to approve conditional use permit and request Clerk forward to existing gravel operators.  Seconded by Sup. Rabas.  MC 

CORRESPONDENCE:  Br. Cty Highway meeting to discuss upcoming road projects.  Sup. Rabas states Village of Denmark is considering charging fees for use of ball diamonds to offset upkeep and maintenance.  Ltr from Fox Valley Disposal requesting opportunity for future bid.  Flyers from Lange Enterprise re: signs.  Discussion whether Road Closed signs or barricades should be purchased; Sup. Rabas to check into pricing.  WTA is providing online video conferencing and programs.  Sup. Rabas states the Town may need to review Wind Siting Ordinance when finalized by State to include escrow accounts.  Town should also adopt a Livestock Siting Ordinance.  Clerk states one is presently on file.  Atty. Sickel may review to ensure current rules and regulations are included in ordinance.  Sup. Rabas states the State Historical Society must be contacted when Town records are purged. 

Motion by Sup. Goetsch and seconded by Sup. Rabas to move into closed session to discuss Brown Cty Case No. 11-CV-813 and 10-CV-2574.  Motion by Sup. Goetsch and seconded by Sup. Rabas to move back to open session at 9:50 p.m.  MC 

PAYMENT OF BILLS:  Motion by Sup. Goetsch and seconded by Sup. Rabas to pay bills.  MC Motion by Sup. Goetsch and seconded by Sup. Rabas to adjourn at 10:10 p.m.  MC 

Prepared by: Michelle Wallerius, Clerk

Approved:  May 9, 2011



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