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August 19, 2010 Meeting Minutes

Public Hearing – Comprehensive Plan Amendment

Chairman Kichak called the Public Hearing on the Mercer Comprehensive Plan amendment to order on Thursday August 19th at 6:00 pm.

Roll Call: Jim Kichak, Jeff Stenberg, Bonnie Banaszak, Chuck Schorepfer, Jeanne Dehnicke, Kathy Tutt, Dave Gentile, Tom Thompson and Opal Roberts. Jim Lambert arrived at 6:05 pm. Seven members of the audience were in attendance.
The county is involved in a zoning revision project to have a more uniform zoning classification pattern. Mercer wanted to further define “Forest Residential” for legal reasons. The zoning administrator recommended we also change the agriculture and forest dimensions. Later he said the county has to do this first.
Stenberg said he personally does not feel the Planning Commission has spent enough time on the consideration of the agricultural and forest definitions.
Phyllis Kountney said she had been told by the zoning administrator that agriculture would be from 5 acres to 35 acres and that this would be state mandated. This was news to the town board and Planning Commission.
Discussion was held on the proposed amendment to change the density of Forest Residential parcels from 60,000 sq ft (outside shorelands) to 135,000 sq ft (approx. 3.1 acres). If land has public sewer, change from 40,000 sq ft to 67,500 sq ft (approx. 1.5 acres). The audience had questions and concerns about the ability to raise chickens, or small farm animals, with this restriction. Would a smaller size lot indicate they could not have a garden? There was much discussion and assurances by the Planning Commission and the Town Board that this amendment would only affect Forest Residential parcels.
Lambert made the statement that he did not think the Planning Commission was entirely satisfied with the wording of this amendment. Stenberg said there was a lot of confusion from Northwest Regional Planning and he did not think the revisions needed to be done immediately. He would like to have more meetings to discuss this. Northwest Regional Planning will hold a meeting with the Town of Mercer on August 25th at 6:00 pm in the Town Hall to discuss the zoning ordinance revision process.
The Board and Planning Commission assured the audience that nothing would be done about amending the Forest Residential densities or any other changes in the Mercer Comprehensive Plan without more Public Hearings.
Discussion was held on the inclusion of a 7-mile, non-motorized trail system that will connect to the Northern Highlands Regional Trail System. Several attendees asked for the inclusion of the statement “as long as it does not interfere with snowmobile or ATV trails” which had been approved by the Planning Commission at their June 17th 2010 meeting.
Motion made by Lambert, seconded by Schroepfer, to adjourn the Public Hearing at 6:25 pm. Carried.

Mercer Town Board of Supervisors – August 19th 2010 – Minutes

Chairman Kichak called the meeting of the Town of Mercer Board of Supervisors to order Thursday August 19th 2010 at 6:45 pm in the Haines Civic Building (Town Hall).

Roll Call: Jim Kichak, Jim Lambert, Jeff Stenberg, Bonnie Banaszak, Charles Schroepfer, Christan Brandt, Atty Schellgell and Opal Roberts.

Motion made by Banaszak, seconded by Schroepfer, to approve the minutes from the August 5th 2010 Town Board meeting and the August 17th 2010 Adjourned Board of Review meeting. Carried.

Open comment: none

New Business: a) Discuss/Approve Resolution 2010-05 to Amend Comprehensive Plan.
Section V of the Resolution will be amended to delete item 1) density change for Forest Residential. Item 2) will have the requested statement added.
Motion made by Banaszak, seconded by Stenberg, to approve Resolution 2010-05 Amendment to the Town of Mercer Comprehensive Plan with the deletion of item 1) and the addition of the words “provided it does not interfere with any snowmobile or ATV trails” to item 2) in Section V. (see attached) Carried.

b) Discuss/Approve Resolution 2010-06 for Commendation for Congress Obey.
Motion made by Banaszak, seconded by Schroepfer, to approve the Resolution of commendation and appreciation to Congressman Dave Obey for his long and illustrious public service to his country, the State of Wisconsin, and the Town of Mercer. (see attached) Carried.

c) Discuss/Approve Slamm modeling of Phosphorous result cost addition.
The Mercer Lake Association insists that this should be included in the Mercer Stormwater and Assessment report. This will be at the expense of the town for approximately $800.
Motion made by Banaszak, seconded by Lambert, to approve the additional costs for the Phosphorous result of the Slamm modeling. Carried.

d) Discuss/Approve Tourist Rooming House application for 4760N County Park Road owned by Jeff Ruffing.
The board discussed the availability of the appointed Resident Agent since she may have moved out of the area.
Motion made by Stenberg, seconded by Schroepfer, to approve the Tourist Rooming House permit for 4760N County Park Road owned by Jeff Ruffing on the condition he appoint a different Mercer resident as his Resident Agent. Lambert abstained. Carried.

e) Amend ATV/Snowmobile Ordinances to include Roebels Park Road.
A petition signed by eight property owners was submitted to the board. No objection from the audience.
Motion made by Lambert, seconded by Stenberg, to approve the amendments to the ATV and Snowmobile Ordinances to add Roebels Park Road as an ATV/Snowmobile route. Carried.

f) Award propane (heating) bids.
Two bids were received: Midland Services for $1.48 per gallon; and Ritchie Lakeland Propane for $1.399 cents per gallon, minus 10 cents per gallon, when paid within 30 days of delivery.
Motion made by Lambert, seconded by Banaszak, to accept the Ritchie Lakeland Propane bid of $1.399 per gallon, minus 10 cents per gallon, when paid within 30 days of delivery. Carried.

g) Discuss current road projects.
Schroepfer asked if the town would be paving any roads on the 2010 Road Plan this year. Kichak stated that he hoped to pave Camp Nokomis Road. Scott should be starting on the chip sealing soon. Schroepfer suggested the town get the paving bids in the newspaper. We have several roads that could be prepped in a hurry.

Old Business: none.

Legal: Lambert had asked if the town had any recourse with the paving of the roads in the Mazol subdivision if the developer has filed bankruptcy. Atty Schellgell explained that the Town had no legal options except to simply not accept the platted roads. The town has no standing to sue. The property owners can file suit against the developer for not completing the proposed roads.

Officer Reports: Clerk’s Report - Roberts presented the receipts list, vouchers and budget report.
Motion made by Lambert, seconded by Stenberg, to approve the vouchers and issue the checks. Carried.

The Equalized Value for Mercer has been set by the state at $475,288,300. This is - 4% from 2009. The County Equalized Value is -4.84% from 2009. The apportionment of the County Levy will be 49% for the Town of Mercer. The state’s estimated January 1, 2010 population for Mercer is 1932, an increase of seven residents from 2009.

Treasurer’s Report – Brandt presented the Treasurer’s report. The General Account has a balance of $554,002.58. Total of all funds is $1,849,639.70. The August Tax Roll settlement from the County was $456,882.68.
Motion made by Banaszak, seconded by Stenberg, to approve the Treasurer’s report. Carried.

Board Reports: Chair/Garage reports: Trees from the tornado have been cleaned up in the 24 sections area. The crew is woking on Murrays Landing. Luppino said they will donate the paving from Garnet to the Memorial for parking. There have been complaints about the parking past the Post Office on Lakeview Avenue. This should be angle parking. When the Highway 51 project is done there will be angle parking indicated in that area. There had been a complaint about logging debris left on West Echo Lake Road. Kichak had checked this out and found several branches he will have the crew remove. The old truck to be used as a trade-in will be hauled to Mid-States tomorrow. Schroepfer suggested he contact Sherry Otto of the DNR about burning the brush in Hadley Pit that had been taken there from the tornado damage. Mercer residents have first selection of the wood in the old 24 Sections dump on County FF.

Supervisors: Schroepfer – The shop lights will be worked on the first part of September. He will look at possible improvements to the old garage. The library book sale went well with over a $1,000 raised. He included a crosswalk painting quote in the board packets. Stenberg said that the walking path at the side of County Road J also needs painting. Kichak said that can be done when the county is painting County Road H.

Banaszak – she met with Carolee Russell of WISCAP and the grant application is being written. The purchase of the pedestrian stanchions has to go through EMCS. She is requesting an extension for the Targeted Runoff Management grant because we will not be starting the project within a year of the grant approval. She and Schroepfer attended the coffee with Senator Jauch to discuss the bike path. Did the board have any thought on moving the fishing pier to allow handicapped boat boarding at the Mercer Lake landing? Kichak said that will need to be looked at to see what can be done. She asked if Kichak and Stenberg had met with Malone. Kichak said Malone will start the clean-up next week.

Lambert – none.

Stenberg – he had a complaint about ATVs parking on the sidewalk. If this continues businesses will need to inform their ATV patrons that this is prohibited.

Public Comment: Kathy Tutt said the customer appreciation event was a success and thanked the town for their help and for supplying the barricades. Jim Schmitt asked about how to address the problem with a Tourist Rooming House on Flambeau Dam Road. The board said to call the Sheriff’s office so an official complaint can be issued. After two such complaints the TRH permit can be revoked.

For Consideration and Approval: Liquor License: Temporary Beer permit for the Mercer Area Ambulance for the Steak Feed to be held August 28th 2010 at the Community Center.
Motion made Schroepfer, seconded Lambert, to approve the Temporary Beer permit for the Mercer Area Ambulance. Carried.
Operator licenses for: James Stiphnovic.
Motion made by Stenberg, seconded by Banaszak, to approve the operator’s licenses for James Stiphnovic. Carried.
Cemetery Deeds: Terry Smith.
Motion made by Banaszak, seconded by Lambert, to approve the cemetery deed for Terry Smith (by Tom Christensen) for a site in Section 4, Block 2, Plot 8, Site 1. Carried.

Vouchers:
Payroll: #000025 Assoc. Bank $2,189.51; #27639 J Hammond $1,115.56; #27640 C Hertel $1,023.50; #27641 K Brunell $1,223.87; #27642 J Hahn $895.71; #27643 D Keefe $200.40; #27644 R Vacca $159.98; #27645 M Dierbeck $585.12; #27646 J Huffmaster $65.80; #27647 S Huffmaster $142.57; #27648 G Lawrence $650.97; #27670 WI-DOR $1,145.48
Town: #27656 J Hammond $763.27; #27659 San. Dist. $87.20; #27660 Mid-State Truck $69,070.50; #27664 Price Electric $59.99; #27666 R Donner $2,084.50; #27668 Warehouse $36.24; #27671 Xcel Energy $1,815.90
Office: #27659 San. Dist. $50.71; #27661 Office Enterprises $126.77; #27662 Operating Engineers $148.36; #27669 WE Energies $8.70; #27671 Xcel Energy $182.53
Garage: #27649 American Welding $88.00; #27650 Aramark $60.29; #27651 Burke Truck $28.30; #27659 San. Dist. $39.81; #27663 Pitlik & Wick $800.10; #27665 Ritchie Oil $1,531.68; #27671 Xcel Energy $173.06
Fire Dept: #27653 Donners Bay $93.00; #27657 BP/Amoco $598.29; #27659 San. Dist. $141.25; #27667 SS Sport $56.20; #27669 WE Energies $16.57; #27671 Xcel Energy $142.72
Rescue Barn: #27669 WE Energies $18.47; #27671 Xcel Energy $71.99
Library: #27631 Amazon $279.73; #27632 Audio Editions $125.15; #27633 Baker & Taylor Books $710.37; #27634 Clermont Supply $131.76; #27635 Mercer Library $133.64; #27636 NWLS $45.78; #27637 Penworthy $230.33; #27638 Snows Market $58.63; #27659 San. Dist. $90.06; #27669 WE Energies $16.98; #27671 Xcel Energy $402.09
Park: #27654 Duranso Builders $822.00; #27655 J Huffmaster $75.00; #27659 San. Dist. $247.12; #27671 Xcel Energy $146.14
Other: #27652 CWE Inc $3,930.04; #27658 Mercer Chamber $7,314.05; #27669 WE Energies $13.21

The next regular meeting of the Mercer Town Board of Supervisors will be held on Thursday the 2nd of September 2010 at 6:30 pm in the Haines Civic Building.

Motion made by Lambert, seconded by Stenberg, to adjourn the meeting at 7:40 pm. Carried.


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Town of Mercer, Iron County, Wisconsin
PO Box 149, Mercer, WI 54547
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