April 17, 2012: Regular Board Meeting

APPROVED

MINUTES OF THE TOWN OF BARNES

REGULAR MONTHLY BOARD MEETING

Tuesday, April 17^th, 2012 at 6:00PM

At Barnes Town Hall

Chairperson Lu Peet called the Regular Board Meeting to order at 6:02pm.  Roll call was taken:  Board members were present with Supervisor Webb absent (arrived at 6:10pm).  Verification of public notice was asked of Clerk-Treasurer Baldwin by Peet, who then read the ‘Closed Session’ notice on the agenda.

Motion (Porter/ Meinke) to go into closed session, pursuant to State Statute 19.85(c).  Roll call vote taken:  all present responded yes.  Motion carried.The Board adjourned to the Town Hall offices for closed session at 6:04pm.

Motion (Meinke/Webb) to return to open session.  Motion carried.  The board returned to open session at 6:38PM.  There were no motions made in closed session and the board discussed only items pertaining to the statute listed.  Peet called the resumed open session to order at 6:40pm and led the Pledge of Allegiance to the flag.

Motion(Webb/Meinke)to approve the Agenda, as listed.Motion carried.

Agenda

1)             6:00pm:  Roll Call to establish a Quorum &Verification of Public Notice

2)             Motion to go intoClosed Session:  The Town Board of the Town of Barnes will meet in regular session to go into a closed session per State Statute 19.85(c) “considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility.  The board will reconvene to the regular session immediately after the closed session.

3)             Approximately after 6:30PM:  Motion to Return to Regular Session

4)             Pledge Allegiance to the Flag

5)       Motion to approve the Agenda

6)             Motion to approve the Minutes of the March Board Meeting

7)       Treasurer’s Report

8)       Voucher’s Approval

9)       Clerk’s Report

a.       WI-DNR Forest Crop Check for yield, withdrawal and terminated parcels

b.      Update on the Ballot for the State Recall Election for May 8th.

c.       Update on the TOB Invasive Species Committee (formerly “EWM”)

10)         Discussion and possible action on re-establishing 4 Bank Savings Accounts for the: TOB Highway, TOB Building Maintenance, TOB Emergency Services Sinking Funds, and the State EMS-FAP Fund(Emergency Medical Services-Funding Assistance Program, formerly ACT-102)

11)         Review & approve the amended version of last month’s new Ordinance for April Term Extensions for Town Board officersas recommended by the State.

12)         Approve new Terms for the TOB Planning Commission

13)         Discussion on the TOB Employee-of-the-Year Award

14)   Department Head Reports:

a.       Highway Department

·         Monthly Roads Report

b.      Cemetery                                 

c.       Fire and Ambulance Departments

·         Monthly Reports

·         Review and possible approval of the revised Town of Highland Fire & Ambulance Contract.

·         Approval of Kyle Friermood & Dustin Senske as new Fire Department members.

d.      Constable

15)   Committee and Commission Reports:

a.       Transfer Site Committee:  Report from last Wednesday’s meeting

b.      Invasive Species Committee – no planned report

c.       Recreation Committee

d.      Land Use Planning Commission

16)               Request for Board Letter toCounty in support of allowing ATV route along Co. Rd. N by airport

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

18)   Review &Update of the Board Issues Timeline Log

·         Update on Smart Road lawsuit

·         Update on Burrows Lot purchase

19)   Adjourn

Clerk-Treasurer Baldwin read the minutes of the March Board meeting.  Revisions were noted.

Motion( McGee/ Porter )to approve the March minutes with corrections as noted.  Motion Carried.

7.      Treasurer’s Report:  Clerk-TreasurerBaldwin read the summary balances for the cash asset accounts from the following monthly Treasurer’s report:

As of April 17^th, 2012

Town of Barnes Balance Sheet

ASSETS
	Current Assets
		Checking/Savings
			100 · TOB General Fund-SBOD Checking		79,624.83
			101 · TOB Money Market SBOD Savings
				101A · Money Market-General Savings	352,801.11
				101B · Highway Sinking Fund	26,327.92
				101C · BES Sinking Fund	40,464.05
				101D · Park Savings Fund	12,542.96
				101E · Ski Trail Fund	1,032.47
				101H · Building Maintenance Fund	95,932.54
				101J · ACT 102 Fund Checking	5,213.35
				101K · Bridges Maintenance Fund	12,000.00
				101L · Waterways Maintenance Fund	10,000.00
				101 · TOB Money Market SBOD Savings - Other	136.75
			Total 101 · TOB Money Market SBOD Savings		556,451.15
			110 · TOB Cash Reserves
				110-1 · HCCU Shares Savings Acct.	3,750.38
				110-2 · HCCU 35-Mo. CD - 2/20/2014	101,508.82
				110-3 · HCCU 18-Mo. CD - 5/7/2013	106,671.68
				110-4 · HCCU 18-Mo. CD - 5/19/2013	157,531.66
				110-5 · HCCU 18-Mo. CD - 1/4/2013	52,959.75
				110-6 · HCCU 18-Mo. CD - 8/10/2012	101,153.07
			Total 110 · TOB Cash Reserves		523,575.36
		Total Checking/Savings			1,159,651.34
	Total Current Assets				1,159,651.34
TOTAL ASSETS					1,159,651.34
LIABILITIES & EQUITY
	Liabilities
		Current Liabilities
			Other Current Liabilities
				2100 · Payroll Liabilities	8,694.23
				2200 · Other Liabilities	-1,281.71
				26000 · Advance Tax Collections	82.48
			Total Other Current Liabilities		7,495.00
		Total Current Liabilities			7,495.00
	Total Liabilities				7,495.00
	Equity
		3000 · Opening Bal Equity			383,075.84
		3900 · Retained Earnings			791,266.25
		Net Income			-22,185.75
	Total Equity				1,152,156.34
TOTAL LIABILITIES & EQUITY					1,159,651.34

Motion (Meinke/McGee) to approve the Treasurer’s report as read.  Motion carried.

8)       Voucher’s Approval

Motion (Porter / McGee) to approve the voucher’s as presented.  Motion carried.

9)       Clerk’s Report:

a.      WI-DNR Forest Crop Check for yield, withdrawal and terminated parcels:  Baldwin reported receipt of the annual state payment of $6,795., the town owes 20% of this to the county.

b.      Update on the Ballot for the State Recall Election for May 8^th:  The County Clerk had informed Baldwin that the ballots for the election would be available next Monday, April 23^rd; Baldwin stated that in-person voting in the Clerk’s office would start on Tuesday, April 24^th.

c.       Update on the TOB Invasive Species Committee (formerly “EWM”):  Based upon the issue raised at the Annual Town Meeting, Baldwin had verified that David Pease was correct that the Town’s EWM committee was renamed when formed in 2006 but the town had continued to use the old committee name.  Baldwin recommended to the committee that at their April 23^rd meeting they formally propose at the May Board meeting to change their name to the AquaticInvasive Species Committeeto avoid confusion and to match their stated mission.

10)         Discussion and possible action on re-establishing 4 Bank Savings Accounts for the: TOB Highway, TOB Building Maintenance, TOB Emergency Services Sinking Funds, and the State EMS-FAP Fund(Emergency Medical Services-Funding Assistance Program, formerly ACT-102):  Following discussion ofPeet’s request to open 4 new savings accounts for these 4 funds, issue was tabled until May meeting; Clerk-Treasurer Baldwin to research options and the cost of accounts, if any.

11)         Review & approve the amended version of last month’s new Ordinance for April Term Extensions for Town Board officers as recommended by the State

Baldwin stated that after the new ordinance was passed at the March Board meeting, the state GAB rejected the Town Association version we used because it failed to specify the revised term end-dates for Board members elected as of April 2012.  We also now included the new date for the Annual Town Meeting.  He then read the following  amended version:

CHAPTER 2, SECTION 2-11 (Revised)

An Ordinance to Extend and Re-define the Terms for Elected Town Officers in Response to Election Law Changes

Whereas, the term of elected town officers for our Five Person Board, defined in Section 2-2, have previously begun on the 2nd Tuesday in April;

Whereas town officers elected in April 2012 and thereafter will now have their terms of office commence on the 3rd Tuesday in April due to recent state election law changes;

Whereas this law change results in a week long "gap" between the end of the current terms of office for those town officers elected in either 2010 or 2011 and the start of the new terms of office for those officers elected in April 2012 or April 2013;

Whereas, 2011 Wis. Act 115 provides that a town board may enact an ordinance providing that the terms of any elective officers in the town who were elected or appointed to serve for terms expiring on the 2nd Tuesday in either April 2012 or 2013 may be extended to the 3rd Tuesday in April in the same year in which they otherwise would have expired;

Therefore, be it hereby ordained by the Board of the Town of Barnes, Bayfield County that:  

1.       The terms of currently elected town officers which shall expire after 11:59 p.m. on the 2nd Monday of April in either April 2012 or April 2013 shall be extended until the 3rd Tuesday of April in the same year in which the terms would otherwise have expired.

2.       Beginning with the April 2012 election and thereafter, the two-year terms for all town officers elected shall commence and end on the 3rd Tuesday in April. 

3.       Beginning with April 2013, the date for the Annual Town Meeting shall be the 3rd Tuesday in April. 

This ordinance shall be effective upon publication or posting by the town clerk as required, pursuant to s. 60.80, Wis. Stat.

Revised and adopted this 17^th day of April 2012, by the Town Board of the Town of Barnes in Bayfield County, Wisconsin.

Motion (Webb/Meinke) to approve and sign the revised Ordinance as read.   Roll call vote taken:  all responded yes.  Motion carried.

12)         Approve new Terms for the TOB Land Use Planning Commission for the 3 expiring terms/members:  Baldwin informed the Board that Dick Webb had submitted his resignation letter from the commission earlier in the day.  Supervisor Webb said she knew of 2 interested residents, one of whom was Loren Bohl who was in attendance at the meeting.  When asked, Loren stated he would like to be a Commission member.

Motion (Webb/McGee) to appoint Loren Bohl to a 2-year term on the TOB Land Use Planning Commission.   Motion carried.

Motion (Webb/Porter) to re-appoint Mitch McGee to another 2-year term as member and Board liaison on the TOB Land Use Planning Commission.   Motion carried.

Motion (Webb/Porter) to re-appoint David Pease to another 2-year term on the TOB Land Use Planning Commission.   Motion carried.

13)         Discussion on the TOB Employee-of-the-Year Award:   After discussion with Town staff, it was identified that we did not do the award in 2011.  It will be on the May agenda for Board input and nominationsfrom the Department Heads.

14)   Department Head Reports:

a.       Highway Department – Monthly Roads Report

April Road Report

Weight limits were removed on Monday, April 16^th.  This is the earliest I have ever seen this happen.  A testament to the end of an unusual winter. 

We borrowed a truck broom from the Town of Cable and swept the majority of the intersections, curves, and corners in the town.  The dust clouds created by this are incredible.  A little bit of rain should take care of the remaining material.

We have most of the equipment converted from winter operations to summer operations and are ready to go for the construction season.  We have already started on Rabbit Hutch road with the installation of culverts.  We also trenched in ditches in some of the wettest areas.  There is more to do, but it seems to be successful so far.

Arrangements for the tree removal for the Potawatomi project have been made.  I’m hoping this will take place in about three weeks, but it may be more towards the end of May.  This should take about a week.  Once completed, we will start on stump removal with Mark Rasmussen Excavating.  I am still working on a location to dispose of the stumps.

The Transfer Site Committee has had several meetings, and has a tentative plan put together for changes at the site.  Everything is ordered and we hope to have everything in place in early May.

The waterway braces were pulled three weeks ago.  The docks were installed last week.  The cemetery raking is complete.  We installed the French drain in the area between the town hall and the garage.  Along with the changes at the Transfer Site, we need to get the new playground equipment installed and the landscaping from the waterline installation last fall. 

We are still working on the funding for the July 1^st storm.  Steve has some final payroll information to provide, but I anticipate getting over $3,000.  We were denied funding from the County Forestry Town Road Aids program this year.  This will affect our Rabbit Hutch construction project, but we will do the best we can without it.

Respectfully Submitted,

Bob Lang – Roads and Property Foreman

·         In answer to a Board question, Lang stated that he had spent a total of 17 hours sweeping the town roads.

b.      Cemetery:                Sexton Schiess  reported that he was handling a deed issue with Richard Lewis.  He also stated that theCemetery Committee had met and wanted to make improvements to the cemetery entrance and flower boxes and planned to meet with a landscaper.  Schiess wanted to verify this plan with the Board prior to the committee’s next meeting on May 9^th.               

c.       Fire and Ambulance Departments

·            Monthly Reports

Ambulance

Since the last Town board meeting the ambulance has had 4 calls since the last meeting.

1 – Great Divide Intercept transported to Hayward in our ambulance

1 – Great Divide Intercept patient transferred from our Ambulance to theirs

1 – Motorcycle accident Town of Highland patient refused transport

1 – Medical Town of Highland transported to Essential Health

I met with Sue Bruce at Town of Highland with Mitch.  Sue provided me a copy of the Contract which I reviewed.  After several minor changes I think we have an agreement which if I receive the final draft from her I will present to Town Board. 

Margaret has turned in all her gear and has resigned as she will be moving out of Town.

We are still gathering information to start Life Quest for billing once that is done I will notify the Town and Advantage billing of the start date

Fire Department

The Fire Department has had no Fire runs since the last meeting.

The wild land Fire season is upon us so I urge everyone to use caution when burning outside.  I have attended structural branch training with the DNR. 

The new contract with the Town of Highland will include Fire Department so I need the Town to approve the proposed resolution provided. 

I also would like for the Town to approve two new Fire fighters Kyle Friermood and Dustin Senske they both live on East Robinson Lake Road.

The flashover training here at the Hall on Saturday went very well and was excellent training to identify the flashover point.  Being able to recognize that point may be the difference between life and death in that situation. 

Thanks,

Thomas Renz, Fire Chief & Ambulance Director

·      Review & possible approval of the revised Town of Highland Contract:  Renz informed the Board that as a follow-up to his previous meeting with the Highland Board, he had just received a revised contract proposal from Sue Ann Bruce which he then read:

Ambulance, EMS, and Fire Services Agreement

Pursuant to Wisconsin Statutes §§ 60.55 and 60.565, the Town of Highland (“Highland”) hereby contracts with the Barnes Ambulance and Fire Service (“Barnes”) , to provide Ambulance, EMS and Fire Services (“Services”) to that part of Highland which lies within Township 45 North, Range 10 West, Douglas County, Wisconsin (“Agreement”). 

This Agreement shall be for a term of three (3) years beginning January 1, 2012, and ending December 31, 2014, and shall automatically renew unless terminated as described herein. 

Highland shall pay Barnes the sum of $4,000.00 per calendar year for the Services,.

Highland will also pay to Barnes the sum of $1,000.00 to be kept in escrow to cover Additional Expenses during each year of the Term of this Agreement.  Additional monies or reimbursements received by Barnes for Services provided to Highland shall be  deposited into the escrow account and count toward that year’s  $1000.00 sum.  

A monthly report shall be submitted by Barnes to the Chair of Highland by the First Friday of each month stating the date of service, location of service, and in the case of ambulance and EMS services, if there was a transport. 

This Agreement shall automatically renew from year to year after the three year Term unless either party provides notice to the other, in writing, more than sixty days before the first day of the next calendar year, of non-renewal of the Agreement.

Ambulance and EMS Response

Barnes agrees to provide twenty-four hour emergency care at the Basic Life Support level by EMT’s licensed by the State of Wisconsin, both at the scene and while transporting a person to an area hospital.  Highland agrees that Barnes will charge each person to whom it is dispatched and/or transports.

Gold Cross Ambulance shall also be dispatched to the scene and will continue to respond to a call unless it is informed by Barnes to stand down.

Highland recognizes that the Barnes Ambulance may not be available to respond to Highland if already responding to another emergency, equipment is out of service,  or staffing is unavailable.

Fire Response

Both Barnes and Highland shall be called as First Response Departments and both shall respond with the fullest possible complement of equipment and manpower that can be dispatched.

The first Department on the scene of a fire shall assume incident command unless that Department turns over command to another authority.

Highland recognizes that if Barnes is on another call it may be unable to respond to Highland’s request.  However, if Barnes is not on another call, Barnes will respond to Highland’s call and remain on the scene until released by Highland.

Highland agrees to reimburse Barnes or replace any consumable supplies used by Barnes for fire suppression in Highland.

Barnes shall assess up to a $500.00 fee to any party in Highland that requests a fire call.  If not paid, Barnes will notify Highland which will then assess the property owner’s tax bill.  Upon receipt of payment, Highland shall reimburse Barnes.

Highland will continue to provide mutual aid to Barnes upon its request for equipment or manpower.  Barnes will reimburse or replace any consumable supplies used be Highland for fire suppression in Barnes.   All Highland Volunteers will be subject to the Policy and Procedures of the Town Of Highland and will be the responsibility of Highland. 

Each party will maintain the proper insurance to protect its department against claims for personal injury or property damage and provide workmen’s compensation for all personnel.

Each party shall be held liable for damages arising from its own negligence and shall hold harmless all other parties from damages caused by its own negligence.

Barnes’ employees shall remain employees of Barnes, and not of Highland, while performing Services in Highland.  Such Barnes’ employees will remain subject to Barnes’ Policy and Procedures, and will be the responsibility of Barnes for all purposes.

Motion (Webb/Porter) to approve the revised Highland Contract, as read.  Roll call vote taken:  all responded yes.  Motion carried.

·            Approval of Kyle Friermood & Dustin Senske as new Fire Department members:  Peet called for separate motions for each new member.

Motion (Porter/McGee) to approve Kyle Friermoodas new member to the TOB Fire Department. Motion carried.

Motion (Porter/McGee) to approve Dustin Senskeas new member to the TOB Fire Department. Motion carried.

d.      Constable:  Baldwin said he had not received a report from Mike O’Keefe.

15)   Committee and Commission Reports:

a.       Transfer Site Committee:  Report from last Wednesday’s meeting

Lang reported that Jerry has the new exterior attendant shack for the site about 85-90% complete in the Highway garage and hopes to finish it next week.  Ron Pearson is drafting a flyer for distribution to residents at the site that will list the new recyclable items and fees.

·         Peet reminded all that the annual April Barnes Spring Clean-up thank-you is Saturday, April 28^th at the Transfer Site with free coffee and rolls for all.

b.      Invasive Species Committee:  Lee Wiesner, at request of committee chair Ingemar Ekstrom,provided the Committee update.  The state ‘Rapid Response’ grant for the treatment of George Lake was approved.  Applying for the required state permits for the chemical treatment is in process.  Wiesner then read the following letter and request from Jeremy Bates, the Bayfield County AIS Coordinator and town committee member:

Barnes Town Board Members:

I have attached to this letter a short history of the discovery of and planning to control Eurasian Water-milfoil in George Lake.  I have worked with the Barnes EWM Committee, George Lake Residents, Army Corps of Engineers, and WI DNR to determine the best control options for this lake.  After meeting with these groups, two courses of action have been developed:

Option 1:  Treat the North Bay of George Lake with 2,4-D Herbicide at recommended DNR rate, and contract scuba divers to pull EWM in deep basin of the lake

Option 2:  Treat the North Bay of George Lake with 2,4-D Herbicide at recommended DNR rate, and conduct localized herbicide treatments on deep basin

Either option will turn into a whole lake treatment, but it is believed the restriction between the two bays will slow the dissipation of the herbicide.

This planning has been done with partners very familiar with Barnes area.  They know the appropriate actions to take and the venues to communicate the progress and results with the public.  They have had experience with both Tomahawk and Sandbar Lakes.  It is anticipated that the costs for these treatments will be lower than the previous control efforts on Tomahawk and Sandbar Lakes.  The costs for those treatments were $15,901 and $14,484 respectively.

The Barnes EWM/invasive Species Committee will meet next Monday, April 23^rd.  As you can see on the attached history and planning sheet, the plan is to conduct treatment during the first or second week of May.   There is a sense of urgency involved as spring herbicide treatments are less detrimental to native plant communities.  On behalf of those involved in the planning, I am requesting the board grant the Barnes EWM/Invasive Species Committee approval to conduct the following:

1.       Decide between and facilitate one of these two treatment options

2.       Coordinate with and hire an herbicide applicator and/or divers to perform the control efforts provided they do not spend more than the amount funded through the DNR Rapid Response Grant

3.       Obtain signature from town clerk on DNR Chemical Aquatic Plant Control Permit

It would also be helpful if the board would be willing to designate an individual board member to request bids/quotes from applicators if this is a necessary step to take.  If this is not necessary, the EWM committee is comfortable in selecting from the previous two applicators.

Thank You for your time,

Jeremy Bates

Bayfield County AIS Coordinator

Motion (Meinke / Webb) to approve all three requests in the letter and authorize the Committee to select the applicator for the treatment.  Motion carried.

c.       Recreation Committee:  Supervisor Porter stated that theCommittee was scheduling a meeting for next month.

d.      Land Use Planning Commission – David Pease said there was no report this month.

16)   Request for Board Letter to County in support of allowing ATV route along Co. Rd. N by airport

Loren Bohl, President of the Lake Country ATV Club, asked the Board to support a request to the County to allow an ATV route along N by the airport so that users would not have to circumnavigate the entire airport.  Department Heads Renz and Lang also recommended support.

Motion (Webb/McGee) to create a letter to the Bayfield County Board for Board signature in support of allowing an ATV route along Co. Rd. N by Barnes Airport.  Motion carried.

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

·         Greg Martin reported on the Conservation Club meeting and that for the ‘Spring Clean-up’ the club would be doing:  Hwy N from Lake Rd. to Co. Rd. A, All of Lake Rd. from the Cabin Store to Hwy. 27, and also C. Rd. Y from the Enchanted Inn to Beauregard Lake Rd.  Bob Lang asked Martin if the Club had a dock for Robinson Lake and Martin said they did.

·         Tom Renz reported on a new program that the Bayfield County Sherriff’s Department has implemented:  ‘Project Lifesaver’The department provides GPS-tracking wearable bracelets for Alzheimer, dementia, autistic, etc. individuals so that they can easily be found by the department in the event that they become lost anywhere or wander from home. 

·         Supervisor Webb inquired about getting the new self-prompt defibrillators for the VFW Hall and church.  It was discussed that the defibrillator in town hall is also for first responders only and not one of the new fail-safe types that anyone can use.

·         David Pease spoke on the need for public relations and communication to the town residents for the changes at the Transfer Site; and reminded residents to have patience.

18)   Review &Update of the Board Issues Timeline Log

·         Update on Smart Road lawsuit

·         Update on Burrows Lot purchase

Peet reported that the status from the town attorney on the Smart Road lawsuit was that the response from the O’Shaughnessy attorney that was filed was invalid since it did not address the specific complaint and he was going to request that the court require a proper response.  The town attorney also recommended that the town do the Burrows lot purchase.  Peet said she had also discussed it with Mike Furtak, the Bayfield Co. Zoning Administrator and he too was supportive of the idea and saw no zoning issues with it.

19)   Adjourn

Motion (Webb / Meinke) to adjourn the April 2012 Regular Town Board Meeting; Motion Carried.  Meeting adjourned at 8:51PM.

Respectfully Submitted,

Stephen C. Baldwin, Town of Barnes Clerk-Treasurer

Dated this 9^thday of May, 2012