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August 7, 2017 Town Board

Town Board
Town of Janesville, Wisconsin
August 7, 2017
Posted:  Friday, August 4th, 2017 at the Town Office, Lion's Quick
Mart, Consolidated School and www.townofjanesville.org 
Members Present: Chairman Bruce Schneider, Supervisors Gary Fox, David
Rebout, Lon Coplien and Janet Kassel

Members Absent: None
Others Present:  Clerk Linda Fewell, Treasurer Peggy Augustine,
Attorney Jamie Olson, Constable Archie Henkelmann, (45) members of the

Meeting called to order, by Chairman Schneider, at 7:35 p.m., at the
Town Hall, 1628 North Little Court, Janesville, Wisconsin, followed by
the pledge of allegiance.
1.	Minutes of previous Meeting
	Moved by Fox, seconded by Kassel, that the minutes of the regular
meeting held 
July 10, 2017 be approved as presented, Motion carried on voice vote.
2. 	Financial Report
   	Moved by Rebout, seconded by Fox, that the financial report
July 31, 2017 be accepted as presented by Treasurer Augustine. Motion
carried on voice vote. 
3.	Citizen Participation
	1) Doug Rebout- just a reminder of the Nutrients & Nitrates seminar
August 18, 2017
2) Greg Neumann- would like to have pedestrian walking sign on Britt
Rd. Then every road would request the same thing. No money wear
florescent orange.
3) David Rebout- Was approached by John Traynor from the County,
wanting to know if the Town would like to have a Maintenance man to
watch out for road sings, pot holes, trash, trees that need trimming.
Things that are in need and can be taken care of quicker. This will be
on the September agenda.
4.     Committee Recommendations- 
A. Request, from Bruce and Lynn Monson 602 E Milwaukee Janesville, WI
53545. Parcel is located on Hackbarth Rd. For a rezone from SFRR to
A-3, 5.36 acres +/- section 15-3-12. On the property as Follows: Part
of the PT NE1/4 SW1/4 CERTIFIED SURVEY MAP VOL 21 PG 294 LOT 1 Section
15, T.3N, R.12E, OF THE 4th P.M.., Janesville Township, Rock County,
Wisconsin. Parcel # 6-8-135.13 Tax ID 016 01502501. Planning and
Zoning approved this rezone request to change from SFRR to A-3 by a
vote of 6-1. The request is because he wants larger out buildings that
A-3 would allow, and 1 large animal per acre. Greg Gensler, asked if
this would be additional parking for the Tree House? Not permitted per
our Town Attorney. Janet asked if the sole reason for the rezone was
to sell to Matthew Rucks, Yes, but also for the larger out buildings.

Moved by Rebout, seconded by Fox, to approve this request for rezone
from SFRR to A-3 for Bruce Monson. Motion carried on voice vote. 	
B. Request, from Matthew Rucks 2817 Spaulding Ave Janesville, WI
53546. Parcel is located on Hackbarth Rd. For a Conditional Use Permit
for a Home Occupation on this parcel, 5.36 acres +/- section 15-3-12.
Store fire wood, logs and wood chips for pickup or delivery. On the
property as follows: Same as listed above. Planning and Zoning
recommended to table this request for Matthew Rucks, for various
reasons. Person requesting this is not the owner of the property, no
house on the property, no out buildings on the property. Home
occupation may not even apply for this type of business. Table for one
year and would need to be a regular scheduled meeting. Elizabeth
Branasinki, spoke against this request as they just have moved out
there at 3377 N. Hackbarth Rd and there was no noise of big trucks
entering the property behind them, it was peaceful now it is not.
Gary Fox- with a Conditional Use Permit is storing wood chips, logs
fire wood allowed on A-3 property.
Greg Gensler-Rucks is already storing equipment, and wood chips are
being piled.
Sheila Everhart- When is the equipment going to be moved? Attorney
Olson stated that everyone must follow the Town Ordinance’s. We need
proof, also must follow burning ordinance. Nathan Stapleton- can they
bring in trees? No, per Jamie. Closed hearing
Moved by Fox, seconded by Coplien, to table this request for 1 year
and only to be held at a regular scheduled planning and zoning
meeting. Also noted that there is NO guarantee that this will pass in
the future. Motion carried on voice vote.
C. Request, from Porsche Lynn Kettelhut 2320 N. Dani Dr. Janesville,
WI 53548 for a Conditional Use Permit for an Additional 2 more horses.
Property is currently zoned A-3, has 8 horses and a total of 6.34
acres +/-, there are 2 parcels each is 3.15 +/- and 3.19 +/-  On the
properties as follows: Part of the PT NW ¼ of the NW¼ & SE
¼ NW ¼ HIGH POINT ESTATES, LOT 1 3.15 acres.  Part of the PT
LOT 2. Section 20, T.3N, R.12E, of the 4th P.M.., Janesville Township,
Rock County, Wisconsin. Parcel # 6-8-338.103A / TAX ID 016 0401031 and
Parcel # 6-8-338.103B / TAX ID 016 0401032.
Porsche 2320 Dani Dr. – wanted clarification as to why she is being
turned down. Manure, she would be willing to have it removed from
property, maybe extra cans. Run off, Mike Smith was not concerned one
way or another. There is a 6-7 foot retaining mound of dirt and had no
issues with this year rains. She is looking for solutions to remain
with the 8 horses: Janet Kassel asked her how long it would take to
get rid of the 2 extra horses, Porsche mentioned Dee Dee and Kelly,
and each case is different it’s like apples to oranges. Porsche has
10-12 people to help out with the horses and the horses are getting
unlimited hay and grain. Note also from Clerk Fewell, Porsche knew
well before she got the extra horses that 6 is what was allowed. She
questioned the clerk before getting them. She has had them for 1 year
and 7 months breaking the ordinance of 1- large animal per acre. 
Greg Newmann – 2324 N Britt Rd is against her having 8 horses, she
broke the rules and she knew she was only allowed to have 6 horses
before she got two more. The grass is all ate down. 
John Kellelhut- 2320 Dani Dr. Water has always been a concern and this
was taken into account when subdivision was built. Dirt berm is
creating a wall to retain water in corner of the lot. Chairman
Schneider read a letter from Michael Vogel against the request to have
the 2 extra horses. On file. Closed to public hearing. It was also
brought up that Porsche has two dogs that are not vaccinated or
licensed failure to abide in the Town Ordinance’s.
Moved by Coplien, seconded by Fox, to deny the request for 2
additional horses. Get down to 6 horses by November 30th, 2017 or we
will start legal action. Motion carried on voice vote.
5.	Unfinished Business    
A. Discussion and possible action regarding the Tree House Bar &
Grill, loud music, patron’s vulgar language, etc.
 Chairman Schneider- has been out to the Tree House 3 different times
with bands and music and feels it was not too loud. Normal
conversation could be carried on without shouting. Bruce read letter
that was dropped off by Sheryl Gensler, (on file). Attorney Olson
explained that license have a whole procedure to revoke and will not
happen tonight. 
Greg Gensler- 3348 N. Cty Rd E questioned the license to have another
bar in the pavilion? The license issued covers the “extensions” listed
on the application. That includes the pavilion, grass area, picnic
area, and parking lot. No one here at issue time.
Sheryl Gensler-3348 N. Cty Rd E, have the music inside the bar
Greg Gensler- 3348 N. Cty Rd E, the music gets turned down when we are
there and then when we leave it gets turned back up. The one man band
was good no drums, no bass. 
Sheryl Gensler- 3348 N. Cty Rd E, Bruce, Lon, Brian Williams and the
man from Rock County Cycle agreed music was too loud, and turned it
down several times. 
David Rebout- supervisor, went out there July 25th, 2017 stopped on
Hackbarth Rd and thought music was ok, out there on the 28th thought
that was just the same.
Robert Lipke- 3328 N. Hackbarth Rd, music was silent when it was in
the bar, now it is so loud the windows vibrate, people jumping the
fence and he leaves home because of noise.
Janet Kassel – supervisor, asked Attorney Jamie Olson how long is the
process to revoke? Over a month, bands will be done and we could
revisit the extensions next year.
Greg Newmann- 2327 N. Britt Rd, was in many bands and maybe if you
reposition the band that could help a lot. Attorney Olson explained
that even years renewal could be turned down for just cause. Maybe
they can negotiate something so we can put this to rest.
Mike Kalva-3328 N Hackbarth Rd, works 3rd shift. Karaoke too loud, can
hear conversations up and down Hackbarth Rd. Motor cycles rev up and
peel out. 
Jamie Olson- Attorney County noise Ordinance, refers to decidable
Greg Newmann- 2327 N. Britt Rd decidable levels are a gray area.
Sheila Everhart- 4618 Cty Rd A, speaking for 12 minor children in the
neighborhood. Loud music effects hearing and can cause health issues.
Sheryl Gensler 3348 N. Cty Rd E, the vibrations in her chest by the
amplified music is the problem. 1 man band is better.
Amber Mitchell- Noise, yelling over the fence.
Deputy Rabie Sheriff’s Department- in the Departments opinion the Tree
House has bent over backwards to try and appease the neighbors.
Everything they have done as far as parking, traffic, turning music
down, ending music at a reasonable hour. There have been NO citations,
No warnings. Not breaking the law.
Nate Stapelton- 3372 N. Hackbarth Rd, very loud played video of night
after meeting 7/11/17 at 7:08pm with windows closed in daughter’s
Janet Kassel- supervisor have the Tree House and Neighbors worked on a
Bruce Schneider- Town Chairman, mentioned Ray Gehrig’s shooting range
and the neighbors working out a solution. Certain days and times of
shooting. Not one complaint since they agreed. 
Attorney Warner- 101 E Milwaukee St suite 101, willing to work with
neighbors, this has not been proof for revocation. 
Attorney Olson- revocation is not on the table tonight.
Attorney Warner- Mr. Williams has reached out to the neighbors.
Attorney Olson- are you willing to keep music in the bar?
Attorney Warner- No, not willing to put up a wall.
Sheryl Gensler- anyone can come to my house. The sounds are different
from sitting in a car. And she disagrees with the Sheriff’s
Bruce Schneider- Town Chairman, could everyone try to set certain
times and number per month?
Lon Coplien- supervisor, bar needs to come up with a list of
solutions, panels, fence, position the band differently. Sound proof
the building.
Attorney Olson- tree House and Neighbors need to come together, sound
barriers, meditator, come to some common ground.
Janet Kassel- supervisor Brain storm with a meditator and everyone
walks away with something and gives something.
Lon Coplien- supervisor, commit to Megan about living next door to a
bar with a one year old, you wouldn’t want the noise either.
Gary Fox- supervisor, questioned Deputy, do they drive around the bar
for the noise before going in? He heard music but did not feel it was
excessive. Lon Coplien disagreed with the officer thought it was too
loud. Bar needs a plan before next year licensing renewal.
Gary Fox- supervisor, asked if volume is louder at different spots.
Lon Coplien- supervisor, asked deputy id there was a car in a parking
lot by Milton Ave. and a complaint got called in that music was too
loud, what would he do? Address the complaint.
Greg & Sheryl 3348 N Hackbarth Rd, have not called one time since the
July meeting to give the board members a chance to listen to the
Amber Mitchell- noise is being manipulated by knowing a Deputy is
Lon Coplien- supervisor, still looking for a solution to get noise
under control.
Attorney Olson- states that chapter 125 is the statues to proceed to
revoke license. That would need to be followed   
6.    	New Business
	A. Building Inspector Report – All good, no questions.
B. Tim Fisher, 3761 N. Harvest View Dr. still has the 3 dogs, the 4th
dog is a visiting dog from a friend in Evansville. Is there a rule
against babysitting a dog? Complaint from Gary Fox, dogs are not
leashed, dogs are running out at residents. Tim said he does not take
the dogs out front. Statues apply to Town residents must have dogs
under control.
Dale Prebe- states that Tim has much better control of the dogs this
year. Dale asked if there is a leash law. Keep dogs on your property.
Case closed- no action required.
Moved by Fox, seconded by Coplien, to approve the Operator License
application for Angelea Arthur to expire June 30, 2018.
C. Discussion on the 2017 Town Budget- tabled for now. Going to hold
off on the culvert on Phal Rd.
D. Clerk will be out of the office on August 31, 2017 
7.	Reports by Town Attorney - Nothing
	A. Sheriff report-- on file with clerk	
8.	Moved by Fox, seconded by Coplien, to approve vouchers # 237
through # 258 for payment. Motion carried on voice vote.
9.	Adjournment
     	Moved by Fox, seconded by Kassel, to adjourn. Motion carried on
voice vote.   
      Meeting adjourned at 9:54 p.m.

      Minutes approved ( ) with ( ) without corrections,

      Linda Fewell, Town Clerk                    Bruce Schneider,
Town Chairman


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