MINUTES OF THE REGULAR TOWN BOARD MEETING
OF JANUARY 18, 2005 (REVISED 1/21/2005)
Chairman Gene Ratzel called the meeting to order at 6:35PM.
The Pledge of Allegiance was said.
Ratzel read the Amended January Agenda as follows
Call the meeting to order
Pledge Allegiance to the Flag
Approve the January Amended Agenda
Approve the Minutes of the Last Regular Board Meeting
Treasurer's Report
Voucher's Approval
Clerk / Correspondence
License Application-2 Yr. Operator's License to Michelle Plahn -Temporary Permit Issued 2004
Public Comment Session-5 Minute limit for those not on agenda
Department Head Reports:
Cemetery Committee-Bud Pease
Ambulance Department-Del Jerome
Fire Department- Tom Renz
Constable- Mike O'Keefe
Garage-Len Schiller
Don Luebbe DNR-Fire-Community Fire Protection Grant
Jill Setzer-Town Issues
Neil Paulson- Reports and Question and Answer
Eurasian Watermilfoil Grant-Board to approve letter of support to the DNR
Road Name Changes-Ordinance to change the name of White Pine Court to Jim Miller Road and Robinson Lake Landing to Robinson Lake Road.
Zoning -1. Kevin Murphy-Boat and snowmobile storage as part of Conditional Use Permit for RV/Resort
campground and to serve non-campers.
Employee Policy Handbook
Issues Timeline-Update Dixie Chermack
Year End Report-Town of Barnes-Gene Ratzel
Comprehensive Land Use Planning Committee-Updates
Barnes Area Historical Association (BAHA)-Centennial Committee-Updates
Barnes Area Development-BADC- Updates
Board Member Reports
Motion (Webb / Scharlau) to approve the January Amended Agenda as read. Motion carried.
Motion (Meinke / Scharlau) to approve the Minutes of the Last Regular Town Board Meeting. Motion carried.
Treasurer's Report-Debbie Sesko gave the Treasurer's Report as follows:
Checking Balance on hand from last meeting $ 215,867.53
Receipts # 16264 to # 16284 $ 91,565.38
Checks # 18691 to # 18809 $ (76,903.96)
December 2004 Service Charge $ (8.04)
December 2004 Interest $ 92.80
Transfer from Calendar of Event Fund $ 1,000.00
Transfer from BES Sinking Fund $ 16,800.00
December Federal Tax Payment $ (3,763.22)
January Federal Tax Payment $ (3,503.54)
Check # 17429 from 1/2/2004 Void $ 169.79
Checking Balance $ 241,316.74
Ambulance Department Investment Fund $ 2,842.21
Highway Department Sinking Fund $ 85,925.39
BES Sinking Fund $ 1,054.40
Park Savings $ 10,472.13
Ski Trail Savings $ 304.13
Parade-Events Calendar Fund $ 1,822.07
Balance of all accounts $ 343,737.07
Motion (Scharlau / Meinke) to approve the Treasurer's Report as presented. Motion carried.
Motion (Webb / Ratzel) to approve the vouchers as presented. Motion carried.
Clerk / Correspondence-
1. Notice from the Bayfield County Zoning Board for the meeting to be held on January 20, 2005.
2. Notice from Bayfield County Board for the meeting to be held on January 18, 2005.
3. Letter from the Commissioner of Public Lands that our loan for $600,000.00 has been approved.
4. Letters from Mike O'Keefe, Ray Rantala and Steve Hunter on the Kevin Murphy Request. These will be read when the zoning issue comes before the board.
5. UPDATED INFORMATION-THERE WILL BE A PRIMARY ELECTION TO BE HELD ON FEBRUARY 15, 2005. THIS WILL ONLY BE FOR THE POSITION OF STATE SUPERINTENDANT OF PUBLIC INSTRUCTION. IF YOU NEED AN ABSENTTEE BALLOT PLEASE CONTACT THE CLERK AS SOON AS POSSIBLE. Notice from the Drummond School District that there will be no primary election ballot in February for the school district. There will be no town primary ballots. The regular election will be held on April 5, 2005.The nominees for Supervisor are Chris Webb (Incumbent), Ron Pearson, Vic Wekkin and Donna Porter. The nominees for Chairperson are Gene Ratzel (Incumbent) and Dick Collyard. The Constable Mike O'Keefe is running unopposed.
6. Letter from T.A.K. Inspections. They will be doing the inspections for the state for the town for the new UDC. This is for new dwellings only at this time. Your builder or contractor has to get a hold of T.A.K. to get the permits for inspection.
7. Email from CCS in Hayward on the Web Site. They will be giving our web site their undivided attention.
License Application-2-year Operator's License to Michelle Plahn. She has had the background check done and has been issued a Temporary Operator's License (in December 2004). The town is awaiting her completion of the Responsible Beverage Server Course for the regular license. Motion (Meinke / Scharlau) to approve the 2-year Operator's License to Michelle Plahn. Motion carried.
Public Comment Session: Paul Merz spoke on the snow plowing issues. He said that it took the town a long time to get River Road sanded during the ice storm several weeks ago. Ratzel said that the town did have problems during that storm. The major issue was that the sander broke down on that Thursday and the town did not get a backup in place until New Year's Day. All of the surrounding communities had similar problems with that storm. The town tried to get the major intersections and roads done, but some of the roads were not done well, Ratzel conceded. The town is working to correct the system, but it will take some time to get it fixed. If people have a problem or see a problem, please let the town know about it. The town will not be able to satisfy everyone. Sharon Conlon also spoke on the snow removal procedures. She said that Lake Road was bad and that this is a major town road. She said that she had a problem getting down the side roads also. Webb said that there have been problems in the past. Craig Harvey from the Robinson Lake Road area said that his road was very icy and the roads needed more sanding. Ratzel said that the town crew had been down to that area probably more that most areas in town. Mr. Harvey said that as a taxpayer he expects better service. What alternate plans does the town have for snow plowing if the equipment breaks down? Ratzel said that the town contacted outside help and also the county. The new truck still has not been delivered. Merz asked why, after the ice storm and the roads were thawing out, the crew didn't go out and scrape the roads or sand them. Ratzel said that the sander was broken and that all of the area roads were bad. The ice storm was a different situation. Webb said that after the special meeting on the 10th of January, the town now has a plan in place to sand in a broader pattern (at least 6' or wider where applicable) and to get out on the roads earlier. Sharon Conlon asked why the crew was not out tonight to plow when the Town of Gordon's plows were out. Earl Gregoire said that he felt the town was doing a good job of maintaining the roads lately. He came to the town sand shed and got sand for his driveway during the ice storm and that helped him a lot. Gregoire stated that if Duluth had to close the Miller Hill Mall during the storm, the Barnes townspeople should have respect for the good effort that the little Town of Barnes is doing and not just complain.
Department Head Reports:
Cemetery Committee-Bud Pease said that there was no activity this past month. There had been a
few inquiries into some lots.
Ambulance Department-Del Jerome said that the department had 8 runs since the last meeting.
He spoke on the request from Dr. Schultz, the Medical Director, for 24/7 signup coverage. Jerome
said that Viola Friermood has worked very hard on this and that the coverage is good. Jerome gave
a copy of the signup sheet to the board members to look at. Jerome said he would like to see a
better way of doing this, possibly some sort of signup system by way of the town's web site.
Personnel would have a password to the site and would not have to go down to the hall to sign in.
Ratzel said that he has approached CCS about this issue and that CCS is working on its
implementation. Jerome said that the department has been thinking of ways to help this procedure.
Some of the items discussed were possibly paying personnel to signup, but reduce the wages that
they get for calls, as they are already paid more that most of the other area services. Jerome said he
would be meeting with Dr. Schultz on Thursday of this week and will discuss all of this with him.
Jerome felt the Dr. would be happy with the signup as we have it now. Jerome said that the 3
people taking the EMT classes now would be allowed to sign up. Three new people were starting
the EMT classes tonight. Jerome said that they would be looking for more First Reponders.
Fire Department-Fire Chief Tom Renz was in class. The clerk reported that no report for the
month was turned in to her. Renz had given the 2004 Fire Run Report to the board members.
Constable Report-The Constable Mike O'Keefe could not attend tonight due to illness. He had
given the report to the clerk. The clerk reported that the Constable had 10 calls since the last
meeting. They included various alarm responses, assist motorists, deer hits, snowmobile
complaints and trespass complaints.
Garage Report-Len Schiller Garage Supervisor said that the sander had been repaired. The plow
mount on the loader was broken, but this was to be repaired by Wednesday of this week. The town
has used 500 ton of sand so far this season. It has gotten another 200 ton of sand, but we might
need more by the end of the season. The crew has been doing routine maintenance of the vehicles
and the roads. Scharlau asked if there was any news on the new truck. Schiller said that he
expected McKenzie to get it shortly to get it outfitted. It would be several weeks yet before it is
ready. There is no firm delivery date.
Don Luebbe DNR- Community Fire Protection Grant. Don Luebbe of the Barnes DNR, Tom Salzmann of the Brule DNR and Chris Worth of the US Forestry Service, spoke on the Community Fire Protection Plan and the grant that they are seeking to get for southwest Bayfield County and the Barnes area. There is a high risk of forest fires and wild fires in southwest Bayfield County. They discussed the issues involved. The towns and the town fire departments need to become active participants in this process. There will be a letter sent out concerning the Healthy Forest Restoration Act and a notice of the meeting to be held on February 17, 2005 at 6:30PM at the Barnes Town Hall. Webb asked what the Healthy Forest Act was. Luebbe explained that Title 1 established that local governments and fire departments have to take the lead in finding the best way to protect their towns and their citizens from fires. There are recommendations for both public and private lands. There are federal funds available for fire preparedness. This may mean having fund to improve the roads for better access. Everyone would benefit from these improvements. The other issue is water point access. There has to be better access to the area lakes for water to fight the fires. There are long reaching benefits, but there has to be representation from the local communities to find out the needs of the communities. Chermack asked who would be at the meeting. Luebbe said it was an open meeting, but would be for the fire departments and towns of Barnes and Drummond on the issues in southwest Bayfield County.
Jill Setzer-Town Issues-Ms. Setzer was not present.
Neil Paulson-Mr. Paulson, the Town of Barnes' representative on the county board, spoke on several issues that the town is dealing with. Paulson handed out several informational pages to the board.
1. Steve Hanes property-Paulson said that the copy of the court order would show what is happening on that issue. Hanes has been given until June 1, 2005 to comply with all of the orders. If not done, he faces a fine of $100.00 a day for each day thereafter and if he fails to comply by July 1, 2005 he would be confined to the Bayfield County jail for each day thereafter that the contempt remains unpurged, not to exceed 6 months, as an additional remedial sanction.
2. ATV and Snowmobile trails-Paulson discussed the railroad right -of -way issues. He said that the odd numbered issues were settled, but not the even ones. The county is trying to resolve the legal issues, but this is still in the discussion phase.
3. Tax bill problems-Paulson said that the county was aware that there were problems with the tax bill formats. There is no way to get a copy of the bills at the town level. They are using the old DOS system and they are converting to a windows type of system, but they have to work all of the bugs out first. They are running both now until the system is up and running with the new software. Paulson also acknowledged that the alphabetical system used was not very good either. Several towns had asked to have their files redone and the county did so.
4. Locks-Paulson reported that the county came out and looked at the locks last year. After the county examined the locks, they did repairs to it. This seems to have fixed the problems as least for now. If the town finds that the locks need more work on them, the county does have money for that purpose. There have been no complaints since last summer. Paulson said that he personally went down to the locks and tried the operation. They worked ok. The people and the town should let the county know if there are any further problems. Scharlau asked if the money set aside last year was still available. Paulson said there would be money to fix the locks if necessary.
5. Economic Development-Paulson suggested that if the site was to remain where it is, on County N, the town should encourage the county to make that highway into a 4-season road in the future to accommodate the large trucks that might have to get to and from the site to Highway 27. Bruce Lindgren is working on a grant to get electric to the site. There are other small grants available. Meinke said that several board members are aware of what Mr. Lindgren is doing. Paulson said that on January 20, 2005 at 5:00PM there will be a presentation by Bill Lehman at the Washburn Library on planning what programs might be needed here.
6. Kevin Murphy and the Buck N Bass Resort issues- Paulson said that there was a history of this issue since February 2002, in the papers given to the board members. Paulson said that many of the issues had been fixed, but new ones come up. The board has to note exactly what they want when addressing their concerns on Mr. Murphy's requests to the zoning board.
7. County Records-Paulson noted that county records are open for public inspection unless it is a personnel issue or if there is any ongoing litigation involved. Meinke said he had talked to Mike Furtak on what the county has for various ordinances. The town should have its own ordinances in place for driveways, even those coming onto county roads.
8. Property Marker Survey-Paulson spoke on the effort of the county to correctly map the section corners in this part of Bayfield County. He gave a map to the board on the progress. They are doing this area first because of the high value here.
Eurasian Watermilfoil Grant-The board heard from Dave Thorson on the progress of the Eurasian Watermilfoil Ad Hoc committee. Thorson said that they had a meeting and have selected members of the committee from various sections of the community including the Conservation Club, the Property Owners Association, the Potawatomi and other local individuals including those from the Town of Highland and representatives of the area lakes. The committee members met with Dave Bloomer and the grant is going forward. It has to be in by February 1, 2005. The committee has 3 goals:
1. To halt the spread of Eurasian Watermilfoil in the Barnes/ Eau Claire Lakes area
2. To develop a comprehensive public information program regarding Eurasian Watermilfoil and its potential impact on local waters.
3. To survey the 3 principle lakes in the Eau Claire Lakes chain and the feeder lakes for the existence of Eurasian Watermilfoil and to survey smaller landlocked lakes in the area.
Thorson said that this represented about 4500 acres of water and 75 miles of shore land. Eventually the plan would be to hire planners to do the aquatic plant surveys. The grant would be about$23,000.00 and would require matching funds that could be done along with in-kind work. Thorson thought that the area had a good chance at getting the grant because we already have the problem. There is a possibility that the grant to go to the Iron River area and the Pike Lake chain, since they also have the problem. He is hopeful however that we will get some funding. The clerk read the letter of support that would be sent to the DNR in Madison. Motion (Webb / Meinke) to approve the letter of support for the Eurasian Watermilfoil Grant to the DNR. Motion carried. The board members signed the letter and the clerk attested the signing. The letter was given to Dave Thorson to return to the DNR.
Road Name Changes-The ordinance to change the name of White Pine Court to Jim Miller Road and to change the name of Robinson Lake Landing to Robinson Lake Road was brought to the board. The clerk read the ordinance as follows:
Ordinance #_(TBD)
Changing White Pine Court to Jim Miller Road
Robinson Lake Landing to Robinson Lake Road
Section: (TBD) of the Town of Barnes Ordinances
(1.) The road now known as White Pine Court located in the Southwest Quarter of the Southeast Quarter (SW �, SE �), Section Eighteen (18), Township Forty-Four (44) North, Range Nine (9) West, shall be considered a continuation of Jim Miller Road and shall hereafter be known as Jim Miller Road.
(2.) The road now known as Robinson Lake Landing located in the Southeast Quarter of the Southeast Quarter (SE �. SE �) and the Southwest Quarter of the Southeast Quarter (SW �, SE �), Section Thirty-Three (33), Township Forty-Five (45) North, Range Nine (9) West, shall be considered a continuation of Robinson Lake Road and shall hereafter be known as Robinson Lake Road.
Motion (Scharlau / Chermack) to approve the ordinance to change the name of White Pine Court to Jim Miller Road and to change the name of Robinson Lake Landing to Robinson Lake Road. There was discussion on the issue. Jan Victorson, head of the 911 system, will be notified of these changes. It was noted that this was recommended by Victorson originally. All property owners abutting these roads have been sent notification of these changes. The numbering would remain the same, but the road names would be different. The Bayfield County Highway Department and The DOT will also receive notification once the ordinance is passed. It was noted by the attorney that if either road is part of a plat, this ordinance needs to be recorded with the Bayfield County Register of Deeds. The clerk will check into this procedure. Motion carried. The regular copy of the ordinance was delayed in the mail and the board members will do the physical signing when it comes in.
Zoning-1. Kevin Murphy Buck N Bass Resort-1805 Buck N Bass Road-Mr. Murphy is requesting that he be allowed to have boat and snow mobile storage as part of his conditional use permit for the resort / RV campground and to serve non-campers. Motion (Meinke / Chermack) to disapprove Mr. Murphy's request for boat and snow mobile storage as part of Conditional Use Permit for RV / Resort / Campground and to serve non-campers. The clerk read the three letters from adjacent neighbors-Mike O'Keefe, Ray Rantala and Steve Hunter. (Copies of the letters may be viewed at the clerk's office.) (Mr. Smalley, another neighbor, had called the clerk on Friday to say that he also objected and that he would be sending a letter to that effect. The letter has not yet arrived here.) Mr. Hunter said he had no problem with using the buildings for storage, but did not want to see the clutter on the outside. Mr. O'Keefe and Mr. Rantala both felt very strongly about the proposed storage business. They did not want this to be approved. They both said that Mr. Murphy has shown by past history that he has not conformed to the zoning regulations. These letters will be attached to the zoning request form. There was discussion on the motion. Chermack said that she had been to the zoning meeting when the first conditional use permit was granted. She said that "no way was there to be a storage business" there. She said that she was "dead set against it". She felt that this was just a money maker and could cause some real problems. The county does pay attention to what we say, she said. She hoped that this issue would not be approved. Scharlau asked what he had applied for. The county ordered him to put his stuff in the buildings. Neil Paulson said that the letters were good evidence for refusal to grant the request and could be used as ammunition. Meinke did want the county to know that the board would disapprove the request - that there not be commercial storage or outside storage allowed. Chris Webb abstained from voting. All other board members voted to disapprove the request for Mr. Murphy. The clerk will fax the results and the letters to the county after the meeting Tuesday night and then send the physical copies by mail on Wednesday.
Employee Policy Handbook-Ratzel said he had spoken with Sandra Martindale of CEP. The board has received a copy of the preliminary draft and was asked to make comments or corrections to it. Ratzel said that the board would have to meet in a special session to go through all of the changes. Webb said that work has to be done on the wage payment issues with the Ambulance Department and Highway Department. The meeting would be scheduled for Monday January 24, 2005 at 5:00PM at the Town Hall. The wage issues and the Employee Policy Handbook would be on the agenda.
Issues and Timeline-Dixie Chermack reported on the timeline issues and where we stood on them. Chermack said that the county does not have a driveway ordinance that would apply to the towns. Mike Furtak, when asked about this, indicated that the town should have their own ordinance, including access on county highways. There should be a permit fee. The county would like to see all of the towns have a common type of ordinance. The WTA template ordinance could be adopted and just fill in the blanks. Webb and Meinke both said that we have had requirements for snow plowing and for emergency vehicle access in the past and this could be used in our ordinance. There was discussion on how it would be enforced. This would be for new driveways or those being altered. There was discussion that the board should wait until after the January 31, 2005 Bi-County meeting and get the feed back from that meeting. Ratzel discussed the other ordinances that have been suggested for implementation by the town. Chermack suggested that we go with the Parliamentary Procedure and Alternates for Board of Review. Meinke said he had several contacts on hazardous waste. These people are Michael Michaelson, Environmental Specialist from Spooner (715-635-4069) and Jim Ross, Solid Waste, who can be reached in Spooner at 715-634-4068 or in Superior at 715-392-7831. The Hazardous Waste Ordinance was one that was decided not to be included in this group. This was also the recommendation from the attorney when Ratzel had talked to him on the ordinances. The ordinance issues would be postponed until the February 15, 2005 regular town board meeting. Chermack asked if Len Schiller had contacted the DOT on the weight limits on our bridges. Schiller said that the DOT wants to actually look at the bridges before they give they reply. Chermack said that after the meeting on the 10th of January, Ratzel was to check on the sign ordinance and seasonal weight limits. Ratzel noted that the attorney said that the town should have its own ordinance on this also. The board would look at the WTA templates to see what was available for this or check on the web.
Year End Report-Town of Barnes-Ratzel gave an overview on the year 2004. The equalized value rose from approximately $224 million to $261 million. The mill rate went from $11.60 to $12.37 per thousand. The town has secured a loan for $600,000.00 for roadwork to be done in 2005. Roads were the big issue this past year. Several roads were done, including the paving of about 1/3 of the Pease Road with cold mix and upgrading several other town roads. The town's population is up from 637 to closer to 700 (as we have 647 registered voters). The Code of Ordinances was adopted on December 16, 2004 after many long months of work on that issue. The Constable now has, for the first time, the power to enforce our ordinances. The new fire truck was delivered. The old highway truck failed and we are awaiting the new truck, hopefully to be delivered soon. The town recycling and transfer site building will be upgraded this year. It is hoped that this will include a covered area where people, as well as the attendant, can get out of the elements to unload the items. This would be looked into as soon as it starts to warm up. The board is doing the ongoing process of looking at equipment uses or alternatives. The resources are being shifted to get the main roads opened first. The Comprehensive Land Use Planning Committee has been working hard at getting the town plan completed. The town should seriously consider replacing the town office facilities as there is more and more activity going on and it is sometimes hard to get the work accomplished with all of the traffic. The Appointed Clerk / Treasurer Ordinance was passed and the new Clerk / Treasurer will take over in April.
Comprehensive Land Use Planning Committee-Updates -Dave Pease said that the committee did not meet on the 12th of January as planned due to the weather. This meeting was rescheduled to Thursday the 27th of January. The committee would be working on the Housing Element. A new notice would be sent out to the members.
Barnes Area Historical Association (BAHA)-Centennial Committee-Updates-Dave Pease gave the report for the BAHA. The group is working with the Bayfield County Historical Association. There have been 11 rural school sites identified in Barnes. The committee would post signs noting where these schools were located, unless there is no road to them at this time. Dave Thorson commented that in 1905 the budget was $2,500.00 and now it is over a million.
Barnes Area Development Corporation (BADC)-Meinke reported that Neil Paulson had spoken on some of the issues that the BADC is working on. It is looking to get some help from the county as far as funding to get the 3-Phase electric into the park and other infrastructure. Bruce Lindgren has also been working on getting a grant for us.
Board member Reports:
Jack Meinke-Jack just wanted to let everyone know that there are new doors on the town hall, at both the front entrance and the rear kitchen area. Meinke noted that is was warmer and safer in here now.
Dixie Chermack-Nothing more.
Chris Webb-Nothing more.
Dave Scharlau-Nothing more.
Gene Ratzel-Gene wanted to reassure everyone that the board is aware of the road problems and is looking at solutions to them.
Motion (Webb / Scharlau) to adjourn the meeting. Motion carried. The meeting was adjourned at 8:45PM.
UPDATE-THE NEXT REGULAR TOWN BOARD MEETING WILL BE HELD ON TUESDAY FEBRUARY 8, 2005 AT 6:30PM.
THIS IS DUE TO THE PRIMARY ELECTION ON 2/15/2005
Members of the town board in attendance: Chairman Gene Ratzel; Supervisors Dixie Chermack, Chris Webb, Jack Meinke and Dave Scharlau. Also in attendance were the Treasurer Debbie Sesko and Clerk Lu Peet.
Members of Departments and Committees present: Garage Supervisor Len Schiller; Ambulance Director Del Jerome; Cemetery Sexton Bud Pease and Comprehensive Land Use Planning Committee Chairman Dave Pease (also representing the Centennial Committee).
Members of the community present: Barnes DNR Don Luebbe, Brule DNR Tom Salzman, US Forestry Chris Worth, Leigh Jordahl, Earl Gregoire, Dick Collyard, Donna Porter, Jon Harkness, Buzzy Harkness, Gerald Gustafson, Craig Harvey, Virginia Harvey, Paul Merz, Brett Harper, Ron Pearson, Bobbi Pearson, Mitch McGee and Dave Thorson. There may have been others not noted or signed in.
Respectfully submitted,
Lucille J. Peet
Barnes Town Clerk
Dated this 21st day of January 2005