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June 4, 2009 Meeting Minutes

Mercer Town Board of Supervisors – June 4th 2009 – Minutes

Chairman Jim Kichak called the meeting of the Mercer Town Board of Supervisors to order on Thursday the 4th of June 2009 at 6:30 pm in the Haines Civic Building.

Roll Call: Jim Kichak, Jim Lambert, Jeff Stenberg, Bonnie Banaszak, Toni Sendra, Opal Roberts, Christan Manners/Brandt and Atty Schellgell.

Motion made by Banaszak, seconded by Sendra, to approve the minutes from the May 21st Board of Review and regular town board meeting. Carried.

Open comment: Karl Anderson asked the board if they would consider allowing an ATV route from their driveway at 1599W County Road J to join the route on Beaver Lodge Circle. They have talked to DNR Warden, Stu Pfeiffer, and he would have no objection to this proposal.
Martha Pierpont asked if the board had made any decision on Jack English’s driveway. Atty Schellgell said he will search McKenzie’s old town files to see if he can find something definitive about the abandonment of the road. If not, the town may go through the procedure to abandon it officially.
John Sendra quoted WI Stats. 19.59 (1) on the conflict of interest that may be called into question when the Room Tax Ordinance is brought before the board. Atty Schellgell advised Chairman Kichak to take that into consideration when he is appointing the Room Tax Ordinance committee.
Mr Bingham asked if work would be started on Fisher Lake Road East. Is the town chip sealing Catherine Lake Road? Kichak said both are scheduled for this year. Catherine Lake may not be chip sealed but he hopes to get it constructed to that point.
Vic Ouimette stated that there seems to be a conglomeration of way finding signs at road intersections. If the town would contribute and place the posts, the local residents would attach the way finding signs to them.
Mrs Calendine asked about the maintenance of the Fisher Lake Boat Landing. Kichak said that was the responsibility of Iron County Forestry and he will talk to them about it.
Dianne Keefe, on behalf of the Mercer Lake Assn., asked for permission for the Assn. to place a 30" x 30" concrete base to be used for the placement of a trash container at the Mercer Lake boat landing. If the town will order the materials and receptacle, the Assn. will reimburse the town. The Assn. is also asking for a load of gravel to maintain the boat ramp. The board approved the placement of the pad and trash receptacle.

New Business: a) Discuss/Approve Conditional Use permit for a 30x46 building at 6520N Whispering Pines owned by Paul Juske.
There was no objection to the construction of the proposed building on this site.
Motion made by Banaszak, seconded by Sendra, to approve the Conditional Use permit for the construction of a 30x46 accessory building at 6520N Whispering Pines, owned by Paul Juske, on the condition it not be used for human habitation or for a commercial business. Carried.

b) Discuss/Approve the County Tourist Rooming house permit for 3412N Tutt Road owned by Steinle/Radermacher.
Lambert brought it to the board’s attention that this is part of an old resort and a Tourist Rooming House would not be a prohibited use of the property, therefore it did not need a county Conditional Use permit. No action taken on this item.

c) Discuss/Approve County Survey Map for Eick Subdivision owned by Dan Eick.
There was much discussion between the board and Mr Eick about the cul-de-sac on the subdivision map. If the board accepts the CSM with the cul-de-sac, the maintenance of this will eventually fall to the town. More discussion was held on the road from Golf Course Drive to this site. Before the board makes any decisions on this subdivision they requested Atty Schellgell draft an agreement to be presented to the county about what is to be done with the sections of the road not included in the subdivision.

d) Budget Amendment.
The monies budgeted for the account “Building Maintenance and Supplies” are almost expended. The Revenue account “County Timber Sales” has exceeded the amount estimated in the budget.
Motion made by Banaszak, seconded by Sendra, to amend the 2009 Budget by increasing the Revenue Account “County Timber Sales” by $5,000 bringing it to $15,000; and to increase the Expenditure Account “Building Maintenance and Supplies” by $5,000 to $11,817. Carried.

Old Business: a) Discuss/Approve 1.9 miles of Fisher Lake Road East from Fisher Lake Rd to Lori Ann Ln as ATV route.
The board had told Mr Elzer at the last meeting that he would need to obtain a document stating that both Bingham families would not object to this section of Fisher Lake Road East being approved as an ATV route to allow access to the ATV trail. Mr Elzer had obtained the required document and given it to the Clerk. At tonight’s meeting the Bingham’s requested a “No ATV” sign to be placed on the other side of Lori Ann Lane to let users know that the remainder of the road was not a route. Doug Calendine addressed the board and stated he did not want this to be approved even though he lived on the portion of the road not included in the request. Mr Elzer was not present to answer questions from the board.
Motion made by Banaszak, seconded by Sendra, to postpone this item until Mr Elzer could be contacted and asked to attend the next board meeting on June 18th. Carried.

b) Discuss/Approve amendment to the Subdivision Ordinance to address Land Condominiums.
Atty Schellgell suggested we specifically reference it in our subdivision ordinance by adding “or creates a condominium under WI Stats Chapter 703” to paragraph 3(e) and 4.
Motion made by Banaszak, seconded by Stenberg, to amend the Subdivision Ordinance to add “or creates a condominium under WI Stats Chapter 703” to paragraph 3(e) and 4. Carried.

c) Discuss the painting of crosswalks on US Highway 51.
Banaszak informed Kichak that the permission to paint the crosswalks had already been obtained from the DOT. Kichak said he will have the garage order the paint and try to get the job completed before the end of the month.

Legal: Randy Nilsson had given his office some information on pre-structured walls for the library. This was given to Sendra. He stated his opinion on Lambert’s ability to vote on the Room Tax Ordinance. The statutes are only semi-clear that he could vote on the issue as to adoption but could not vote on future enforcement. He has posed this question to the state’s ethics board but had received no reply as of today. Lambert asked if Sendra would be able to vote since her husband is part of the group that is spearheading the passage of the room tax. Schellgell said Sendra could vote since this would not give her or her family significant benefit.
Banaszak asked if it would be okay to send a letter to A-1 telling them it would have been appropriate to contact the town about the laterals they were installing for Malone. Schellgell said “yes”.

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

Communications: Copy of bill from the liability insurance company on the 2009-2010 charges to the town. There are a number of county building permits taken out by people who have not obtained a town permit. Lambert stated that there is a penalty already in the ordinance establishing a penalty. Gary Werra would like to extend his 14-month camper permit for another six months. The Clerk will send a letter to Mr Werra to that effect. The Clerk forgot to place the item “Propane Bids” on tonight’s agenda so this will be delayed until the meeting on the 18th. John Hanson, Chairman of Manitowish Waters, called the Clerk’s office and said they are setting up a Regional Hiking/Biking Trail committee and would like two people from each community to be involved. One should be a town board member and the other a member of the local Hike/Bike committee. This will be placed on the next meeting agenda. A “Thank You” letter from the Mercer Community Baseball for the contribution from the town. Roger Jasinski, of the WI DNR, was in the office and left a letter stating that there may be a possibility of trading some State owned land adjacent to Highway 51 for land the town owns within the Flowage area. The State land is just north of Maple Ridge Road across from the Business Park. There is also the possibility that road aids may become available in the next budget for bridges at Trude Lake and Popko Circle.

Treasurer’s Report – Manners presented the Treasurer’s report. The General Account has a balance of $45,816.03. Total of all funds is $1,183,714.08. She reported that the FEMA grant monies are now in the General account.
Motion made by Lambert, seconded by Stenberg, to approve the Treasurer’s report. Carried.

Board Reports: Chair/Garage reports: Joe Hammond has been on sick leave but is back to work as of yesterday. He was contacted by the DOT and wanted to know what is happening with the bridge on Manitowish River access Road. Kichak told him that we are still planning on reconstructing that bridge and also plan to add a hike/bike path to the bridge. The DOT will look into this. The crew is working on Beaver Lodge Circle and then will go on to Fisher Lake Road East. Culverts and road work have been done on the Railroad Grade and Cedar Lake Circle. Swamp Creek and Moose Lake Roads have been graded in preparation for the annual Road Patrol by the board. Culverts have also been replaced on Little Pike Lake Road and Lake Tahoe Road. Ads for paving will need to be placed in the paper soon. Vic Ouimette asked if the ridges in the stretch of road by Shay’s Dam was caused by “corduroy”. Kichak said that was caused either by grading the road too fast or running the paver too fast. This problem also occurred on Beaver Lodge Circle and the same company paved both roads. Schellgell said this would be reason not to accept bids from that company for any future paving. Meverden is crushing gravel at the pit. Will see if they can crush some 2” to use for retaining walls for the culverts. The Hadley attendant is doing a good job. The diesel fuel tanks are to be covered and after talking to several contractors he still hasn’t decided how to do this.

Supervisors: Sendra – none.

Banaszak – She did not sign the TE agreement because she wanted to talk to Stoffel about it. He replied that the only thing it doesn’t address is that the DOT is going to be paying for the town’s portion of the agreement with state dollars since this covers costs they would normally pay in lighting and concrete. This could be in a separate agreement as long as the town is aware of this. The emails from EPA the EPA from Barbara Cash should not have been sent to the town. This will be taken care of by the DOT. FEMA says there is stimulus money available for renovating Fire Halls. She had a problem with the last sentence in the union contract. New wages will not be discussed for everyone, just the Road Foreman when one is appointed. The Clerk will send a letter to the union representative concerning this sentence. There is a new flagpole and base at the cemetery by the platform. Did anyone ask permission to install this? When are we going to be addressing the room tax committee? The Flowage Club will meet next Tuesday and will submit their recommendations. He will appoint the members after he gets names from the Chamber and the Flowage Club.

Lambert – the refrigerator complaint had been taken care of before the Health Department could get to the site. The Health Department is also working on the wood burner complaint on the Flowage. He had received a report of damage to the newly paved section of Wilson Lake Road. There is a large gouge in the pavement. Kichak will drive out there to take a look.

Stenberg - the alarm went off in the library and needs to be reprogrammed by ADT. ADT doesn’t seem to be following the list of names to contact when the alarm does go off. Power poles on County Road J, especially by Portage avenue, need reflectors. Kichak said he talked to the highway department about it and told them they either need reflectors or the poles need to be moved further off the road. The property to the Business Park STILL needs to be cleaned up. Lambert said we have never gotten an appraisal of the property and the owner is still interested in selling. Someone is interested in some wood on Beaver Lodge Road. Kichak said they have to go to the county for that. Have we done anything for the locate of the salt shed. Lupino and Cover-All will be here tomorrow. What can we do with the re-bar we have already purchased from Lupino? Maybe we should put it up for sale.

For Consideration and Approval: a) Temporary Beer Permit. – for the Mercer Chamber Lupine June Fest on June 13th at Carow Park; and for the Mercer Lions Spaghetti Fest on June 28th at the Mercer Senior Center.
Motion made by Stenberg, seconded by Lambert, to approve the Temporary Beer permits for the organizations listed above. Carried.

Operator’s Licenses to approve: Pam Anonich, Teresa Arnold, Carolyn Babic, Julie Begalle, Lynn Hurley, Nancy Malouf, Linda Miller, Linda Olson, Kathleen Teague, Jeff VanDerLaarschot, Janet Warner, Patricia Wonderling, Trent Zarimba, Theresa Palmquist, Genesis Hemmingsen, Jesse Knipp, Christina Miheve, Eugene Zimmerman, and Linda Anderson.
Motion made by Banaszak, seconded by Sendra, to approve the Operator’s Licenses for the applicants listed above. Carried.

Payroll: # 00305 WI Retirement System $3,246.28; #25990 J Hammond $1,094.73; #25991 C Hertel $997.83; #25992 C Schroepfer $1,099.26; #25993 C Schroepfer $131.64; #25994 K Brunell $1,075.64; #25995 J Hahn $970.85; #25996 D Keefe $236.16; #25997 R Vacca $257.88; #25998 J Huffmaster $62.27; #25999 S Huffmaster $92.33; #26000 V Minisan $421.94; #26001 G Lawrence $631.32; #00017 Assoc. Bank $2,350.86; #26002 O Roberts $1,757.90; #26003 C Manners/Brandt $606.53; #26004 J Kichak $231.59; #26005 J Lambert $360.16; #26006 J Stenberg $317.56; #26007 B Banaszak $340.16; #26008 T Sendra $260.16; #26009 A Kussard $495.03; #26010 J Roberts $534.42; #26011 T Schmidt $1,782.43; #26012 S Altman $230.87; #00018 Assoc. Bank $2,318.72
Town: #25987 Operating Engineers $178.68; #25988 Registration Fee Trust $74.50; #25989 WPS Insurance $4,734.79; #26016 T Attoe $15.00; #26018 C Hertel $536.00; #26023 DWD-UI $16.31; #26025 F Schellgell $721.50; #26026 Iron Co Miner $19.52; #26030 Mercer Chamber $1,250.00; #26033 P Carlson $2,500.00; #26040 Xcel Energy $18.88
Office: #26019 CenturyTel $310.21; #26020 Clermont Supply $31.77; #26026 Iron Co Miner $200.00; #26034 Quicksilver Broadcasting $35.00
Garage: #26013 Ace Welding $243.75; #26014 AmeriPride $75.70; #26015 AT&T Mobility $42.70; #56017 Bobcat Plus $317.71; #26019 CenturyTel $116.11; #26024 Fastenal $31.19; #26027 J Hammond $54.90; #26029 Lawson Products $147.11; #26036 Ritchie Oil $1,533.17; #26037 Schaeffer MFG $381.60; #26038 Warehouse $17.49; #26039 Waste Management $81.44
Fire Dept: #26019 CenturyTel $57.49; #26022 Donner’s Bay $156.75; #26038 Warehouse $20.87; #26039 Waste Management $77.91
Cemetery: #26061 D Hecker $150.00; #26038 Warehouse $37.00
Park: #26028 Lakes Distributing $353.23; #26031 Mercer Lumber $44.89; #26032 Northern Lakes $595.00; #26035 R Bugni $500.00
Veterans Memorial: #26038 Warehouse $166.13
Debt Service: #00609 Assoc. Bank $6,208.51

The next regular meeting of the Mercer Town Board of Supervisors will be held on Thursday the 18th of June 2009 at 6:30 pm in the Haines Civic Building.

Motion made by Lambert, seconded by Stenberg, to adjourn the board meeting at 8:28 pm. Carried.


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Town of Mercer, Iron County, Wisconsin
PO Box 149, Mercer, WI 54547
Telephone: 715-476-2403
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