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September 3, 2009 Meeting Minutes
Mercer Town Board of Supervisors – September 3rd 2009 – Minutes
Chairman Jim Kichak called the meeting of the Mercer Town Board of Supervisors to order on Thursday the 3rd of September 2009 at 6:30 pm in the Haines Civic Building.
Roll Call: Jim Kichak, Jim Lambert, Jeff Stenberg, Bonnie Banaszak, Toni Sendra, Christan Manners/Brandt, Opal Roberts, and Atty Schellgell.
Motion made by Banaszak, seconded by Sendra, to approve the minutes from the August 20th 2009 town board meeting with the addition of “and possibly other board members” to the Appoint Consultant Committee for Safe Routes to School/Downtown Development grants agenda item. Carried.
Open comment: Lisa Heberling, of the Chamber Board of Directors, answered several points brought up at the last town board meeting about the Room Tax. The Chamber will use the money to promote the entire township for overnight stays for everyone. Oversight would be by the Tourism Commission. Dianne Keefe reported that there is poison ivy by the Mercer Lake boat landing. Deb Hohner asked about the progress on the work on Catherine Lake Rd. Kichak said the road bed will be prepared this fall but the chip sealing will probably not be done until next year. Randy Snow asked if the DOT is planning a turning lane from the Great Northern Motel to Harper Street. Even if the DOT claims there are not enough accidents there to warrant the turning lane, traffic on this stretch of highway is very heavy in the summer months. Banaszak said the town will give this information to the DOT and, hopefully, persuade them this lane is necessary. Bill Brundage asked if the low area at the end of Lakeshore Drive will be remedied before winter. Kichak said that, after the road work is completed, there are several small jobs that need to be done this fall and Lakeshore Drive is one of them.
New Business: a) Discuss Conditional Use/Sanitary System permits issued by Iron County
Rick Clem, the state building inspector for Iron County, stated that people building garages and then turning them into cabins or dwellings without proper permitting is a problem all over the area. More problems are being created by buildings being sold as sheds that are actually cabins. If they use chemical toilets then there is no way to determine the use of the structure. Our dwelling ordinance will need to be amended to address the garage conversion issue and to add a penalty for “after the fact” changes to the shed, accessory building or garage. Stenberg asked why the Iron County Zoning Administrator is issuing sanitary permits for past conditional use permits for accessory buildings.
b) Discuss/take action on how to administer EPA Grant monies
Stephanie Crossland, of the EPA, will make the determination as to how the EPA monies will be administered.
c) Discuss Stormwater Best Management Practices – Mercer Lake Association
Banaszak had a long discussion with John Gozdzialski, Regional Director of the DNR, and was told that there are a lot of options available as to how to treat the stormwater. The town, the DNR, and the DOT should get together and discuss the other options. Jon Simonsen cannot make any changes or recommendations outside of his position. This is a very complicated matter and Gozdzialski will work with the town and the DOT personally. Doug Childey, of the Mercer Lake Association, said the area behind Kohegyi cannot be used as a receptacle for storm water. The swale along Highway 51 is not acceptable. It might be drained into the area on Richardson Street or the site north of the Veterans Memorial. He and Doug Knudtson asked the town if they are going to honor the resolution that they passed in 2007 and the agreement they signed with the Mercer Lake Association regarding best management practices. The Mercer Lake Association should be included in the discussions. Banaszak stated that the lake association needs to work with the town and then the town will bring their recommendations to the meetings with the DNR and DOT. Schellgell said the agreement was to the extent the town has funding. Chidley stated the agreement was to the extent that the town has or will obtain financing. There are additional funds available if the town applies for them. Chidley asked if they could be informed of any meetings between the town and the DNR or DOT. Banaszak replied she will be glad to keep him informed of any meetings. Chidley asked when the next public informational meeting was planned and what is planned for Beachway Drive. Banaszak said possibly October. Lambert stated that the town will do what they can for Mercer Lake. Chidley disagreed with this because the town’s engineers did not seem to have the best interests of Mercer Lake in mind.
d) Discuss Jack English Driveway
Gael English objected to this being called a driveway on the agenda. Jack English gave the board documents to explain is argument. He said the board could not have made the decision to abandon the road without a public hearing. Atty Schellgell explained that the town did not abandon the road at the June 18th board meeting. The board simply concluded that the road had been abandoned in 1993. English argued that his portion is still a town road because it has been maintained by the town for the past 16 years. A lengthy discussion as to road abandonment and maintenance followed. Lambert asked what the town needs to do to resolve this question. Atty Schellgell said the town can re-abandon this section of the old Pierpont Drive or let it go to court and the judge will decide. The board members would like to take a look at the property and set a date for September 16th at 9:00 am to meet with English and Martha Pierpont at the site.
Motion made by Lambert, seconded by Stenberg, to table this matter until the next regular board meeting to give the board the opportunity to view the property in question. Carried.
e) Discuss solid waste disposal contract
Stenberg stated he is not in favor of changing solid waste disposal companies due to his experiences with Veolia.
Motion made by Lambert, seconded by Sendra to stay with Waste Management as our waste disposal provider. Carried.
Old Business: a) Discuss/Adopt Room Tax Ordinance
Motion made by Sendra, seconded by Banaszak, to adopt the Accommodations Tax Ordinance for the Town of Mercer as written. Discussion was opened: The major discussion was about the exemption for current reservations and the stipulation of the need for a written contract of the reservation before the ordinance is adopted. Letters from various resort owners in opposition to the ordinance were in the board packets. Lambert was the board member most vocal against the need for a written contract and the ability of the town to audit the records of a rental business if it has probable cause to believe the correct amount has not been assessed. A lengthy debate followed on these subjects. Stenberg asked what would become of the town budget item for the Chamber after the adoption of this ordinance. Ouimette stated that this would be for the electors to decide at the Budget Hearing this fall. Lambert called for the question: (Roll call vote)
Kichak “yes”; Lambert “no”; Stenberg “yes”; Banaszak “yes”; Sendra “yes”. Motion carried.
Legal: He has talked with the property owner in Mazol’s subdivision about the road and they were to contact Mr Mazol. The property owner has not gotten back to him as of today.
Officer Reports: Clerk’s Report - Roberts presented the receipts list, vouchers and August 31st budget report.
Motion made by Lambert, seconded by Stenberg, to approve the vouchers and issue the checks. Carried.
Communications: The DNR has a Municipal Dam Grant Program. Kichak stated that the state program is the better grant for the rebuilding of dams. Mr Rosa has filed for his Mercer Tourist Rooming House permit and included his Rental Agreement. Letter from Jon & Donna Doud about the progress on the communications between the town and Mr Mazol about the paving of the roads in Moose Creek Acres.
Treasurer’s Report – Manners/Brandt presented the Treasurer’s report. The General Account has a balance of $196,290.15. Total of all funds is $1,435,091.85.
Motion made by Banaszak, seconded by Sendra, to approve the Treasurer’s report. Carried.
Board Reports: Chair/Garage reports: Kichak said part of his road report was covered during Open Comment. The last of the gravel is being hauled to Fisher Lake Road East. From there they will move to Scheels Road. The paving company will be here within the next few weeks. Crack sealing will be done where needed. Mowing is still in progress. The signs for the ATV routes on the county roads are installed. The small projects, such as Lakeshore Drive and Forest Road will be done as soon as possible. The Echo Lake Association plans to purchase another concrete plank to place at the end of the Echo Lake boat landing. They are asking if the road crew can do the prep work needed for this project. Kichak said this will depend on where the crew is working and if we are on schedule with the road work.
Supervisors: Sendra – The library building committees were appointed by the Library Board for the 5-year library expansion project. Several street lights have been reported to Xcel Energy. The last Sanitary District meeting had been cancelled due to the lack of a quorum.
Banaszak - She had contacted Jim Brancel, of the Spider Lake Association, about the Critical Habitat Designation Project for Spider Lake. He asked for any resolutions or ordinances pertaining to water and shoreland usage. She sent him copies of the PWC and Keyholing ordinances. Jeff Nehring and Joyce Olson agreed to serve on the Consultant Committee.
Lambert – asked about the progress on the delinquent Personal Property taxes. The Treasurer said she has sent out a second notice and after that if they are not paid they will be filed with the Small Claims Court. The ambulance needs two GPS devices for locating properties not easily found on our current maps. There are two nurses in the Lake of the Falls area who would like to set up first responders.
Stenberg – Dr Nehring asked him if the board would make it a point to welcome the new business that will be renting his old office. Gene Taylor is building the driveway into the property he purchased in the Business Park. Vic Ouimette asked about the progress of the Evergreen Energy prototype plant. Stenberg said they are working on getting the air out of the system after the last adjustment.
For Consideration and Approval: a) Liquor Licenses/Beer Permits. – Temp Beer permit for the Friends of the Mercer Public Library October Celebration on October 3rd 2009 at the Mercer Community Center.
Motion made by Banaszak, seconded by Stenberg, to approve the Temporary Beer permit for the above event. Carried.
Operator’s Licenses to approve: Matthew Brunell and Patti Meier.
Motion made by Stenberg, seconded by Sendra, to approve the Operator’s Licenses for the applicants listed above. Carried.
Cemetery Deeds: Transfer of sites in Sec. 3 Block 6 Plot 3 Sites 2 & 3 from John Donovan to Inger Olson.
Motion made by Banaszak, seconded by Sendra, to approve the transfer of the cemetery sites from John Donovan to Inger Olson. Carried.
Vouchers:
Payroll: #00026 Assoc. Bank $2,231.63; #00308 WI Retirement System $2,402.34; #26358 O Roberts $1,757.9; #26359 C Brandt $606.53; #26360 J Kichak $231.59; #26361 J Lambert $288.13; #26362 J Stenberg $317.56; #26363 B Banaszak $340.16; #26364 T Sendra $360.16; #26365 A Kussard $484.50; #26366 J Roberts $532.66; #26367 G Lawrence $631.32; #26368 T Schmidt $1,782.43; #00027 Assoc. Bank $2,478.02; #00028 Assoc. Bank $2,223.31; #26369 J Hammond $1,162.95; #26370 C Hertel $1,079.14; #26371 C Schroepfer $1,099.26; #26372 C Schroepfer $131.64; #26373 K Brunell $1,183.06; #26374 J Hahn $1,040.15; #26375 D Keefe $205.57; #26376 R Vacca $113.59; #26377 J Huffmaster $186.81; #26378 S Huffmaster $62.27; #26379 V Minisan $117.00
Town: #26355 Upper Lakes Food $1,714.36; #26356 Waste Management $276.87; #26357 WPS Insurance $4,734.79; #26387 DWD-UI $48.93; #26389 F Schellgell $1,508.50; #26393 Marshfield Clinic $72.03; #26399 P Carlson $2,632.00; #24600 P Kobussen $275.00; #26405 Warehouse $64.31; #26407 Xcel Energy $17.19; #26396 Mercer Chamber $1,250.00
Office: #00715 Assoc. Bank $40.95;
Garage: #26380 Ace Welding $103.84; #26381 Altman Excavating $2,925.00; #26382 Aramark $58.02; #26383 Arrow Terminal $164.66; #26384 AT&T Mobility $43.02; #26385 AW Direct $94.80;; #26386 Control Concepts $30.88; #26388 Fastenal $26.92; #26391 Lange Ent. $296.74; #26392 Lux Transport $2,625.00; #26394 NAPA $575.38; #26397 Mercer Lumber $101.46; #26402 R Vacca $12.38; #26403 Ritchie Oil $2,982.05; #26404 Scaffidi Motors $307.56; #26406 Waste Management $87.90
Fire Dept: #26390 Krist Oil $20.00; #26394 NAPA $189.43; #26401 Pomasl Fire Equip. $887.97; #24606 Waste Management $84.92
Park: #26397 Mercer Lumber $10.53
Cemetery: #26398 Northwoods Lawn $1,000.00
Cap. Outlay: #26354 Lost Lake Cranberry $4,500.00
Debt Service: #00909 Assoc. Bank $6,208.51
The next regular meeting of the Mercer Town Board of Supervisors will be held on Thursday the 17th of September 2009 at 6:30 pm in the Haines Civic Building.
Motion made by Sendra, seconded by Banaszak, to adjourn the board meeting at 8:37 pm. Carried.
Archive:
February 2, 2012 Meeting Minutes
January 19, 2012 Meeting Minutes
January 5, 2012 Meeting Minutes
December 15, 2011 Meeting Minutes
December 1, 2011 Meeting Minutes
November 17, 2011 Meeting Minutes
November 3, 2011 Meeting Minutes
October 20, 2011 Meeting Minutes
October 6, 2011 Meeting Minutes
September 15, 2011 Meeting Minutes