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Town Board Meeting Minutes
Feb 14, 2011



FEBRUARY 14, 2011


The regular monthly meeting for the Town of New Denmark was called to order on Monday, February 14, 2011 at 7:00 p.m. by Chairman Bill Krueger.  After the Pledge of Allegiance the Minutes from January’s regular monthly meeting were read and a motion was made by Sup. Goetsch seconded by  Sup. Rabas to approve.  MC




TREASURER’S REPORT:  As of January 31, 2011,the Treasurer’s books show a balance on hand of $753,041.72 in the money market and $39,654.10 in checking.  Treasurer states January Settlement noted at bottom of report.  Motion made by Sup. Rabas and seconded by Sup. Goetsch to accept report. MC


COMMENTS and CONCERNS FOR THE PUBLIC:  Gary Moore of 5523 N. Town Hall Road requests the Board look into dumping which is occurring on N. Town Hall by the new bridge and suggests a trail camera could be utilized in areas to determine who is dumping and citations could be issued or signs could be posted in areas where this occurs on a regular basis.  Francis Rabas provides information about the Denmark High School & Village sign which will be located across from McDonald and believes it would be better located at the High School.   The ability to use the sign will be determined by donations.  Sup Rabas also states residents should be aware the school district accounts for half our budget and the school turned down the opportunity for a large grant when it could have utilized the revenue.  Dawn Chervenka questions why lines are not painted on all the Town roads.  Chairman Krueger states very few roads have lines and it is likely due to the cost.


OLD BUSINESS:  Zoning Administrator Position still on the table and Town of Scott still conducting interviews and could discuss with the Village of Denmark.  Motion by Sup. Rabas and seconded by Sup. Goetsch to table.  MC




APPROVE INFORMATIONAL BUILDING & CULVERT PERMITS:  Information permit from Mike Goral regarding Halbrook property (ND-60) for single family home.  Parcel contains 40.26 acres and was an existing home site which still contains a shed and well.  Sup. Rabas questions if conservancy is on the property and believes a bridge may be necessary to cross the creek/conservancy area and/or meet the 80,000 pound threshold.  Driveway would have to be brought up to code regarding width requirements for emergency vehicles.  DNR would determine what permits or requirements would be required regarding creek area.  In addition, Sup. Rabas states the home site would need to be located in a spot which would comply with the setback in relation to the 12% slope from a conservancy (p. 137 of the Comprehensive Plan).  Assessor Taicher states 1 acres is currently zoned as residential.  Motion by Sup. Goetsch and seconded by Sup. Rabas to table until distance w/ slope percentage from conservancy is clarified. MC    Cory Schroeder presents Information Permit for ND-427 (5737 Cty Highway T) for single family home.   Property located south of Connor Lane and applicant has submitted ltr from Gloria Kane (former Clerk) dated June 2005 that parcel ND-427 is a grandfathered parcel.   Clerk presents Minutes from 2005 and Ron Umentum file as to history of parcel.  Question raised as to current lot lines and what approved in 2005 vs current lot lines.  Issuance of fire number in question in 2005.  Motion by Sup. Goetsch and seconded by Sup. Rabas to send to Plan Commission to clarify if parcel ND-427 is a grandfathered parcel and to ensure lot lines remain intact as they were when approved in 2005.  Seconded by Sup. Rabas. MC


CSM for M. Schlies RONK ROAD (ND-415) FOR 5.03 ACRES:  CSM for Mark Schlies submitted for approval.  Original parcel consisted of 19 plus acres and approved as grandfathered parcel.  CSM creates 5.03 acre parcel for single family home.  Sup. Rabas requests house location and driveway be included on the CSM.  Motion by Sup. Rabas to approve CSM with revision that home location and driveway be noted on CSM and that the balance of ND-415 is not buildable.  Seconded by Sup. Goetsch. MC  Clerk to sign revised CSM.


ASSESSOR’S REPORT:   Gary Taicher states he is starting his Spring field work and has installed the new Market Drive program on the Town computer.  Assessment roll from Brown County has also been downloaded.


CONDITIONAL USE PERMIT FOR N.E.W ORGANIC DIGESTER:  Sup. Goetsch questions Atty. Sickel as to status.  Atty. Sickel states he spoke with NEW Organics’ legal counsel and a Conditional Use Permit needs to be in place to bring them into compliance with our ordinance. Discussion about proposed revisions from Plan Commission regarding restriction on weekend hauling.   Minutes from June 2008 reviewed as to conditions NEW Organic was approved under.   Motion by Sup. Goetsch to approve Conditional Use Permit with 5 conditions as proposed in 2010 application which contains the original requirements as set forth in the 2008 Minutes.  Sup. Rabas does not second as he feels weekend and holiday spreading should be restricted.  Sup. Goetsch questions limitations on farmers for weekend spreading.  Seconded by Chairman Krueger as this is a 24/7 business which is unable to limit input and output due to the process.  2 ayes, 1 opposed.  MC  Atty. Sickel states Clerk shall issue a permit for 2010 and 2011 with revised dates to bring NEW Organic into compliance. 


UPDATE ON LEGAL ACTIONS:  Atty. Sickel states he has filed a Reply to Declaratory Judgment in Berger case with Judge Hammer.  Court to issue ruling on 3 issues: 1) Whether Eastwind Drive is an existing road; 2) The acreage contained in the two parcels; and 3) whether ND-309 was inappropriately denied rezoning.  In addition, the Bergers have filed a Temporary Restraining Order against the Town to prevent vacation of Eastwind Drive.  Atty. Sickel feels this is premature since the Plan Commission has not even made a preliminary recommendation on Eastwind Drive and the Town has not adopted a Resolution to vacate at this time.  Hrg on Restraining Order set for March 1, 2011 at 11:00 a.m. with Judge Marc Hammer.  Sup. Goetsch questions legal recourse for expenses incurred to defend these claims.  Atty. Sickel states very hard to recover unless the Court finds the actions are malicious.   NEW Organic appeal to Circuit Court has been scheduled for trial on August 18, 2011 with a Pretrial Conference on August 5, 2011.   Norb Buresh questions terms for issuing building permit to Mischler.  Review of prior Minutes provide he was to acquire title to Bruflat property prior to commencing any improvement to his property and Bruflat property to be razed upon transfer of title.  Atty. Sickel states the stipulation entered by the parties included those terms but acquisition of title prior to commencement of improvement was not clearly stated in the agreement.  Atty. Sickel will contact Attorney Ricker to clarify Bruflat property must be acquired by Mr. Mischler before permit will be issued.   Norb Buresh states he also will require proof contractors are certified to remove asbestos or lead paint which may be contained within in the home.  


DESIGNATE BROWN COUNTY BRIDGE FUNDS FOR 2011:   Brown County has submitted forms for 2011 Bridge Fund designation and asking the Board review potential projects for 2012 to determine whether the County will continue with fund in 2012.  For 2011, Brown County will not match funding.  Clerk states she needs to clarify what amount the County attributed to the Town in 2010 as the report shows $19,000 for 2010, but the Minutes and form submitted last year state $30,000 – which would be a significant difference in funds matched and Town balance.  Motion by Sup. Goetsch and seconded by Sup. Rabas to table.  MC 


ROAD AND BRIDGE REPORT:  Sup. Goetsch questions rates for fuel from Maribel Grain as projected rate is $3.40 a gallon. Clerk contacted them on 2/14/11 and was informed rates were up at $3.22 for a contracted price with a 10 cent per gallon pre-pay.  This amounts to $3.32 per gallon.  Off the truck the rate is $2.99.  Board opts to hold at this time to see if rates decrease next month.  Sup. Goetsch questions Town’s policy on damaged mailboxes from snow plows.  The contractor is responsible for that expense and the resident should contact Brown County or Bielinski directly if damage is sustained.  Sup. Rabas questions whether the Bd wants to proceed with replacing 911 signs.  Sup. Goetsch states it was included in the Budget for 2011, so an estimate should be obtained.  Sup. Rabas will also compile a list of what arrow and road signs need to be upgraded and they can begin upgrades over a period of a few years to ensure compliance.


UPCOMING MEETING DATES: Plan Commission Meeting scheduled for February 22 to address Schroeder parcel (ND-427).  Chairman Krueger has a conflict with March 14th meeting date.  Town Board will meet on March 7, 2011 at 7 pm and Plan Commission meeting will be moved to March 22, 2011 at 7 pm. with road vacation to be discussed and conditional use permit for existing gravel pits.  Sup. Rabas states he will be attending Working Land meeting on February 24th.


CORRESPONDENCE:  Ltr from Robertson requesting reimbursement for garbage/recycling fees for 2009 and 2010 as she no longer resides in the home.  Motion by Sup. Goetsch and seconded by Sup. Rabas to table.  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 8:41 pm  MC


Prepared by Michelle Wallerius, Clerk

Approved:  March 7, 2011



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