MINUTES OF THE REGULAR TOWN BOARD MEETING
OF NOVEMBER 16, 2004
Chairman Gene Ratzel called the meeting to order at 6:30PM.
The Pledge of Allegiance was said.
Ratzel read the November Amended Agenda as
Call the meeting to order
Pledge Allegiance to the Flag
Approve the Amended November Agenda
Approve the Minutes of the Last Regular Board Meeting
Clerk / Correspondence
Licenses-2-Year Operator’s License to Lori Bertrand 1-Year Operator’s License to April Seidlitz
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
Bayfield County Land Records -Explore meeting regarding Aerial Photography of Bayfield Co
Ski Trail-Gene Miller-New Signs and Trail Issues
Issues Timeline-Update Dixie Chermack
Ad Hoc Eurasian Watermilfoil-Updates
Zoning -1. Keske 54985 George Lake Road-Rezone R2 to R3
Ordinance -Approve new Town of Barnes Ordinances Codification
Loan-Motion to approve loan for $600,000.00 at 3% for 5 years from the State Trust Loan Fund for
$600,000.00 in Roadwork for 2005
Comprehensive Land Use Planning Committee-Updates
BADC-Barnes area Development-Updates
Board Member Reports
1. The Town Board will then go into closed session pursuant to State Statute 19.85 (1) (g) for the
purpose of conferring with legal counsel for the governmental body who is rendering oral or
written advice concerning strategy to be adopted by the body with respect to litigation in which
it is or is likely to become involved.
2. The Town Board of the Town of Barnes will also go into closed session pursuant to State
Statute 19.85(b) and (c) for considering employment, promotion, compensation or performance
evaluation data of any public employee over which the governmental body has jurisdiction or
The board will return to open session immediately after the closed sessions.
Motion (Scharlau / Meinke) to approve the Amended November Agenda. Motion carried.
Motion (Webb / Scharlau) to approve the Minutes of the Last Regular Town Board Meeting. Motion carried.
Treasurer’s Report- Treasurer Debbie Sesko gave the Treasurer’s Report as follows:
Checking Balance from Last Meeting $ 328,858.47
Receipts # 16215 to # 16245 $ 26,157.81
Check # 18480 to # 18583 $ (80,440.08)
October 2004 Service Charge $ (15.60)
October 2004 Interest $ 131.07
October 2004 Federal Tax Payment $ (3,428.18)
November 10, 2004 Interest $ 51.30
November 2004 Federal Tax Payment $ (3,509.34)
Checking Balance $ 267,805.45
Ambulance Investment Fund -Receipt # 16240 $2.39 $ 2,839.18
Highway Department Sinking Fund -Receipt # 16241 $72.26 $ 85,833.92
BES Sinking Fund -Receipt # 16242 $15.01 $ 17,835.74
Park Savings-Receipt # 16245 $8.39 $ 9,965.49
Ski Trail Savings-Receipt # 16244 $.26 $ 303.81
Parade-Event Calendar Fund-Receipt # 16243 $1.87 $ 2,219.44
Balance All Accounts $ 386,803.03
Motion (Meinke / Chermack) to approve the Treasurer’s Report as given. Motion carried.
Motion (Chermack / Scharlau) to approve the vouchers as presented. Motion carried.
Clerk / Correspondence-
1. Notice for Bayfield CO. Zoning for the meeting to be held on November 18, 2004
2. Notice from Wisconsin Compensation Ratings Bureau that the town will not have an experience rating this year. This could affect what we pay for Worker’s Compensation Insurance.
3. Notice of the County Board Meeting of November 9, 2004
4. Notice of Tax Levy from WITC for $284,310.90 compared to $256,934.68 last year (+$27,376.20)
5. Notice of Tax Levy for the State $52,239.12 compared to $44,880.60 last year (+$7,358.52) and the County for $1,017,107.71 compared to $946,133.42 last year (+$70,970.29)
6. Notice of Tax Levy from the Drummond School District for$1,370,045.47 compared to $1,294,735.49 (+ $75,309.98)
7. Town of Barnes Tax Levy will be $459,980.45($460,000.00-$19.55 State Computer Exemption Aid) compared to $453,216.00 last year (+$6,664.45).
8. The Total Mill Rate was not available as of tonight because the State has not yet given us the State School Aid and State Aid Mill Rates. These will become available on this Thursday. The Total Mill Rate will be available by Thursday afternoon. A copy of the Minutes of the Budget Hearing and Special Town Meeting along with the 2005 Budget is available on the table in back.
9. The Appointed Position of Election Inspector will be up for renewal for 2005-2006. Any interested
resident who is a registered voter in the Town of Barnes may apply. The names will be chosen from
the applications received by the 20th of December, 2004. The Town Chairman will pick the names at
the December 21, 2004 regular town board meeting. Application forms are available at the clerk’s
Licenses- 2-Year Operator’s License to Lori Bertrand and a 1-Year Operator’s License to April Seidlitz. Both applicants have had the background checks done. Both were issued a Temporary Operator’s License awaiting the completion of the Responsible Beverage Server Class. Motion (Meinke / Webb) to approve the licenses for the two applicants upon completion of the Responsible Beverage Server Class. Motion carried.
Public Comment Session- There were no public comments.
Department Head Reports-
Cemetery Committee-Bud Pease. Pease reported that there was one burial on October 23, 2004 for a Mr. Frank Plachy. There was no other activity. There is a need for a new flag at the cemetery. The board will check with the VFW or other sources to get a replacement.
Ambulance Department- Ambulance Director Del Jerome reported that they had three runs since the last meeting-2 to Duluth and 1 to Hayward. There was nothing else to report.
Fire Department- Fire Chief Tom Renz was at EMT class. The only call was an auto accident on October 31, 2004 (Report by Gene Miller, Fire Department Secretary). The clerk announced that at the Special Town Board Meeting of November 6, 2004, the town gave the authority for the Fire and Ambulance Departments to jointly purchase a Jaws of Life for a sum of approximately $13,000.00. This money will be taken from the BES Sinking Funds.
Constable- Constable Mike O’Keefe reported that he had a total of 12 calls since the last meeting. These included 3 alarm calls, 2 deer hits, 2 trespass complaints, 1 attempt to locate, 1 assist sheriff with prisoner, 1 assist motorist, 1 ATV complaint and 1 shots fired. O’Keefe then noted that, for the first time, after the passage of the Ordinance Code at tonight’s meeting there will be a way to enforce the town’s ordinances. Ratzel said that perhaps some of the issues would go away once there are citations issued to violators.
Garage-Len Schiller, Garage Supervisor, reported that the town has the new state road plat maps for 2005. All of the known corrections had been made and sent back to the state prior to this. The crew has been grading, brushing, sweeping the intersections, etc. They have also been getting the equipment ready for snow plowing. The fuel pump card system had to be repaired as it was not working right. The 1987 truck has been picked up by Wayne Boelk, the highest bidder for the truck. The crew has been replacing various signs around town. The conveyor system for the 1997 truck has been repaired. All of the town’s fire extinguishers have been checked out and recharged if necessary, at a considerable saving from last year. Schiller said he went to a different service and it saved the town around $1,000.00. The polar diesel and the gas have been delivered. This should last through the winter. The mercury vapor lights by the town buildings have been fixed by Dahlberg. They were out. The town pays $11.00 a month for these and the electric company should be maintaining them for us. The town has taken delivery of 500 tons of salt and sand for the roads from South Shore Sand and Gravel. Schiller said that he is requesting that the Transfer Site be closed on Christmas Day and also on New Year’s Day. The board asked Schiller to post the notices for these closures. The new “Town of Barnes” signs would be delivered on Friday. They most likely would not go up before spring. There are permits to get for them before they can be put up. Schiller said that he would like to see an ordinance for weight limits. There is none now for the town roads. He said that the town requests that the heavy trucks not use the paved roads, especially, during the thaw, but that there is no way to enforce this now. Webb and Chermack said that the board would look at this issue and get the ball rolling. Schiller said he has spoken to Jan Victorson about some road name changes that were needed. The roads are White Pine Court off Jim Miller Road and Robinson Lake Landing Road off Robinson Lake Road. White Pine Court would become an extension of Jim Miller Road and no numbering would change. Robinson Lake Landing would become an extension of Robinson Lake Road and no numbering would have to be changed there either. The names would have to be changed by ordinance or resolution. This would be put on the December agenda. Chernmack asked who gets these changes to the state. Schiller said that he did. These changes would not be done until next year’s map is out. There was a question if the Constable had gotten a card for the use of the town’s gas pumps. Schiller said no, but he would get a card for the Constable from the clerk and program it in for him.
Bayfield County Land Records- There would be a meeting on November 17, 2004 from 10:00AM to Noon on the topic of getting new aerial photography done for the county. The county is looking at getting some input from the various towns and possibly some partnering, it looks like. Dave Thorson said he had been up in a plane and had taken some aerial photos of Barnes for the Centennial and if there would be any use that the town could make of them it should contact him. Webb said that the aerial photos of the county are pretty old and need to be updated. Ratzel said he would look on his calendar to see it he would be available to attend the meeting. Chermack said she would like to know if this would be useful to the Comprehensive Land Use Plan. Gene Miller said that he had an insight into this issue, having worked for the DNR. The aerial photos are updated every 10 years or so. The county is meeting now to set up the project for next summer. The results wouldn’t be available for six months after that.
Ski Trail-Gene Miller gave a handout on the history of the ski trail to the board members and the clerk. This also contained copies of the news letter that he sends out, as well as copies of letter from various users of the ski trail. Miller said that most of the comments are good, barring a few grooming incidents. They got the new groomer in 2002 and it has been doing a good job. TAZ does the brushing and mowing and that has made the trail good for summer hikers also. Miller wants to be able to put out some new signs and replace some of the signs that are getting bad. The board told him to go ahead with this project as there were some funds in the Ski Trail Fund and there are also funds budgeted for trail maintenance. The cost would be about $35.00 a sign Miller thought. There would be a need for at least six trail designation signs, plus some Stop signs. They are made out of some type of plastic material. The signs with color are more expensive, but they would be more useful. Miller wants to keep the area as natural looking as possible, but having the safety features offered by the use of the signs. Miller said he would coordinate with Schiller. He would also contact the Conservation Club as they have offered to help with the shelter. This shelter is in need of roof repairs.
Issues Timeline- Dixie Chermack addressed the other board members on their feelings about having a timeline for the issues that have been brought before the board (or would be shortly). The board members were in favor of this. Chermack would take charge of this timeline and keep it updated. Chermack then went through the issues to see what has been done, what needs to be done and when and who should work on them.
Ad Hoc Eurasian Watermilfoil- Dave Thorson said that they had hoped to get the committee set by November, but that didn’t happen. A letter has been sent out and several phone calls have been made, as well as e-mails. Thorson said that the members are: Ingemar Ekstrom and Carol Tierney representing the Property Owners Association; Dave Pease, Conservation Club; Jim Nieckula, concerned citizen; Clarence Tollefson, a Beauregard Lake Resident from the Town of Highland; Leigh Jordahl, Potawatomi Property Owners Association; two at large advocates, Dave Bloomer of Spooner (Grants Management) and a biologist from the Great Lakes Indian group. The Ad Hoc committee is still looking at getting a representative from the Eau Claire Lakes Business Association and the Tomahawk / Sand Bar Lake area. There are two main issues Thorson said: 1. Look at how to control the problem in the lakes where it is already occurring and 2. How do we keep it from spreading to other area lakes?
Zoning- Roger Keske 54985 George Lake Road-The petition asked for a rezoning from R2 to R3. Mr. Keske presented his request for rezoning his land from R2 to R3. Motion (Webb / Scharlau) to approve the rezone from R2 to R3 (to start discussion). Mr. Keske said that this rezoning would allow him to sell off some parcels of his land, 2 acres at a time. There are no plans for the land now, although he does have an interested party. He also has four children and this rezoning would make it easier to turn the land over to his children. There was discussion on how much land there is. It is about 10 acres- although the county records say it is closer to 12, Mr. Keske said it was 10 acres. There could possibly be three lots plus the lot that the cabin is on now. This would not make much of an impact on the density of the area. There were no other restrictions put on the rezoning by the board. Motion carried. The clerk will have the signed request faxed to the County Zoning and then will send the physical copy to Zoning by mail on Wednesday.
Constable Duty Requirements- Ratzel said that there should be something in writing as to what the Constable’s duties are. This is currently not in our ordinance. The board members should think about what they expect from the constable: 1. What are the areas that need to be monitored and 2. Now that we have some enforcement capabilities, how should this be done? Ratzel said he realizes that this is broadly a 24-7 job, but the constable is not physically able, as one person, to be at all places at all times. The Constable is the only one who can enforce town ordinances. If he is called, he should be able to go to the violation scene. Webb asked if there were specifics on this-known violations. Ratzel asked if we should expect more coverage. Constable O’Keefe said that he can’t be everywhere. If he is on the lakes, he can’t be at an ATV violation or that if he is out of town, there is no one to replace him and he does have a family to be with. Ratzel said that some of the areas of concern were the ATVs in the area of the Transfer Site; The Potawatomi Area (O’Keefe said that he has had contact with Dawn Pittman and Leigh Jordahl); people should be calling the Constable or Sheriff, not Gene Ratzel. O’Keefe said that he uses his own personal watercraft and ATV to do the patrolling, as well as using his own truck for about $13.00 a day in wages. This is the only way he has of monitoring these areas as the town does not supply him with these vehicles. O’Keefe said that there may come a day when Barnes needs an Appointed Constable, but that didn’t work in Gordon, or have its own police force. Webb said that the board has to sit down and look at this issue. O’Keefe said that he responds to the sheriff’s department calls. Now that he is able to enforce the ordinances, maybe the word would get out that the violators are being given a citation and that the illegal activities would cease. O’Keefe said that that was an issue also-there has to be somebody to take the money such as the clerk. If the clerk is not available, then the party has to be taken to a facility where the money can be given over. The mechanics have to be worked out. The board decided to put this on the agenda for December 9th also. O’Keefe said that he would be there.
Ordinance-Town of Barnes Code of Ordinance- The clerk read the following ordinance:
AN ORDINANCE TO RISE AND CONSOLIDATE, AMEND, SUPPLEMENT
AND CODIFY THE GENERAL ORDINANCES OF THE TOWN OF BARNES
The Town Board of the Town of Barnes, Wisconsin, do ordain as follows:
The code of ordinances in folder form entitled; “CODE OF ORDINANCES OF THE TOWN OF BARNES, WISCONSIN,” having been placed on file and open to public inspection in the office of the town clerk for a period of two weeks, commencing November 1, 2004, in accordance with the procedure provided under SE. 66.0103 of Wis. Stats., is hereby adopted as the general code of ordinances in and for the Town of Barnes, Bayfield County, Wisconsin, and all previously adopted general ordinances of the Town of Barnes are herby repealed, except as provided in Chapter 2 of this ordinance.
The code of ordinances hereby adopted shall not be deemed to repeal any ordinances of the Town of Barnes or any general ordinances or part hereof relating to the following subjects and not conflicting with any of the provisions of the “CODE OF ORDINANCES OF THE TOWN OF BARNES.”
This ordinance shall take effect upon passage and publication as required by law.
Motion (Webb / Meinke) to adopt the “ORDINANCE TO RISE AND CONSOLIDATE, AMEND, SUPPLEMENT AND CODIFY THE GENERAL ORDINANCES OF THE TOWN OF BARNES”. Motion carried. The clerk will post the ordinance in the three public places and publish this ordinance in The County Journal.
Loan- Motion (Chermack / Ratzel) to approve taking out a loan for $600,000.00 from the State Trust Loan Fund for $600,000.00 in Roadwork for 2005. The repayment would start in 2006 and go for five years at 3% interest.) Roll call vote was taken: Scharlau, Yes; Chermack, Yes; Meinke, Yes; Webb, Yes and Ratzel, Yes. Motion carried. The clerk will send a copy of these minutes along with the application as prescribed by the State Trust Loan Fund.
Comprehensive Land Use Planning Committee-Updates. Dave Pease said that the committee met last month and did the Housing element. Some of the advisory statements were to:
Pease said that the next meeting would be held on December 8, 2004.
Barnes Area Historical Association-BAHA-Centennial update. Dave Thorson spoke on what has been happening.
Barnes Area Development Corporation-BADC- Updates. Meinke said the BADC was still looking at getting some funding for infrastructure. It is getting together information for the web page. CCS would have the BADC on a button to access information on the BADC.
Board Members Reports:
Jack Meinke-Meinke had nothing more to report.
Chris Webb-Webb asked if the Centennial Committee has started to advertise and what were the plans for
putting something in with the tax bills on the Centennial. Dave Thorson said that the advertising campaign had
begun and that inserts were going to be sent with the taxes. The web site, when it is completed will have
notices there also. Webb asked if this was going to be on the Calendar of Events brochure, as she has had a
few people ask about the dates. This was also a yes.
Dave Scharlau-Scharlau had some questions on the new Town of Barnes signs-how many and where would
they go. Chermack said that all of the old signs are down now. There are still questions where the new signs
would go. Scharlau would look into getting the permits. There is a fee of $50.00 per sign on the state roads.
There are 4 signs. Meinke thought that one could be placed at either “A” and Highway 27 or “Y” and
Highway 27. Scharlau would work together with Mike Furtak to figure this out.
Dixie Chermack-Chermack asked if any of the board members would be going to the WTA conference on
December 14, 2004 at Turtleback in Rice Lake. The following persons would be attending: Ratzel, Meinke,
Chermack, Scharlau and Clerk Peet. The clerk would post a notice that the board members would be
together at this meeting. Schiller asked Chermack if the Driveway and Weight Limit Ordinances would be
worked on at the December 9th meeting. Chermack said yes they would be.
Gene Ratzel-Ratzel spoke on the Special Town Meeting and Budget Hearing that was held on November
12, 2004. Ratzel commented that the clerk had done a good job of getting the format into a readable form. It
is now in a standardized format.
Motion (Webb / Scharlau) to adjourn the regular session to go into closed session pursuant to State Statutes 19.85 (1)(g) and also 19.85 (b) and (c) as stated in the agenda. Roll call vote was taken: Scharlau, Yes; Meinke, Yes; Chermack, Yes; Webb, Yes and Ratzel, Yes. Motion carried. The board will reconvene back to regular session immediately after the closed session is adjourned. The regular session was adjourned at 8:12PM.
MINUTES OF THE CLOSED SESSION
OF NOVEMBER 16, 2004
Chairman Ratzel called the closed session to order at 8:20PM.
It was decided to address the second issue first-State Statute 19.85 (b) and (c).
Members present for Session 2. were: Gene Miller, Del Jerome and board members Gene Ratzel, Chris Webb, Jack Meinke, Dave Scharlau and Dixie Chermack. Also present was the clerk Lu Peet.
Only issues relating to State Statute 19.85 (b) and (c) were discussed. After the discussion of this issue was completed, Mr. Jerome and Mr. Miller left the meeting. No decisions were made on this issue in closed session.
The first issue relating to State Statute 19.85 (1)(g) was discussed next. There were no decisions made in closed session.
Motion (Meinke / Chermack) to adjourn the closed session to go back into regular session. Motion carried. The closed session adjourned at 9:23PM.
MINUTES OF THE RECONVENED REGULAR TOWN BOARD MEETING
OF NOVEMBER 16, 2004
Chairman Ratzel called the reconvened regular session to order at 9:26PM.
There were no other persons present besides the town board members and the clerk.
The first issue on State Statute 19.85 (1)(g) was discussed. The board decided to disallow the claim presented to them as it was not done in a timely manner or properly presented. This was on advice from the attorney. Motion (Webb / Chermack) to deny the claim. Motion carried. The board members signed the letter prepared by the attorney. The clerk would send the letter out by certified mail with return signature required to the claimant on Wednesday the 17th of November 2004.
The second issue was then discussed pursuant to State Statute 19.85 (b) and (c). The board discussed the language that would be used in the motion. Motion (Chermack / Scharlau) that after discussion in closed session and with the information received in closed session, the Town Board of the Town of Barnes has given authority to the Town Chairman to proceed with the possible suspension, of the individual in question, until further investigation is completed. This order is dependant on the receipt of information that is to be delivered no later than the close of the business day on Wednesday November 17, 2004. Motion carried. The clerk would contact the attorney in the morning to have the motion approved and also to let the attorney know of the issue involved. If a letter would have to be sent to the individual, the attorney would draft the letter for the board.
Webb said that the discussion on the Ambulance Service would have to be added to the agenda for the December 9, 2004 meeting. There are important issues that have to be addressed. There was discussion on the sign up sheet for 24-7 coverage. The clerk would contact Solon Springs, Gordon and Wascott on how they have their ambulance services set up and what their costs are for ambulance protection.
Motion (Meinke / Scharlau) to adjourn the reconvened regular town board meeting. Motion carried. The reconvened regular session was adjourned at 9:47PM.
Members of the town board in attendance: Chairman Gene Ratzel, Supervisors Dixie Chermack, Jack Meinke, Dave Scharlau and Chris Webb. Also present were the Treasurer Debbie Sesko and Clerk Lu Peet.
Committee persons and department heads present: Constable Mike O’Keefe; Garage Supervisor Len Schiller; Ambulance Director Del Jerome; Cemetery Sexton Bud Pease; Comprehensive Land Use Committee Chairman Dave Pease. Absent: Fire Chief Tom Renz (Attending EMT class); BADC Chairman Art Smith; BAHA Representative Judi Scholz.
Members of the community in attendance: Roger Keske, Dick Collyard, Donna Porter, Elaine Brustad, Dave Thorson, Dawn Pittman, Ingemar Ekstrom, Gene Miller, Peg Harsvick, Marv Harsvick, Leigh Jordahl, Janine Watts, Earl Gregoire, Linda Gregoire, Jon Harkness, Buzzy Harkness and Keith Beaver. There may have been other present but not noted or signed in.
Lucille J. Peet
Barnes Town Clerk
Dated this 18th day of November 2004