04/11/18 – Board of Supervisors Meeting Minutes

APRIL 11, 2018

The Town of Spider Lake Board of Supervisors monthly meeting was called to order by Town Chair Hucker at 7:00 PM. Present were Hucker, Brandt, McGuiness, Cerman, Huot and Treasurer Overman. Fire Chief Nelson and Clerk Ferda were absent.

Motion was made by McGuiness and 2nd by Huot to approve the agenda. All in favor. Motion carried.

The Pledge of Allegiance was recited.

The Town Board minutes of 3-14-18 need to be amended to include that Brandt requested a motion to rescind and replace the STR ordinance be placed on the April agenda. Motion was made by Brandt and 2nd by Huot to approve the Town Board minutes of 3-14-18 as amended. All in favor. Motion carried. Motion was made by Cerman and 2nd by Brandt to approve the Plan & Review Commission minutes 3-7-18. All in favor. Motion carried.

Fire Chief Nelson arrived.

Overman presented the Treasurer’s report. March 2018 receipts were $23,482.81 and expenditures were $41,709.21 leaving a balance of $754,717.56. Hucker noted that a check in the amount of $15,182.00 was received from FEMA (through Wisconsin Emergency Management) for the 2016 storm damage.

The vouchers were presented for payment. Motion to approve checks numbered #022806 through #022861 (including EFT checks) in the amount of $33,383.29 was made by McGuiness and 2nd by Huot. All in favor. Motion carried.

Hucker presented the first quarter budget report. He reported that some revenue items are a little behind where they should normally be in March. Grant monies received were marginally higher. Expenses for the Operations & Equipment Repairs line item for roads is higher due to repairs to the trucks. There is every indication that the fuel budgets for both fire and roads will be used based on prices. Salt/sand expenses were also higher than expected. Hucker suggested that a road committee meeting be scheduled in the next couple of weeks to discuss summer projects. The town is still waiting on what the engineering costs for the Town Hall Road project will be. Cerman asked if the check from WEM will actually cover the cost of repairs. Hucker advised that it covered the cost of the repairs on Pederson and Rock Lake Roads and will defer some of the cost on the replacement of the culverts on Upper A. The Forest Service should also cover some of the culverts expenses.

Motion was made by Huot and 2nd by McGuiness to authorize the clerk to issue a “Class B” Liquor License to Ghost Lake Lodge, LLC, Agent Rachel Hursh, (owner’s Andrew & Rachel Hursh) subject to all requirements being met. All in favor. Motion carried.

Motion was made by Brandt and 2nd by Huot to authorize the clerk to issue operator’s licenses to Andrew and Rachel Hursh. All in favor. Motion carried.

Motion was made by Huot and 2nd by Cerman to grant permission to use town roads for the 23rd Annual Seeley Lions Pre-Fat Mountain Bike Race on August 18, 2018. All in favor. Motion carried.

Hucker noted that both Brandt and Huot were elected to a new two year term. The Republican candidate for Justice of the WI Supreme Court won in Spider Lake and the County. Bill Voight was elected for the office of County Supervisor and is Spider Lake’s County representative. All three candidates for Hayward School Board were elected. There were 105 voters. In the absence of the clerk, Hucker administered the Oath of Office to Brandt & Huot.

Resolution 2018-01 was introduced which would designate Supervisor George Brandt as a person authorized to sign checks on behalf of the town during his term of office beginning April 17, 2018 and ending on April 20, 2020. A roll call vote was taken to approve Resolution 2018-01. 5 aye votes and no nay votes.

Hucker reported that the State has passed new requirements regarding Board of Review. The BOR is required to meet annually during a 45 day period starting the fourth Monday in April and no sooner than seven days after the last day the assessment roll is open for examination (Open Book). This means there must be a seven day gap between Open Book and the date of the BOR meeting. In the past, Open Book and BOR were held on the same day to address any appeals. Claude Riglemon, the town’s assessor, is hoping to schedule BOR meetings for his Sawyer County municipalities during the week of June 11th. Open Book will be scheduled during the week of June 4th. The first meeting of the BOR will be convened and adjourned on May 9th before the Town Board meeting to meet state requirements. Hopefully, at that time, the exact dates for Open Book and BOR will be known.

Hucker is recommending that the current committee appointments remain the same. McGuiness will chair the Road Committee with members Hucker and Brandt. Brandt will chair the Solid Waste Committee with members Hucker and Huot. Huot will chair the Insurance & Finance Committee with members Hucker and Cerman. Cerman will chair the Health & Safety Committee with members Hucker and McGuiness. Motion to approve these appointments was made by Huot and 2nd by McGuiness. All in favor. Motion carried.

A motion was made by Huot and 2nd by Cerman to reappoint Brandt to a two year term (beginning 4-17-18 & ending 4-20-20) to the Plan & Review Commission.

Cerman reported on the Ad Hoc Committee meeting held on March 23rd regarding changes to the short-term rental ordinance. Ground rules were set and any changes to the existing ordinance had to be by total consensus, not majority vote. The template used for the new draft ordinance is a sample from the Wisconsin Towns Association. Every line of the sample ordinance was reviewed. A spokesperson for the group that is against the current STR ordinance was unable to attend tonight’s board meeting. Brandt suggested taking a month to review the draft and to table his motion to rescind and replace the existing STR ordinance until the May meeting. Hucker clarified that the new draft does not require 180 consecutive days, just states 180 days per year. He stated that this would allow for a STR every weekend of the year with approximately 30 some odd days leftover. He questioned the fact that it would take three convictions of illegal activity before the town could revoke the license, stating that this was too lenient. Also he questioned that if a state license is revoked, shouldn’t there be an automatic revocation of the town license. Both Brandt & Cerman agreed that that provision should be in the ordinance. Cerman stated that when putting this abbreviated ordinance together, they tried to make sure there wasn’t anything redundant with the state.

Motion was made by Brandt and 2nd by McGuiness to table the motion to rescind and replace the STR ordinance until the May meeting so everyone has time to review the new draft. Hucker asked where any comments should be directed. It was decided to send comments to Cerman. Huot suggested tabling until June. All in favor. Motion as made carried. 5 yes and no nay votes.

Plan & Review Commission Report
Hucker reported that a Public Hearing was held regarding a conditional use permit application (Ralph Hlavin) to repair an existing boat launch ramp at what was previously the Totem Pole Lodge so it is available to boaters while the Landing Camp boat access is under reconstruction. This would be a permanent improvement. This matter was tabled to the May meeting because commission members received the preliminary plan ten minutes before the meeting and had no time for review.

Zoning Administrator Report – A new permit application has been received.

The Commission is accepting comments on the town’s comprehensive plan. Please forward comments to Hucker so that the commission can review them. He has asked both lake associations for comments.  A public hearing will be held sometime this summer and a vote on an updated comprehensive plan will hopefully be in September.

Committee Reports
Roads – McGuiness reported interviewing Robert Hamblin for the part-time position on the road crew that was authorized by the Board in September of 2017. The position guarantees a minimum of 800 hours and there are no benefits. Rate of pay is $17.00 per hour and after a successful six month probationary period, the rate will increase to $19.50. Discussion was held. Motion was made by Huot and 2nd by Brandt to offer Hamblin a written offer of employment. All in favor. Motion carried.

Nelson reported that the pump in the pressure washer had to be replaced. A sensor light (check engine light) in the pick-up is related to the ignition system. Truck 4 has a fuel pump issue.

There is no update on the Town Hall Road project.

Regarding the USFS repairs to culverts on FR 205 (Upper A), McGuiness reported that there is no new update.

Hucker noted receiving a letter from the USFS granting permission to RM Bay Logging to haul during the road bans. The town approved this matter last month.

Health & Safety – Fire Department Report – Fire Chief Nelson reported that yearly burning permits are required. Spider Lake and Round Lake purchased an inflatable boat for water and/or ice rescues. The boat can also be used in very shallow water. It will be stored in Round Lake.

Regarding communications, Hucker reported that Spider Lake and Round Lake will share in the cost of a computerized study of the potential effectiveness of where the tower is located and where the repeater would be placed on the tower so there is a realistic sense of what kind of improvements will be realized with regards to the road crews and fire departments being able to communicate within each town and with each other.

Hucker reported that the DNR has advised that applications must be very specific for any 2019 fuel reduction grants. Nelson and Matchett will review which areas of the town need to be addressed. Hucker is also hoping to obtain a chipping grant.

Cerman will check with Rasmussen & Sons regarding the annual inspection of the furnace.

Solid Waste – Brandt reported that he is having a problem receiving the correct 2017 recycling tonnage figure from Republic Services. Discussion was held regarding the expansion of the solid waste site. Brandt will obtain an estimate from D & D Excavating.

Insurance & Finance – Huot had nothing to report; however he did attend the Law Enforcement Round Table in March and learned that 18%-20% of folks in the tribe are responsible for 77% of offenders in the area. That is due to the Mexican drug cartels that are operating up here which puts a huge burden on law enforcement and a huge cost to the taxpayers.

Clerk’s Report
The Chequamegon Lions are requesting permission to use the solid waste site on June 9th to pass out information on Diabetes Awareness. Permission granted.
The annual meeting will be held on April 17th at 6:00 PM.

Questions from Audience and Other Matters for Discussion Purposes Only
Patrick Delaney read a statement in support of the existing STR ordinance which is attached to the minutes.

Dr. Johnson stated he is a permanent resident on Spider Lake and feels that Delaney greatly understated the number of people who may be interested in renting their property and has misrepresented their case. It is a free country and everyone should have the right to rent their property if they choose to do so. He hates to see bureaucracy of a few control the whole area.

Mike Wheeler stated that the atmosphere of this meeting is 100% different than the meeting in January. The board acted in an extremely swift way and there was no opportunity for discussion. It was done through one person in a very intimidating and unethical fashion. He wanted to know if this is the norm. Does the board act one way if there are only twenty people present instead of eighty or fifty people present. If there are only twenty people present, does the board think they can just walk all over them.

Bobbi Huot asked the board if they realize how many businesses (Canine Cottage, Lost Land Lake Lodge, Timber Bay Resort) a short-term rental ordinance would hurt. They will all be hurting financially. That doesn’t seem to matter to a small number of people in the community. But the majority feels something needs to be worked out so everyone can get along in the community. She asked the board to please take these businesses into consideration.

Wendy Wood stated that she and her husband purchased a home in a residential area, not next to any kind of commercial entity on purpose. We didn’t purchase a commercial entity, nor do we plan on creating a commercial entity. I think the compromise that this group came up with to be consistent with state law that was shoved on them last fall is an amazing compromise and if anybody who says I don’t have a right to enjoy my property that I bought on purpose in a residential neighborhood is wrong. You can call it divisive in the community. There has been a lot of bad behavior about this issue and I don’t want this room to dismiss without realizing that people have a right to enjoy their own property and not sit next to a commercial entity in a residential neighborhood.

Parker Chandler is concerned about the DNR closing the Landing Camp boat ramp for repairs. This will impact Totem Lodge. He needs access to the lake and is concerned there will not be any access. Hucker advised that the DNR gave the town notice about a year ago that the Landing Camp access will be closed four to six weeks and possibly up to eight weeks. That is why the DNR is supportive of having Totem Pole Lodge be allowed to have public access for a period of time. It is a privately owned launch site. There would be free access when the Landing Camp access is closed and Totem Pole Lodge can charge a nominal fee after the state access is reopened. Hucker believes that if Totem Pole Lodge submits the materials that have been requested at the May PRC meeting, there should be adequate time to upgrade its boat launch before the state boat launch is closed for repairs.

Janet Brandt thanked Cerman, Brandt and all the committee members for the work they did on the revised STR rental ordinance and she thinks it is fabulous.

Motion was made by McGuiness and 2nd by Huot to adjourn. All in favor. Motion carried.

Christine Ferda
Town Clerk

Click the link below to download the minutes as a PDF

Click the link below to download a PDF statement regarding Ordinance 2018-1.