05/09/18 – Board of Supervisors Meeting Minutes

TOWN OF SPIDER LAKE, SAWYER CO., WI
BOARD OF SUPERVISORS MONTHLY MEETING
MAY 9, 2018

The Town of Spider Lake Board of Supervisors monthly meeting was called to order by Town Chair Hucker immediately following the BOR meeting at 7:05 PM. Present were Hucker, Brandt, McGuiness, Cerman, Huot and Treasurer Overman. Clerk Ferda was absent.

Motion was made by Brandt and 2nd by Cerman to amend the agenda by moving Action on Recommendation of Plan Commission to grant a Conditional Use Permit under #14 to follow #6 Vouchers. All in favor. Motion carried.

The Pledge of Allegiance was recited.

Motion was made by Huot and 2nd by McGuiness to approve the Town Board minutes of 4-11-18, the Road Committee minutes of 4-24-18, the Plan & Review Commission Public Hearing minutes 4-4-18 as amended and the Plan & Review Commission minutes of 4-4-18. Huot stated that he wanted to clarify a statement from last month’s meeting. He did not mean to say that 75% of crimes are committed by tribal members but that the majority of crimes comes from the LCO area. All in favor. Motion carried.

Overman presented the Treasurer’s report. April 2018 receipts were $60,503.53 and expenditures were $33,215.71 leaving a balance of $782,005.38.

The vouchers were presented for payment. Motion to approve checks numbered #022862 through #022899 (including EFT checks) in the amount of $35,684.46 was made by Huot and 2nd by Brandt. All in favor. Motion carried.

Action on Recommendation of Plan Commission to grant a Conditional Use Permit (subject to conditions) to repair the existing boat launch ramp so it is available to boaters while the Landing Camp boat access is under reconstruction by the WDNR – Owner Totem Pole Lodge Condominium Association – Ralph Hlavin. Hucker reported that Boss received from the landowner and the contractor the additional information he needed related to the site plan. The Commission made the decision to grant the CUP subject to conditions:
1. Setting an expiration date of 10 years to revisit or renew the CUP.
2. That the conditions of this CUP are binding upon any heirs, successors or assignees. In the event of the
sale of transfer of the property, the landowner or successors will disclose the existence of the CUP to
any prospective buyers.
3. The CUP itself will be recorded with the Sawyer County Register of Deeds and a copy of the recorded
CUP shall be provided to the Spider Lake Zoning Administrator.
4. A mitigation plan developed with the assistance of Sawyer County will be provided to the Zoning
Administrator and approved by him.
5. Development will be in accordance with the site plan provided to the Zoning Administrator.
6. No parking will be allowed within 35 feet of the shoreline.
7. If any of the conditions of this permit are violated, the CUP may be revoked by the Town Board
(resulting in the removal of the boat launch ramp at the owner’s expense) and the landowner is
subject to the fines, forfeitures and penalties as allowed by law.
Hucker also reported that Sawyer County has accepted the mitigation plan. Michael Kelsey, an attorney representing neighbors, Dan & Sandy Szymanski, advised that his clients are still objecting to the plan and have not withdrawn their objections. He also advised that the original CUP stated “to repair the existing boat launch ramp so that it is usable for boaters while the public boat launch is under repair”. Kelsey stated that the May 2nd PRC agenda also had the same wording and the May 9th Town Board meeting also used similar wording. He stated that this wording makes it seem that this will be a short and temporary period of time. His clients do not object to Hlavin’s boat launch while the public launch is being repaired; however, they do object to the 10 year period of time. Hucker advised that Boss reported at the May PRC meeting that he received an email from the Szymanski’s on April 27th stating that they no longer objected to the CUP. Kelsey stated that he spoke with Boss (he could not recall the date) and told him that his clients were still objecting and he wants that to be part of the record along with Szymanski’s letter. Hucker stated that to follow Szymanski’s suggestion that the ramp be pulled out in six weeks would require them to undo all the work that has been done to repair it. Hlavin’s boat ramp will be a public access while the Landing Camp access is under reconstruction. Once Landing Camp is reopened, Hlavin’s boat ramp will become private and he can charge for use of his boat ramp. It will be tight for anyone to put in a boat in excess of 18 feet. Motion was made by Brandt and 2nd by Huot to approve the CUP subject to the conditions. All in favor. Motion carried.

Motion was made by McGuiness and 2nd by Cerman to reappoint Case Mazik (5-12-18/5-12-21) and Prudence Ross (5-21-18/5-21-21) to the Plan & Review Commission for a three year term and to reappoint David Thearin as an alternate to the Plan & Review Commission for a three year term (5-12-18 to 5-12-21). All in favor. Motion carried.

Motion was made by Huot and 2nd by Cerman to reappoint Richard Thearin as an alternate to the Board of Review for a three year term (5-12-18 to 5-12-21). All in favor. Motion carried.

Motion was made by Brandt and 2nd McGuiness to reappoint Judy Cliffton, Jan Beatty and Jim Nickel to the Board of Appeals for three year terms (5-12-18 to 5-12-21). All in favor. Motion carried.

A motion was made by Huot and 2nd by Cerman to grant permission to use town roads for the Chequamegon 100 mountain bike race on June 16, 2018 subject to receiving a certificate of liability
insurance. All in favor. Motion carried.

Motion was made by Brandt and 2nd by Huot to approve the town’s annual website maintenance contract in the amount of $580.00. All in favor. Motion carried.

Hucker reported that Dave Thearin advised that the Resort Associations met to discuss room tax and after due consideration, the recommendation was to do nothing at this time. Discussion was held whether or not to revisit this matter next year.

Regarding the motion to rescind and replace the short-term rental ordinance (tabled from April town board meeting), Hucker stated that at April’s meeting, if anyone had any suggested changes to the proposed replacement ordinance to direct them to Cerman. Cerman stated that the board has to do what’s best for the community as a whole. The short-term rental law was tagged onto a budget bill with little or no discussion of the ramifications of this law. Kit Morse summarized the adhoc committee meeting stating that the current ordinance passed in January is too restrictive and put undue burdens on property owners. The committee reviewed the current ordinance and made changes to items that were too restrictive. She suggested that the current ordinance be rescinded and to table the new ordinance until next year to give the county time to set up its process as agent for the state. Cerman stated he discussed this matter with the WTA, Senator Bewley and the county. A long and sometimes contentious discussion ensued. The main topics for discussion were why does the board feel a need for an ordinance to regulate short-term rentals, rescinding the current ordinance (2018-01), and allowing the county to handle this issue for Spider Lake, there is no evidence that renters cause any problems and if they do there are other remedies other than an ordinance, how the town would enforce the ordinance and the cost. Motion was made by Brandt to rescind the prior Ordinance 2018-01 and replace it with Ordinance 2018-02 with a fee of $25.00 including renewals. Hucker stated it will cost more than that to operate and he thinks the fee should be $50.00. Brandt changed his motion to read rescind the prior ordinance and replace it with Ordinance 2018-02. Seconded by Cerman. Huot stated that he is not in favor of any short-term rental ordinance and that the state and county should handle the matter. Discussion was held regarding when Ord. 2018-02 should go into effect and when property owners would have to apply, whether this year or next year. Brandt agreed to amend his motion to read rescind Ordinance 2018-01 and replace it with Ordinance 2018-02 as amended by changing the date in Section IV B) 3 from August 1st to October 1st. A roll call vote was taken. Motion carried. Brandt, Cerman, McGuiness and Hucker votes yes. Huot voted no.

Plan & Review Commission Report
Zoning Administrator Report – A couple of new permits have been issued.

Hucker reminded everyone that the Commission is accepting comments on the town’s comprehensive plan. Please forward comments to Hucker. He stated that he didn’t want to hear that nobody knows about this as he has heard on other things because it has been mentioned at numerous meetings. He has received little public input.

Committee Reports
Roads – McGuiness summarized the road committee meetings of 4-24-18 and 5-7-18. At the April meeting road projects were discussed for the coming year. The projects are replacing the culverts on FR 205 (Upper A), the Town Hall Rd. improvements and possible crack filling. At the May meeting, the engineers (NBWE) gave an update on the Town Hall Rd. project. The road committee is recommending to the board to authorize the NBWE to draw up the specs for the project and to outline the bidding process. Huot raised a concern about whether or not the improvements to Town Hall Rd. will work and if this large amount of funds is allocated to this project, what about maintenance for the rest of the roads. Hucker advised that the engineers stated that there would be some risk of potential settlement of up to two inches. Hucker also advised that hopefully there would be enough funds to crack fill the last six miles that were paved. Discussion was held. Motion was made by Huot and 2nd by Brandt to authorize reconstruction of approximately 800 feet of Town Hall Rd. All in favor. Motion carried.

McGuiness reported that the town has received an offer to purchase (at the same price paid in 2016) approximately 7,000 tons of gravel at an estimated cost of $43,400.00. Bids would have to be advertised and the budget reviewed to see if the funds are available. Motion was made by Brandt and 2nd by Huot to authorize notice to bidders for 7,000 tons of gravel. All in favor. Motion carried.

McGuiness reported that all equipment is working properly. Cerman asked whether or not using the mower to cut branches from trees that are hanging over the road was opening up the trees to disease and hard on the mower. Nelson replied that it is hard on the mower; however, the mower is designed to cut branches and there should be no problem with the trees as the branches were cut in the winter.

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

Matchett and possibly McGuiness will be attending a meeting on May 28th regarding Build Grants.

Hucker reported that he received a call from Don Slattery. The engineers have concluded that they don’t want to put the broken dry hydrant back in at the Landing Camp boat access. They will remove it and there is no obligation to continue to maintain the hydrant from the grant perspective.

Health & Safety – Fire Department Report – Fire Chief Nelson reported that all is well with equipment and personnel. The fire danger is back to low. The fire dept. picnic will be held on July 8th and planning is currently underway.

Regarding communications, Hucker reported that they are waiting for an evaluation from DSC. There is concern as to where the tower will be located and where the repeater would be placed on the tower.

The spring brush collection will be held from May 24th through June 16th from 10 AM to 4 PM. Discussion was held regarding who will be chipping the brush.

Solid Waste – Brandt & Hucker met with Dale Mrotek (D&D Excavating) regarding the expansion of the solid waste site. An estimate was received from Mrotek in the amount of $5,000.00. Hucker reported that it would not require a permit from the DNR or a permit from the town.

Insurance & Finance – Huot reported that the 2017 worker’s compensation audit resulted in an additional $1,205.00 premium.

Clerk’s Report
The Board of Review is scheduled for June 14th from 3:00 PM to 5:00PM. Open Book is scheduled for
June 7th from 3:00 PM to 5:00 PM.

Questions from Audience and Other Matters for Discussion Purposes Only
Donna Nickel thanked the town officials and employees for the job that they do.

A question was raised about the slope at the solid waste site after the expansion is completed. Hucker stated that the slope would be the same, just pushed back to allow more room.

Adjourn to Executive Session in accordance with Wisconsin Statute section 19.85 – Pursuant to Wisconsin Statute 19.85(1) (g) 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 a claim by Jump River Electric relating to alleged damage by the town to equipment and 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 re Notice of Claim received from Wheeler, Van Sickle & Anderson, S.C., at 9:37 PM, a motion was made by McGuiness and 2nd by Brandt for the Town of Spider Lake Board of Supervisors to move in and out of executive session to discuss the above stated matters and that the Board will reconvene in open session as the notice states to act on any items from the executive session if necessary and to proceed with other items of the agenda. All in favor. Motion carried. The Town Board and Treasurer met in executive session. Cerman did not sit in on the first matter as he is a Director for Jump River Electric. At 10:08 PM, a motion was made by Huot and 2nd by McGuiness to reconvene in open session to act on any items from the executive session if necessary and to proceed with other items on the agenda. Hucker reported that an invoice in the approximate amount of $4,500.00 was received for damage done by the town to an electrical box on Balsam Road. An issue as to why Jump River flags some of its boxes but not all of its boxes will be raised with Jump River because if the damaged box had been flagged with a red pole, it may not have been hit. Motion was made by McGuiness and 2nd by Huot to authorize Hucker to proceed and authorize Glatfelter Insurance to settle the claim. Motion carried. 4 yes and no nay votes. Cerman recused himself.

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

Christine Ferda
Town Clerk

Click the link below to download the minutes as a PDF
05-09-18_tbm.pdf