MINUTES OF THE

TOWN OF BARNES

REGULAR BOARD MEETING

OCTOBER 21, 2008 AT 6:30PM

 

Chairman Collyard called the Regular Board Meeting to order at 6:30PM.  The Pledge of Allegiance to the Flag was recited.  Collyard asked for a roll call to establish a quorum.  All Board members were present. The Clerk-Treasurer gave verification of public notice.  Collyard asked for a motion to approve the October Agenda.

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

 

NOTICE

TOWN OF BARNES

REGULAR BOARD MEETING

OCTOBER 21, 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 October Agenda

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

Treasurer’s Report

Voucher’s Approval

Clerk Correspondence

Approval for RAV’N to set up a display case in the Town Hall to showcase local artists.

Approval of the Town of Barnes Election Contingency Plan

Approval to diversify funds to Local Govt Investment Pool and other local banks

Citizen’s Request for Action:

1)       Request by Mike Brustad and Jeff Weimert to extend the ATV trail from Connors Road west on Pickerel Lake Road to the Pickerel Lake Boat Landing.

ATV Club also wants the ATV Ordinance amended to include Connors Road from County highway N to Pickerel Lake Road and Pickerel Lake Road from Connors Road East to Birch Lake Road.  This route is currently signed and being used as a route but not listed in the Ordinance.

2)   Request by Harold Oberholtzer for an appeal of decision by the Board to deny                  his application for an Operator’s license.

Department Head Reports:

                Highway                                                                               

                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 Dean and Tamara Renneke to continue to use their property as a short-term vacation rental at 5440 Lyndale Bay Road

2)        Class A Special Use Permit request by Profit Sharing Plan-Quality Tape to use their property as a short term rental unit at 50795 Peninsula Rd.           

Operator Licenses:  2 Year License for Marjorie Lemke

Discussion 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 16th Day of October, 2008

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

 

Treasurer’s Report

Checking Balance from last meeting

 

$39,189.12

Receipts

 

 

 

 

$9,135.22

Transfer from Money Market Account

 

$150,000.00

Check #'s 23065-23153

 

 

($121,467.81)

September Direct tax payment ck # 310

 

($4,465.06)

Service Charge September

 

 

($18.29)

Interest Earned September

 

 

$21.92

 

CHECKING BALANCE

 

 

$72,395.10

 

 

 

 

 

 

 

 

 

 

 

 

Money Market Gen'l Fund Balance from Last Meeting

$603,286.42

Interest earned September

YTD Interest $20,589.99

$1,217.15

Transfer from Sinking Funds

 

 

$30,000.00

Transfer to General Fund

 

 

($150,000.00)

 

Sub-Total Money Market Gen'l Funds

$484,503.57

Highway Dept. Sinking Fund

Trans to MM Gen'l $30,000.00

$1,072.92

BES Sinking Fund

 

 

 

$52,677.05

Park Savings

deposit $588.03

 

$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

Deposit $3,861.91

 

$3,957.39

 

Sub-Total Money Market sub accounts

$94,228.98

Total all Money Market Funds

 

 

$578,732.55

 

 

 

 

 

 

 

TOTAL ALL ACCOUNTS

 

$651,127.65

 

 

 

 

 

 

 

Motion(Webb/Porter) to approve the Treasurer’s report as read.  Motion carried.

 

Voucher’s Approval

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

 

Clerk Correspondence

Clerk-Treasurer Brustad had received 7 Notices to cut, 2 on property owned by Wausau Paper Company on Section 22, T45N, R9W and S30, T45, R9W, 5 on property owned by Plum Creek in S6, 30, and 34 of T43, R9, S 7 and 34 of T43, R9W, and S15, T44, R9W .

Brustad wanted to remind everyone of the Presidential Election on November 4th.  The polling place will be open from 7:00AM to 8:00PM.

Jon Harkness of the Property Owners Association will conduct a workshop called “Septic Science” on Thursday, November 6th at 4:00 at the Town Hall.  The purpose is to enable participants to identify and explain to others important limitations that local conditions place on the effectiveness of septic systems in Barnes.  “Hands-on activities will be performed in small groups to illustrate principles of science involved in septics as a method of waste disposal.  The workshop is free and will be limited to 90 minutes.  Interested persons can contact Jon directly to reserve a spot at this workshop.  His phone number is 376-2600 or email him at [email protected].

A letter was received from Steve Coffin of the DNR thanking the Board for allowing them to use the Town Hall for their exercise on September 20th.  He stated it was a very successful training.

A letter was received from the friends of the St Croix headwaters requesting a donation of $700.00 for the purchase of a canoe for the Canoes on Wheels program. Collyard said the Town can’t donate town’s funds.

Brustad said Diane Aichele is working with WITC to bring various classes to our area.  She is currently looking for anyone who would be able to teach dancing of any type.  And if anyone has ideas for classes or would be willing to teach a class call her at 795-2926.

 

Approval for RAV’N to set up a display case in the Town Hall to showcase local artists.

RAV’N,  which stands for Rural Arts Voice North, is a non-profit organization comprised of artists in this area that have banded together in an effort to showcase their talents locally.  They are requesting to place a glass display case in the town hall to display local talent.  The case is approximately 4’x6’x2’.   This display case would provide an opportunity for the public to see the kind of talent we have in the Barnes area.  We have many published authors, glass artists, jewelry makers, photographers, weaver and spinners and so on. 

 

Motion(Porter/Webb) to allow RAVN to set up a display case in the town hall.  All Board members thought the idea was a great one to display local talent. Motion carried.

 

Approval of the Town of Barnes Election Contingency Plan

Brustad said the State was recommending all municipalities adopted an Election Contingency Plan.  This would set a policy in case the poliing place would have to move for any reason.  Webb said this is good especially in light of what happened last year with the gas running out.  We almost had to evacuate then. 

 

Motion(Meinke/Porter)to approve the TOB Election Contingency Plan as presented.  Motion carried.

 

Approval to diversify funds to Local Govt Investment Pool and other local banks

Brustad recommended placing part of the bank balance into the Local Government Investment Pool, as it gave the best interest rates.  Then part could also be put into another local bank, such as Johnson Bank or one of the other Hayward banks.  She had called for information from Johnson Bank but hadn’t heard back from the person who was knowledgeable about the sweep investment accounts.  The current FDIC amount is $250,000.00 but will go back to the $100,000.00 limit in 2009.  Webb was concerned if this program was insured with the FDIC.  Brustad thought no, but would check to make sure.  Webb said we would need to make sure the funds are insured and are safe.  She thought this should be placed on the timeline so that it could be visited each month until a determination was made.

 

Citizen’s Request for Action:

 

2)       Request by Mike Brustad and Jeff Weimert to extend the ATV trail from Connors Road west on Pickerel Lake Road to the Pickerel Lake Boat Landing.

ATV Club also wants the ATV Ordinance amended to include Connors Road from County highway N to Pickerel Lake Road and Pickerel Lake Road from Connors Road East to Birch Lake Road.  This route is currently signed and being used as a route but not listed in the Ordinance.

Dave Pederson from the ATV club was present to approve the request.  The stretch of Connors Road and Pickerel Lake Road from Connors road to Birch Lake Road has been signed as long as he can remember.  

 

Motion (Meinke/McGee) to correct and add the sections of Pickerel Lake Road and Connors Road that were omitted from the Ordinance and Motion (Meinke/McGee) to approve the ordinance amendment adding Pickerel Lake Road from the Boat landing east to the existing route from Connors Road east to Birch Lake Road.    Motions carried.

 

 

3)       Request by Harold Oberholtzer for an appeal of decision by the Board to deny                  his application for an Operator’s license.

Collyard explained per the State Statutes the Board cannot give a license to anyone convicted of a felony.  He read a letter from the Town’s attorney, John Carlson:  “This letter is in follow-up to our phone conversation regarding the possible request for appeal of the town’s denial of the issuance of a liquor license.  The town should add this issue to the agenda and address it in open session.  The town does not have a choice in denying this license.  The applicant stated he was convicted of a felony.  The statute says that convicted felons cannot be issued a llicense regardless of the nature of the offence or when it occurred.  It is also irrelevant that this individual had a license in the past.  Since becoming aware of the conviction, the town cannot issue a license.  I would suggest that the applicant see if he can have the felony conviction modified to something other than a felony or have it dismissed.  He needs to find a way to have it removed from his record and then he needs to provide proof to the town that it has been removed.” 

Motion (Porter/McGee) to open the floor to discussion.  Motion carried.  Mr. Oberholtzer stated the conviction was a long time ago and he was trying to get someone to look up the record.  He will try to get it changed. Motion (Porter/McGee) to close the floor for discussion.  Motion carried.

 

Department Head Reports:

 

                Highway               

The wing wall repair project at the South Shore Locks’ bridge has been completed. Landscaping and erosion control have also been completed. The graveled portion will be allowed to settle and will be overlayed with blacktop in 09. Also while the wingwall repair was being done, Bayfield County, who is responsible for maintenance on the lock and dam, replaced the rotted north door on the locks’ with a new one.

The Quonset hut has been cleaned, and filled with sand and salt for the upcoming winter season. Again this winter season, the doors will be left open for non commercial use of the sand and salt.

Two of the three needed easements for the Martin Rd reconstruction project have been received, with the third easement expected to be received shortly. Right of way clearing ads have been placed with bid letting scheduled on Oct. 28. Dependent on if the third easement if received, right of way clearing will be done yet this year, but actual reconstruction will be scheduled as early as possible in the spring.

Two other projects completed in the past month were the removal of stumps off the Roy Dick Rd. right of way, and the partial reconstruction of the first two miles on the 43 Rd.

                                                               

                Cemetery             

Brustad read the Cemetery report: There has been no activity since the last Board meeting.

 

                Fire and Ambulance Department  

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

1 – St. Mary’s

1 -  Gold Cross intercept

4 – Hayward  3 were medical 1 trauma due to Explosion

1 – no transport

2 – with Fire Department on false alarm and power pole fire

 

The Fire Department had no runs

1 – Power pole on Fire

1 – traffic crash scene safety and clean up

1 – False alarm

1 – Explosion mutual aid from Highland and Drummond

Mock Fire occurred and went well.  Margret Bossow has been licensed as EMT trainee.                   

                Constable

( 3 ) Alarms, from sheriff...........( 3 ) Firearms / fireworks, complaints. ( homeowners shooting on own property.)............( 1 ) deer hit on hwy 27............( 4 ) ATV complaints. ( issued warnings ).........( 4 ) trespass complaints. ( hunters on private property, vehicle's parked on private property, hunters following wounded deer.)...........( 1 ) check welfare of overdue hunter.( contacted by family , found safe.)...........total hours 58..........total miles 570...

 

Committee and Commission Reports:         

 

                Recreation Committee     

Donna Porter reported the committee met on the previous Wednesday.  They will be ordering two crab apple trees to be planted in the spring.  They also had ordered 8 flags for the Christmas holiday to be put up at the Hall and down the road on the utility poles. 

 

                EWM Committee

Brustad read the report from the Committee: The Eurasian Water Milfoil Committee is in the final stage of presenting their grants for reimbursement.  The committee met with Pamela Toshner of the DNR last night.

 

Collyard also asked Gene Ratzel to comment on the happenings at the Industrial Park.  Ratzel said two new clients are coming in to the park.  Superior Fuel will be on lot A, closest to the highway, and the Barnstormer’s Snowmobile Club will be in lot B, directly behind Superior Fuel.  Now that there are viable candidates in the park the Barnes Area Development Corp hoped to possible get some help from the County on the infrastructure.

Land Use Planning Commission

Dave Pease reported the Plan Commission met last Thursday to review the two Special Use Permit applications on tonight’s agenda.  The Commission recommended approval of both, with a recommendation to the Board to note on the form the Renneke’s need to comply also with the recommendations Zoning gave to relocate their fire pit and establish a no mow zone between the cabin and the lake.

Zoning:

 

3)        Class A Special Use Permit Request by Dean and Tamara Renneke to continue to use their property as a short-term vacation rental at 5440 Lyndale Bay Road

Motion( Porter/McGee) to approve the Special Use Request by Dean and Tamara Renneke to continue to use their property at 5440 Lyndale for a short term vacation rental and to comply with the notations from the Zoning Department that they need to move the fire pit from the buffer zone andestablish a no mow zone between the lake and the cabin.  Motion carried. 

 

4)        Class A Special Use Permit request by Profit Sharing Plan-Quality Tape to use their property as a short term rental unit at 50795 Peninsula Rd.

Motion(McGee/Webb) to approve the Special Use Permit request by Profit Sharing Plan-Quality Tape to use their property as a short term rental unit at 50795 Peninsula Road. Motion carried. 

 

Operator Licenses:  2 Year License for Marjorie Lemke

Brustad said the applicant had attended the Beverage Server’s course and had her certificate, a background check revealed no criminal history and she had paid the required fee.

Motion(McGee/Porter) to approve the 2 year Operator license for Marjorie Lemke.  Motion carried.

 

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

Brustad said she and Tom Renz were discussing the hours one of the local bars could sell liquor off-sale when they discovered in the statutes that off-sale liquor sales were not allowed with a “Class B” liquor license unless the Town adopted an ordinance stating that.  The “Class B” liquor license only allows sales on the premises of liquor and not sales by the bottle to be consumed off the premises.   If the Board wanted they could also make the bar owners have a “Class A” liquor license to sell off sale, but that would cost them another $400.00 per year.  Since most of the bars probably sell liquor in the bottles off-sale it would mean quite a few would need to get a “Class A” license also.  There are even a few bars with liquor stores which at the present is illegal.  She suggested just amending the liquor ordinance would be the best route to go so it wouldn’t be so costly for the bars in town to continue operating as they have done for years.  The Town’s attorney was not available to get the amendment done for tonight’s meeting but she would have it ready for the next meeting if that was what the Board wanted to do.  They agreed it would be best to amend the ordinance to allow off-sale of liquor by the bottle and it will be put on next month’s agenda for adoption of the amendment. 

 

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

Butch Kofal with the Conservation Club wanted to ask the Board if they could build an elevated platform at the archery range.  It would be funded 100% by the Conservation Club.  They currently maintain tha archery range as well as the rifle range.  Collyard said the Board will have a Special Meeting on October 28th at 4:00PM.  It will be put on the agenda for that meeting for approval.

Kofal also mentioned the problem with the Upper Lake Boat landing.  The Conservation Club doesn’t have much funds for that project but would be willing to provide assistance to fix it if possible. 

 

Issues Timeline Update

Town Owned Land-work in progress

Health Insurance- take off, has been resolved

Records Storage – will have ordinance ready for review at next meeting

Zoning- Brustad to check with Mike Furtak on Markham property, when extension request will be received

 

Motion(Porter/Webb to adjourn the meeting.  Motion carried.  The meeting adjourned at 7:30PM

 

Respectfully Submitted

 

 

 

Elaine J. Brustad

Clerk-Treasurer

dated this 29th day of October, 2008