MINUTES OF THE

PUBLIC HEARING

OF NOVEMBER 18, 2008

 

Chairman Collyard called the Public Hearing to order at 6:00PM.  The Pledge of Allegiance to the said was recited.  He explained the budget for 2009, which was reduced due to the Highway loan payment not being added on to the levy for the upcoming year.  last year the levy was set at 2% increase plus the loan payment amount of $$164,144.00.  The total Revenues and Expenses were reduced by $307,130.00, making a minus 20.38% change from 2008 to 2009.  Brustad said she didn’t have all the figures yet to complete the town levy, which includes those of the state, county, Drummond school and WITC along with the town’s, but anticipated the levy would be lower than last year’s. 

Motion( D Peet/G Martin) to close the Public Hearing.  Motion carried.

 

MINUTES OF THE SPECIAL TOWN MEETING

OF NOVEMBER 18, 2008

 

Collyard called the Special Town Meeting to order at 6:08PM, to adopt the Town levy.  He asked for any additional questions from the townspeople.  There being none he asked for nominations for two tellers and two counters to tally the votes on the resolutions to be presented to adopt the levy.  Lu Peet and Janine Watts were nominated tellers, Dean Peet and Dave Pease were nominated counters.

Brustad then read the first Resolution to be presented. Webb explained these next two resolutions were already in the budget that was presented. 

 

RESOLUTION #R08-05

                      

BE IT HEREBY RESOLVED by the qualified electors of the Town of Barnes here assembled in Special Town Meeting this 18th day of November 2008 that the sum of $15,000.00 be continued to be levied to the Highway Sinking Fund for the year 2009.

 

Signed: Elaine Brustad

 

Motion by: Elaine Brustad

Seconded by: Lu Peet

After a secret ballot was conducted, Resolution R08-05 passed with the following votes:

Yes:  12             No: 1

 

The next resolution was read:

 

RESOLUTION #R08-06

                      

BE IT HEREBY RESOLVED by the qualified electors of the Town of Barnes here assembled in Special Town Meeting this 18th day of November 2008 that the sum of $20,000.00 be continued to be levied to the BES Sinking Fund for the year 2009.

 

Signed: Elaine Brustad

 

Motion by: Elaine Brustad

Seconded by: Donna Porter

This resolution passed with the following votes counted:

Yes:  13            No: 0

 

RESOLUTION #R08-07

 

BE IT HEREBY RESOLVED by the qualified electors of the Town of Barnes here assembled in Special Town Meeting this 18th day of November 2008 that the sum of $360,320.00 be levied to the Highway Fund for Operating Expenses for the year 2009.

Signed: Elaine Brustad

 

Motion by: Jack Meinke

Seconded by: Dick Collyard

Brustad explained this amount is the part of the levy going to the Highway Department after applying all revenues and expenses pertaining to the Highway department.  The resolution passed with the following count: (note one other person arrived after the vote from the last resolution)

Yes:  14              No:     0   

 

 

 

 

RESOLUTION #R08-08

 

BE IT HEREBY RESOLVED by the qualified electors of the Town of Barnes here assembled in Special Town Meeting this 18th day of November 2008 that the sum of $137,573.00 be levied to the General Fund for Operating Expenses for the year 2009.

Brustad said this was the portion needed for the rest of the budget.

Signed: Elaine Brustad

 

Motion by: Carol Pease

Seconded by: Marcia Wellnitz

Two other people arrived and voted on this Resolution.  The Resolution passed by the following vote:

Yes:  16              No:    0

 

Collyard asked for any other Resolutions from the floor. There being none,  Collyard asked for a motion to adjourn the Special Town Meeting.  Motion (Dean Peet/Marcia Wellnitz) to adjourn the Special Town meeting of November 18, 2008.  Motion carried.   The meeting adjourned at 6:35PM.           

 

   

MINUTES OF THE REGULAR TOWN BOARD MEETING

OF NOVEMBER 18, 2008

 

Chairman Collyard called the Regular Town Board Meeting to order at 6:35PM.  Collyard asked for a

roll call to establish a quorum.  All board members were present.  Clerk verified the agenda was posted as per statutes.  Collyard then asked for a motion to approve the agenda.

Motion (Porter/Meinke) to approve the November agenda.  Motion carried.  The agenda is as follows:

 

NOTICE

TOWN OF BARNES

REGULAR BOARD MEETING

NOVEMBER 18, 2008 AT 6:30PM

AGENDA

Call the Regular Board Meeting to order at 6:30PM

Pledge Allegiance to the Flag

Roll Call to establish a quorum/Verification of Public Notice/Motion to approve the November Agenda

Approve minutes of the Last Regular Board Meeting and Motion to dispense with reading of the minutes.

Approval of the 2009 Budget

Treasurer’s Report

                Adoption of Resolution # 08-04 for town’s obligation over the Treasurer’s Bond amount.

Voucher’s Approval

Clerk Correspondence

Citizen’s Request for Action:

                Petition to pay health and life insurance for Mike Collins while out on medical leave

Town Hall Maintenance Updates

Presentation by the Mason’s of a donation to the Barnes Ambulance Department

Department Head Reports:

                Highway

Meeting with Waste Management regarding the Transfer Site                                                                            

                Cemetery             

                Fire and Ambulance Department                                  

                Constable

Committee and Commission Reports:         

                Recreation Committee     

                EWM Committee

Land Use Planning Commission

Zoning:

1)        Class A Special Use Permit Request by Sharon Hough to place a residence in a F-1 Forestry Zoning District on County Highway N (address to be determined)

2)        Class A Special Use Permit request by Rick and Sarah Markham at 50825 Birch Lake Road to extend the RV permit for another 3 years.

3)        Discussion and possible action on the Property Owners Request for a zoning overlay

Operator Licenses:  1 Year License for Patrice Cheselski

                                         2 Year License for Greg Roman

Discussion of Records Retention Ordinance and Schedule

Approval of amendment to Liquor License Ordinance to allow off-sale liquor with a “Class B” License.

Public Comment Session – 5 minute limit for those not on the Agenda

Issues Timeline Update

All Department Heads are encouraged to be at the Regular Board Meetings

All Department Heads and Committee Heads are to submit a written report to the clerk

by Friday evening prior to the Board Meeting.

 

The Town Board reserves the right to solicit information from

Department heads and Committee heads only, without opening the floor to discussion.

Any persons requiring special needs for handicap services please contact the Clerk-Treasurer

Elaine J. Brustad Barnes Town Clerk-Treasurer

Dated this 14th Day of November, 2008

 

Collyard then asked for a motion to approve the minutes of the Last Regular Board Meeting and Motion to dispense with reading of the minutes.

Motion (Porter/Meinke) to approve the minutes of the last regular town board meeting and motion to dispense with the reading of the agenda. Motion carried.

 

Approval of the 2009 Budget

Motion (Webb/Meinke) to approve the 2009 budget as presented.  Roll call vote taken, all voted yes. Motion carried.

 

Treasurer’s Report

 

Checking Balance from last meeting

 

$72,395.10

Receipts

 

 

 

 

$80,036.38

Check #'s 23154-23241

 

 

($57,059.98)

October Direct tax payment ck # 313

 

($3,864.06)

Service Charge October

 

 

($17.19)

Interest Earned October

 

 

$50.12

 

CHECKING BALANCE

 

 

$91,540.37

 

 

 

 

 

 

 

 

 

 

 

 

Money Market Gen'l Fund Balance from Last Meeting

$484,503.57

Interest earned October

YTD Interest $21668.39

$1,078.40

Transfer from Sinking Funds

 

 

$24,000.00

 

Sub-Total Money Market Gen'l Funds

$509,581.97

Highway Dept. Sinking Fund

 

 

$1,072.92

BES Sinking Fund

Transfer to MM Genl $24,000.00

$28,677.05

Park Savings

 

 

 

$14,261.21

Ski Trail Savings

 

 

 

$1,119.61

Parade-Event-Calendar Fund

 

 

$1,842.60

Town Hall Maint & Repair  Fund

 

 

$19,298.20

ACT 102 Fund

 

 

 

$3,957.39

 

Sub-Total Money Market sub accounts

$70,228.98

Total all Money Market Funds

 

 

$579,810.95

 

 

 

 

 

 

 

TOTAL ALL ACCOUNTS

 

$671,351.32

 

 

 

 

 

 

 

 

 

 

Motion (Meinke/Porter) to approve the Treasurer’s report as read.   Meinke wanted to point out the year to date interest earned, which has been substantial.  It is $21,668.39.  Motion carried.

 

                Adoption of Resolution # 08-04 for town’s obligation over the Treasurer’s Bond amount.

Brustad read the resolution which the County Treasurer requires approved each year.

 

RESOLUTION R-08-04

 

WHEREAS, the Town of Barnes Treasurer is required by statute to furnish a bond to the County Treasurer in a sum of double the amount of state and county taxes apportioned to her town, conditioned for the faithful performance of the duties of her office and that she will account for and pay over according to law all state and county taxes which shall come into her hands, and

WHEREAS, the Town of Barnes is given the power under Section 70.67(2) of the Wisconsin Statutes, to obligate the town in case the Town Treasurer shall fail to pay all state and county taxes required by law to be paid by the Town Treasurer to the County Treasurer,

NOW, THEREFORE BE IT RESOLVED by the Board of the Town of Barnes, at its regular meeting held this 18th day of November, 2008, that the Town of Barnes does hereby obligate itself to pay in case the Town Treasurer shall fail to do so, all state and county taxes required by law to be paid by such Treasurer to the County Treasurer.

__________________________                  _________________________

Dick Collyard, Chairman                                                    Jack Meinke, Supervisor

__________________________                                   _________________________

Christine Webb, Supervisor                                              Donna Porter, Supervisor

__________________________

Mitch McGee, Supervisor

CERTIFICATE

 

THIS IS TO CERTIFY THAT the foregoing is a true and correct copy of a resolution duly and legally adopted by the Town Board at its Regular Town Board Meeting held on November 18, 2008.

_________________________________

Elaine J. Brustad, Clerk-Treasurer

 

 

 

Motion (Webb/McGee) to approve the Resolution #08-04 for the Town’s obligation over the Treasurer’s bond amount.  Roll call vote: All voted yes.  Motion carried.

 

Voucher’s Approval

Motion (Porter/McGee) to approve the vouchers.  Motion carried.

 

Clerk Correspondence

Brustad thanked all who helped out at the Election, with a special thanks to Dick Collier, who volunteered as a Special Registration Deputy.  She wanted to also thank those who helped out when the power went out, there were many who came and offered their flashlights and candles and because of them the election continued uninterrupted. There were 589 who voted at the election, we had 51 new registrations, giving us currently 723 registered voters.  This is about 20 more than the current census amount! 

She received 1 Notice to Cut on property owned by Richard and Ruth Thorson, the NW1/4, NW1/4 of Section 31, T44N, R9W.

The town received a check from the Property Owners Association in the amount of $610.00 for donations to the Eurasian Water Milfoil Project.

She received a letter from Joel Hayward giving his notice of resignation as the Janitor effective December 31, 2008.  She would put a notice in the papers as soon as possible in order to get someone to replace him.  She said they had been doing such a good job; it was a shame they weren’t going to continue.

Brustad read a letter from Waste Management about a new program they have for recycling of the fluorescent bulbs.  You can order vapor-lok containers online at  WMLampTracker.com or call 1-800-664-1434.  Pack the bulbs in the container, then mail the postage paid shipping box to Waste Management. 

McGee asked if we could order containers and have a supply at the Transfer Site.  Brustad said she would call to find out. 

We received a Certificate of Airport Site Approval from the DOT for the Barnes Emergency Heliport. 

She also asked the Board if they had anything for her to include on the newsletter that will go out with the taxes.  She was going to add something about the fluorescent bulb recycling program.

 

 

 

Citizen’s Request for Action:

                Petition to pay health and life insurance for Mike Collins while out on medical leave

Collyard said they had prepared a statement regarding this: “It would not be prudent to talk about a particular Town employee so will explain the Town of Barnes Employee Benefit package for all full time employees.

The Town of  Barnes instituted an “Employee Policy Handbook” in 2005.  Section 301 of the handbook spells out the benefit programs that are eligible for full time town employees.  They include but are not limited to Vacation benefits (section 302), Holidays (section 303), Workers Compensation (section 304) Sick leave benefits (section 305), Bereavement Leave (section 306) Jury Duty (section 307), Witness Duty (section 308), Educational Assistance (section 309), Health Insurance (section 310), Medical Leave (section 601), Family Leave (section 602),  and Military leave (section 603).

If an employee gets injured on the job the Town covers it under a workers compensation insurance plan.  If an employee has a personal injury or illness not related to a job injury the Town provides a Medical Leave plan in which the employee pays his or her own health insurance premiums and the Town keeps the job open for the individual to return when the problem is corrected or until the person goes on some sort of disability.  The Town provides a Health Savings Plan to all full time employees in which the Town pays directly to an insurance savings plan for each employee.  The direct payment made for a person with a family insurance plan is $2,500.00 per year and for a person with single insurance plan is $1,250.00 per year.  Under this Health Savings Plan the employer contributes the amount of money at the beginning of each year and this money can be used by the employee for health related issues.  This money may be carried over from year to year and when the employee leaves the money goes with them.  This policy has been in effect since 2005. This Employee Handbook was adopted so that all of the Town employees would be treated equally without prejudice.  Collyard asked for a motion to open the floor in case anyone wanted to discuss this further.  Motion (Meinke/Webb) to open the floor for discussion.  Motion carried.

There was no discussion from the audience.  Motion (Webb/Porter) to close the floor discussion.  Motion carried.

 

Town Hall Maintenance Updates Collyard said this past week they called out Arch Heating to check the water heater.  They found the vent was broken in the ceiling and could have been very dangerous if left that way.  Arch replaced the water heater and vented the new one properly.  Colllyard said they thought it might be wise to get a building inspector to check the town hall and offices out to make sure there was nothing else that might be unsafe.  He said Elaine had the name of a building inspector she could call to get estimates on the cost of the inspection.  She will do that and present that to the Board at the next meeting.

 

Presentation by the Mason’s of a donation to the Barnes Ambulance Department

Jack Meinke said Harold Swanson of Brule and King Loomis of the local Mason’s Lodge were here along with himself o present the Ambulance Department with a donation of $500.00 towards a duel-head radio.  Pictures were taken of the presentation which will be forwarded on to the County Journal.  Collyard thanked the gentlemen on behalf of the Board and the Ambulance Department.                

 

Department Head Reports:

                Highway

 

The right of way clearing on Martin Rd. has been completed, with reconstruction scheduled to begin as soon as possible in the spring.

The winter snowplowing equipment has been installed and prepped for the upcoming season.

Last week the Town docks were removed from the lakes and also the stay poles were installed on the Middle and Upper channels.

The northern quarter mile of the George Lake Road right of way was brushed last week.

8 Seasons Greetings flags were hung on the utility poles in the Town Hall area.

 

Meeting with Waste Management regarding the Transfer Site

Collyard said he and Mitch McGee had met up in Ashland with the Waste Management people regarding our Transfer Site.  They were concerned that the compactor wasn’t compacting as it should.  We are shipping compacted garbage at too low a weight, so we should be compacting the garbage more and adding more to the bin before it is hauled off.  Part of the problem is the compactor, so we may need a new one in the near future.                               

 

                                               

                Cemetery

Brustad read the Cemetery report sent by the Cemetery Sexton, Bud Pease:  We had a committee meeting on October 30th.  They discussed old grave sites, a new committee member was introduced, Linda Clark.  They also discussed getting shrubs for the planters in the spring and are looking into putting up a new fence like the one that used be to be there, only will be the plastic type.

 

               

                Fire and Ambulance Department  

Since the last Town board meeting the ambulance has had three calls

 

2  - Gold cross intercept one was from ATV accident and Helicopter could not fly

1 – Transport to Hayward

The Fire Department had two runs

1 – ATV accident and 1 assist the ambulance with lifting help

Not much going on this time of the year.  Fire Department is planning an LP training for the spring put on by the WI Propane Education and Research Council this will be a two night training and with a propane tank moving into Town and another on the outskirts it would be very helpful training. 

                                 

                Constable

2 ) Alarms from sheriff..(.indoor motion sensors.), ( 1 ) deer hit on hwy 27,( 4 ) trespass complaints. ( hunters crossing or parking on private land off lower lake road.),( 2 ) Check's on local business ( with liquor license ) to verify employee has proper permit to operate. owner was on property,( 1 ) assist motorist hwy 27 with flat tire,( 0 ) ATV complaints,( 3 ) Firearm complaints: ( property owners target shooting on private property,  ( 1 ) Checked  welfare of overdue hunter.( found healthy and hung-over.) his wife didn’t find it very funny either.), 1 ) Suspicious person: acting strange,( but not unruly ) at local business,  employee's asked that he be escorted out. and he was.)

 

Committee and Commission Reports:         

 

                Recreation Committee

Donna reported the flags were received and Jerry put them up this week              , they will call Ken Wilk to see if he’d like to do the skating rink this year.  Trees for the park will be put in this spring.

 

                EWM Committee

Ingemar Ekstrom reported the totals have been sent in to the DNR for reimbursement.  The total expense was $20,100, with a little over $3,000.00 being donated from the Property Owners Association.  The Tomahawk Sandbar lakes portion is ready but we are awaiting totals to be submitted by the Army Corps for their portion of the expense.  It will be a surprise to him if they do any treatment this coming year as the treatment worked so well this year.  Tomahawk Lake Park beach looks very good, people swam at the beach in August.  Testing of about 7 or 8 wells all came back negative. 

 

                BADC  Collyard asked for any updates on the Industrial Park. Both clients are in, the large tank will be coming shortly on the Superior Fuel lot.

 

Land Use Planning Commission

Dave Pease reported the Commission met the previous Thursday.  Regarding the Special Use permit request from Sharon Hough the Plan Commission recommended approval of the request.

Regarding the Special Use permit from Markham for a RV extension they recommended going for a 2 year extension as that time frame is normally what the Board has been granting extensions for.  They should plan on building some type of building before the 2 year period Is up. 

On the Property Owners request for a zoning overlay the Plan Commission recommended passing the request on to the Zoning Department of the County.  They felt the request had merit, but could possibly have some legal problems and felt the County should have their legal department review the request.

 

Zoning:

4)        Class A Special Use Permit Request by Sharon Hough to place a residence in a F-1 Forestry Zoning District on County Highway N (address to be determined)

 

Motion(Porter/Meinke) to approve the Special Use request to place a residence in an F-1 Forestry district as it meets county zoning and land use plan recommendations.  Motion carried.

 

5)        Class A Special Use Permit request by Rick and Sarah Markham at 50825 Birch Lake Road to extend the RV permit for another 3 years.

 

Motion(McGee/Meinke) to approve the Special Use Permit request for a two year period only to be consistent with what they have approved in the past.  Motion carried.

 

 

6)        Discussion and possible action on the Property Owners Request for a zoning overlay

 

Motion(Porter/McGee) to pass the Property Owners request on to Zoning without a recommendation because of legal issues we are not familiar with. Zoning to address the request with their legal department.  Motion carried.

 

 

Operator Licenses:  1 Year License for Patrice Cheselski

Brustad said the applicant had paid the required fee.  She indicated she had a current license with the Town of Parkland with a current beverage server certificate on file there.  Brustad called the Parkland clerk and she didn’t have anything on file with her and she didn’t have a current license through the town of Parkland.  A criminal background check revealed three arrests within the last 4 years, 2 were alcohol related.  She read an email from the Town’s attorney defining what was considered a habitual offender.  It is a “person who commits a felony and another crime within five years or 3 misdemeanors within that 5 years and is being sentenced for another crime.  This would mean the three crimes do not amount to a habitual offender, but if she is convicted of another crime within 4 years from the 2004 offense then she would be a habitual offender.”   Brustad did tell the applicant she needed to take the beverage server course again in order to receive her license. 

Motion(McGee/Webb) to approve the request for a 1 year license but not to release the license to her until a Beverage Server Certificate is received and on file.  Motion carried.

 

                                         2 Year License for Greg Roman

Brustad said the required fee has been paid, a background check revealed no criminal history and a Beverage Server certificate was received at time of application. 

Motion(Webb/Porter) to approve the request for  two year Operator’s license for Greg Roman.  Motion carried.

 

Discussion of Records Retention Ordinance and Schedule

Brustad had copied the Ordinance and Schedule for the Board to review and give her input.  The adoption of the Ordinance will be put on the next agenda.

 

Approval of amendment to Liquor License Ordinance to allow off-sale liquor with a “Class B” License.

This amendment was approved by the Town’s attorney, John Carlson, along with the Records Retention Ordinance and Schedule. This was discussed at the last meeting with a direction by the Board to put on tonight’s agenda for approval.

 

Motion( Webb/Meinke)) to approve the amendment for Chapter 20-4(f).  Motion carried.  The amendment is as follows:

TOWN OF BARNES

ORDINANCE NUMBER: CHAPTER 20, Sec 20-4 (f)

The town board of the Town of Barnes, Bayfield County, Wisconsin, by this resolution, adopted on proper notice with a quorum and by a roll call vote of a majority of the town board present and voting resolves and orders as follows: Chapter Twenty, Section 4 of the Town of Barnes ordinances shall be amended to read: (f) Off-premises sales of liquor allowed with a “Class B” Liquor License.   A “Class B” Liquor license authorizes the retail sale of liquor by the drink for consumption on the licensed premises and in the original sealed container for off-premises consumption, limited to 4 liters or less.  The town clerk shall properly post or publish this resolution as required under s. 60.80, Wis. stats.   Town of Barnes

 

_________________________________                   ________________________________

Richard Collyard -Town Chairman                                  Christine M. Webb-Town Supervisor

 

_________________________________                   _________________________________

Mitch McGee -Town Supervisor                                        Jack Meinke-Town Supervisor

 

_________________________________

Donna Porter -Town Supervisor

 

Adopted:  November 18, 2008

Published: __________________                                 Posted:

 

Attest:________________________________________        Dated:

                Elaine J. Brustad-Town Clerk-Treasurer

 

 

 

Public Comment Session – 5 minute limit for those not on the Agenda

Dave Pease wanted to make sure the Cemetery fence would be treated wood.  It wasn’t before.

Marcia Wellnitz asked about the signs saying “Welcome to Barnes” and with the dates of 1905-2005.  Could we remove the date of 2005, it sounds as if the Town wasn’t around as of 2005.  Collyard asked BAHA to take a look at it and see if we could remove the dates or put something like “established 1905”

Janine Watts said to remove both dates and leave the “Welcome to Barnes” part only.  She also wanted to thank the Board and also the Town employees for their service.

 

Issues Timeline Update

Town Owned Land:  Meinke talked about the 81 acres at Tomahawk Lake park /Worthington area.  It was

in the Town’s plan to select cut that area next and he had been talking with Dan Cobb about this.

Motion (Meinke/Webb) to select cut the 81 acres at Tomahawk Lake, Worthington addition area per

the Town’s Plan. Motion carried.   He will have the work done in the winter while the ground is frozen. 

Motion( McGee/Webb) to open the floor for discussion.  Motion carried.  Ingemar Ekstrom wanted to

make  sure this wasn’t the area where the ski trail is.  The ski trail is a big asset for the Town and he would

hate to see that ruined if it was cut.  He wanted to see the map where the cutting will be done.  Meinke

showed him the area on his map.  Motion(Porter/Webb) to close the floor to discussion.  Motion

carried.

Records Storage:  Brustad said that will be done at the next meeting

Roads:  Collyard explained the Smart Road Litigation going on and how the Town’s attorney was filing a

frivolous lawsuit  counterclaim against the plaintiff. 

 

Motion (Webb/Porter) to adjourn the Regular Town Board Meeting of November 18, 2008.  Motion

carried.  The meeting was adjourned at 8:08PM.

 

 

Respectfully Submitted,

 

 

 

Elaine J. Brustad,

Clerk-Treasurer

dated this 26th day of November, 2008