June 9, 2009, Monthly Board Meeting
June 9, 2009
The monthly Town Board meeting was called to order on Tuesday, June 9, 2009, at 7 p.m. by Chairman Tim Fletcher.
Present were Tim Fletcher, Bob Young, Dale Braunschweig, Town Attorney, Doug Plier, Philip Waldvogel, David Otto, Vicki Baum, Karen Tomko, Ray Butterbrodt, Mark Hazelbaker, Dennis Giese, Violet Hanefeld, Pam Pitzlin, Rick Hanefeld, Ron Woock, Ken Woock, Darrell Pollesch, James Richardson, Ruth Pieper, Mike Matoushek, Cheryl Voss, Tim Voss, Sally Young, Brian Korth, Gary Backhaus, Harold Nitschke, Kenneth Nitschke, Randall Woock, Don Peachey, Bob Peterson, Merlin Pieper, James Pitzlin, Ryan Kittell, Ross Kittell, Randy Schwark, Jim Zahn, Gerda Braunschweig, and Debra Waldvogel.
The minutes of the May meeting were read by the Clerk. A motion was made by Braunschweig and seconded by Young to accept the minutes as read. Motion carried.
Chairman Fletcher read the meeting notice.
First on the agenda was to discuss and act on the water issues. Supervisor Young said that the Berm on Parcel 006-1215-2042-001 was not lowered to its earth base as was ordered by the Town Board on May 21, 2009. It needs to be lowered another seven inches.
Attorney Plier said that the Town has jurisdiction over watercourse obstructions. He said these water problems could be handled by the following:
1. Town has authority to order obstruction removed
2. A Drainage District could be formed
3. Neighbors could work together.
The Town’s responsibility is only item #1.
Supervisor Braunschweig obtained the drainage investigation maps dated March 14, 2003, that had preliminary approval for a Drainage District. He said that Dan Prunuske whom had worked on this project has ideas about what could be done.
Chairman Fletcher said that the Town’s involvement ends with the removal of the obstruction. Several landowners are interested in a Drainage District. He then left the front table to sit in the audience since he is a member of the Dodge County Antique Power Club.
Dennis Giese said he had the same digger that put the berm in remove it. He said it is two inches lower than the original height and the removal area is six to six and one-half feet wide.
Supervisor Young said that the berm still needs to be dug down seven more inches which is where the earth base is.
Attorney Mark Hazelbaker, representing Dennis Giese, presented the Town Board with a complaint to be filed with the Dodge County Circuit Court, and he and Dennis Giese and Karen Tomko left the meeting.
Town Attorney, Doug Plier, will read the papers and the Town will pick up on this issue later in the meeting.
Chairman Fletcher came back up to the front table and conducted the next item on the agenda.
The Town then went on to the adoption of the small wind energy system ordinance. This ordinance was sent to all Plan Commission, Board of Appeals, and Town Board members for their review as requested at the May monthly meeting. A motion was made by Young and seconded by Braunschweig to adopt this ordinance. Motion carried unanimously.
Ray Butterbrodt, Co-Land Use Administrator requested that the following statements concerning this ordinance appear in the minutes. A motion was made by
Braunschweig and seconded by Young to include the following statements. Motion carried. The Town Board has established that Small Wind Energy Systems are a permitted land use in all districts of its zoning ordinance and are subject to the Town of Burnett Small Wind Energy System Ordinance. The height, setback, side yard, yard, building area, access, signage, and other general locational regulations of the zoning ordinance shall not apply to small wind energy systems; rather the Town Board may implement more restrictive site criteria as set forth in the Small Wind Energy Systems Ordinance so as to ensure the preservation and protection of the public health and safety.
Attorney Plier was now ready to go back to the watercourse obstruction issue. He said that the papers he was given are a circuit court complaint. The complaint is from Dennis Giese vs. Town of Burnett vs. Dodge County Antique Power Club, vs. John Doe landowners (people who dug out their ditches since May 28, 2009).
Attorney Plier read the original Town order from May 21, 2009. He also re-read the meeting notice and was satisfied that the open meeting requirements were met and that all parties were present at the meeting. Chairman Fletcher again left the front table.
A motion was made by Braunschweig and seconded by Young to order Dennis Giese to remove down to earth base the five foot wide portion of berm with this removal monitored by an engineer of the Town’s choice. Motion carried.
Next on the agenda was the approval of the liquor and bartender license renewal applications. All applications were available for review. Chairman Fletcher came back to the front table to run the remainder of the meeting.
A motion was made by Young and seconded by Braunschweig to issue Class B Combination Liquor Licenses to Winker’s Tavern, Chances Bar & Grill, LLC, The Palace, and The Horicon Rod & Gun Club. Motion carried.
A motion was made by Braunschweig and seconded by Young to issue a Class B Beer & Wine License to Spring Brook Farm. Motion carried.
A motion was made by Young and seconded by Braunschweig to issue bartender licenses to the following: Chris Merkes, Leo Merkes, Brian Heintz, Gerald Hartwig, Emily Wille, Karen Schroeder, Bob Young, Anthony Soblewski, Dennis Giese, Karen Tomko, Karen Reiners, Mary Clark, Dave Vinz, Andrew Bauer, Gregg Buhalog, Darrell Butterbrodt, Heather Buhalog, and Renee Peterson. Motion carried.
A motion was made by Braunschweig and seconded by Young to accept the Treasurer’s report. Motion carried.
A motion was made by Young and seconded by Braunschweig to pay all bills as presented Ck # 22945 through Ck # 22974 for a total of $15,542.04. Motion carried.
Supervisors Young and Braunschweig examined the cancelled checks and compared them to the May bank statement.
A motion was made by Young and seconded by Braunschweig to adjourn at 9:12 p.m.
Debra Waldvogel, Clerk/Treasurer
(these minutes are subject to Town Board approval)
