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January 13, 2016 Meeting Minutes

TOWN OF WINTER

MEETING MINUTES                                                       
                             JANUARY 13, 2016

The regular business meeting of the Town of Winter Board of
Supervisors was called to order at 7:00 P.M. by Chairman David
Kinsley.  Present were board members Ronald Barnaby and Terry
Patenaude, clerk treasurer Lori Van Winkle and 15 audience members. 
The Pledge of Allegiance was recited.

Motion by Terry Patenaude, second by Ronald Barnaby to approve the
agenda as presented, motion carried.

Chairman Kinsley stated if anyone had questions to please raise their
hands to be recognized.

Motion by Ronald Barnaby, second by Terry Patenaude to approve the
meeting minutes from December 9, 2015 as presented, motion carried.

License / Zoning:  A liquor license application has been received from
Wilderness Products/Linda Dezotell for the Cabin on Connors Lake.  All
requirements have been met, fees have been paid and there were no
objections received.  Motion by Ronald Barnaby, second by Terry
Patenaude to approve the liquor license, motion carried.

Highway / Road Report: Chairman Kinsley stated some areas are not
quite frozen yet but snow plowing was done last Friday and driveways
were finished up Monday and Tuesday.  Terry Patenaude stated he
noticed Bear Lane had not been plowed, Chairman Kinsley stated he also
noticed that and will talk to Dave Martin about it.

Unfinished Business: Dan Shauder, representing the Loretta Trail
Blazers spoke; he advised the board of a list he prepared showing the
property owners in favor of opening Johnson Road as an ATV route and a
couple letters from property owners.  Dan stated it was talked about
at the last meeting that we do this democratically and we get out
there and talk with the property owners, he stated they were in touch
with as many as they could and 36 property owners are in favor of
opening Johnson Road as an ATV Route.  Terry Patenaude stated then 36
of the 56 are in favor, using Dale Lehmannís numbers of property
owners on Johnson Road, which Dale  Lehman verified there are 56
property owners on the road a length of 1.8 miles.  Dan stated as we
discussed at the last meeting the Trail Blazers would like to open
these routes up and the club would be responsible for all the signing.
 It was discussed and agreed that the speed limit be 10 mph near
residences which Chairman Kinsley stated would be almost the entire
length of the road. Supervisor Patenaude added it will pretty much be
the property owners using it and hopefully they will be respectful of
their neighbors.  Dan stated property owners had differing opinions
regarding the signs but the club will definitely sign it as a dead end
road and the appropriate speed limit signs.  There was discussion
regarding liability insurance for ATVs.  Dale Lehmann read a letter he
had prepared, stating Johnson Road has 56 property owners and the
majority of them are seasonal owners and since the majority of the
owners are seasonal he felt the timing of this request in December
didnít allow all the property owners to have a voice in the matter
because they were not aware of the request and/or not able to attend
the Town meeting.  Dale stated as a board member of the CoPaPi  he
felt obligated to inform all property owners on Johnson Road of the
request to open the road as an ATV route so all owners could have a
voice on the matter.  Dale was in contact with 46 owners by email and
10 by postal mail, he added that all the correspondence has been
documented and provided to the Town of Winter Board members.  Dale
stated there are nine permanent residents on Johnson road and five of
the nine DO NOT want any outside ATVs/UTVs on Johnson Road and are
also opposed to signage of Johnson road as a route.  
There were sixteen additional petitioners who do not want any outside
ATVís/UTVs on Johnson Road and are also opposed to signage of Johnson
Road as a route.  Dale stated he has owned his property on Johnson
Road for 27 years and questioned why anyone would not respect his
feelings as well as all the other property owners.  He expressed he
worries about an accident occurring on Johnson Road and County W and
that itís not a case of if, itís a case of when an accident will occur
and added a large law firm would have a field day coming after the
individual owner, the rider, the ATV manufacturer, ATV Clubs, the Town
and County Boards and those who have gone on record supporting ATV use
on hard surfaces.  Dale stated he contacted Price County officials
because they were the ones to originally open all county roads in
Price County and only five individuals determined the vote which was 3
to 2.  He spoke with Price County Sheriff Brian Schmidt, Price County
Highway Commissioner Don Grande and Price County Chairman Bob Kopisch.
 He also spoke with attorney Steve Willet regarding personal liability
on the issue.  He spoke with Jim Halvorson, Superintendent Flambeau
River State Forest and Sawyer County Highway Commissioner, Gary
Gedart.  Dale provided a lot of data to the Winter Town Board members
that support NO ATVs/UTVs on solid surfaces including Johnson Road and
County W.  Dale said he was reluctant to get involved with this and
has friends and enemies on both sides of the issue and because heís
taken a position on this, he has become a target of animosity which is
unfortunate.  He added that he and all the petitioners support both
existing restaurants and wish the new owners who purchased the Cabin
on Connors Lake success.  Dale stated his hope was that the board
would table this request to open Johnson Road as an ATV route.  Dale
also read a letter he received from an 18 year permanent resident on
Johnson Road who expressed opposition to opening Johnson road as an
ATV route and mentioned several safety concerns. They stated they saw
no need for ATV/UTVs to go from town to town, city to city on county
roads instead of using the many trails that were made for their use
and advised the County and Town contact an attorney before making any
future decisions for these types of machines.    Chairman Kinsley
stated ATVís and UTVís are becoming a more popular recreational
vehicle because they are so versatile.  Among those who strongly
oppose riding ATVs on roads are the ATV Manufacturers and their
partners in Specialty Vehicles Institute of America, chairman Kinsley
read information that ATV manufacturers warn riders in their owners
manuals that their product should not be used on roads and have placed
warning labels on the ATVs stating the same.  The ATV industry doesnít
want the responsibility and they certainly donít want the liability. 
Some of the information also stated they were puzzled why any county
would pass a resolution in violation of a manufacturers warning. How
can we ignore manufacturerís  warnings?   Supervisor Patenaude said
getting back to the tax payers, do Dan and Dale agree that 36 are in
favor and 16 are not, that equals 52 of the 56 owners on Johnson road
have had input on it.  Dale Lehman asked Dan if the owners had
provided in writing that they were in favor of opening the road as an
ATV Route.  Dan replied they were contacted by email, by phone or in
person and thatís how it was done. Chairman Kinsley asked who is
responsible for the signing of the roads already opened for ATVs in
the Connors Lake area and West Lane.  Dan responded the Loretta Trail
Blazers are now, he did not know about the past and West Lane. 
Chairman Kinsley stated that he took a ride in that area today and
explained that Old Lodge Lane is not properly signed as a route.  He
drove down West Lane as far as Neitzels, approximately 3 miles and did
not see one ATV sign, so in his opinion since itís not signed, itís
not open for ATVs.  The West Lane original ordinance states the road
is open for ATVís from May 1st to Nov 1st.  Audience member Helen
Dennis stated there are regulations regarding signs, Chairman Kinsley
agreed.  Helen stated Warden Tom Heisler gave the Town the guidelines
for signs.  Audience member Dale Biessel spoke stating this is an
increasing problem in towns and for ease of regulating, the towns are
just opening all roads which avoids the issues this board are facing
now, it makes it very hard for a board in a situation like this when
other roads were approved and not others.  Another audience member
stated in Taylor County they experienced the same thing and they just
opened all the roads up with speed limits.  Chairman Kinsley asked if
Price County opened all town and county roads.  Dale Biessel replied
yes and he knows they did it for the same reasons you are experiencing
here tonight it just makes it very hard on the Town board members. 
Chairman Kinsley responded that in the past the Town board has denied
opening other roads, especially when there was controversy, itís not
just cut and dry that we will open them.  Chairman Kinsley asked who
owned the majority of the property on the right side of Johnson road
going down, offering an idea that this would be an ideal place on the
outside edge of the town right of way to make a trail. Chairman
Kinsley asked Supervisor Barnaby if he had some thoughts on this.  Ron
stated that we heard pros and cons and asked if we should vote on it? 
Supervisor Patenaude stated he thought we should vote on it so the
trail members can go and do it on a temporary basis and see what is
really going to happen this summer because if it was an access we
wouldnít even have this issue and he is looking out for Dale too who
has put a lot of time in this, but if we had that law, and how many
people are using it already and violating the law?  Supervisor
Patenaude stated we should try it for one year and we can pull it at
any time. Supervisor Barnaby asked Chairman Kinsley if he was willing
to vote on it tonight he would like to give his opinion first. 
Chairman Kinsley said no, he would first like to find out who is
responsible for signing the West and Old Lodge Lane because they are
not properly signed.  Dan Shauder stated Johnson Road, Old Lodge Lane
and Lake of the Pines are what they are asking for tonight.  Chairman
Kinsley replied that Old Lodge Lane is already open.  Chairman Kinsley
agreed to vote on it, Supervisor Barnaby  said regarding Johnson Road,
he would like to read his opinion and decision, he read that each and
every road has different characteristics to consider: road length,
whether it dead ends or is a connecting road and also the number of
homes and population along the road.  Current usage of the road is a
major determining factor in approving or denying ATV routes.  In his
opinion, Johnson Road is much like a residential street with many
homes in a short distance.  Adding unknown amounts of ATV traffic to
the current automobile traffic and pedestrian usage could result in
some very unfavorable safety issues for anyone traveling or walking on
Johnson road, for safety reasons, Supervisor Barnaby was opposed to
opening Johnson Road as an ATV route.  Chairman Kinsley asked
Supervisor Patenaude if he had anything to say, he replied he said his
opinion during the meeting.  Chairman Kinsley stated that he had to
agree with Supervisor Barnaby and after reading the information from
the ATV manufacturers and Specialty Vehicles of America that are
against it, in the future he will look closer at any requests to open
roads and probably wonít be as favorable.   Motion by Supervisor
Barnaby voting, not in favor of opening Johnson Road as an ATV route a
second to that motion was made by Chairman Kinsley and Supervisor
Patenaude was opposed to this motion, motion carried.  

Old Lodge Lane has already been opened for ATVís.  Chairman Kinsley
stated he would like to table opening Lake of the Pines road until he
can discuss it further with Jim Halvorson due to the forest road
connecting, he added that heíd stopped to see Jim today but he was out
of town for a few days.  

Dan Shauder asked regarding the previous motion for Johnson Road that
they can tell the land owners that were in favor of it, that the Town
Board was opposed to opening the road due to safety concerns and
manufacturers warnings?  Chairman Kinsley and Supervisor Barnaby
stated yes.

Chairman Kinsley motioned to table opening Lake of the Pines road for
ATV use until they can discuss it further with Jim Halvorson, second
by Supervisor Barnaby and Supervisor Patenaude was opposed to the
motion, motion carried. 

Chairman Kinsley will review the past records and let Dan know who
should be signing Old Lodge Lane Road for ATV use.

New Business:  There is a culvert in need of replacement on Deer Creek
just past Darwin Hintz property on West Lane, the town is working with
Jim Halvorson (DNR) putting together a Grant for the cost of
replacement of the culvert and blacktop on West Lane.  As part of the
process, the town will need to approve a resolution for a grant
proposal to submit to Jim for replacement of that culvert, including
blacktop, rip rapping and erosion control.  A motion was made by
Supervisor Patenaude to approve the resolution for a grant for costs
of the culvert replacement etc. on West Lane, second by Supervisor
Barnaby, motion carried.

Replacement of Boom Mower for tractor: Chairman Kinsley stated last
fall the head finally disintegrated after being repaired several
times.  The replacement would be from the boom through the mower head,
he has a price from Diamond mowers to replace it at $21,975.00.  
Motion by Supervisor Barnaby to approve the purchase, Supervisor
Patenaude said he guessed it would be more work but were there any
others out there besides Diamond, and asked whatís on it now. 
Chairman Kinsley said this will fit it just by pinning it on there; it
is the same thing and that is why he went with this one and all the
joy sticks are the same, we are using our own, itís just the main
parts and the head that was shot, Chairman Kinsley second the motion,
motion carried.

Used Dozer Purchase:    Chairman Kinsley stated to keep updating our
equipment, weíve found through surplus properties a D7G dozer that
came up which is much newer than what we have and we can probably get
it for around $10,000.00 to $15,000.00.   Zenke Auction looked at our
current D7 when he was here last and offered us between $30 and
$35,000.00 for it.  With this situation, we would gain years in our
equipment and would still have $10,000.00 to $15,000.00 left over
seemed like a pretty good deal and most army surplus equipment has low
hours on them.  Supervisor Barnaby motioned to proceed with the
purchase of a used dozer when it comes up on the auction, second by
Chairman Kinsley, motion carried.

Utility Vehicle Purchase:  Chairman Kinsley stated this is another
army surplus vehicle that is available now, itís in Austin, Texas, has
a backhoe on it and or a forklift or bucket on front.  Cost to us is
$5500.00.  David Martin suggested taking the bucket or forks off the
front and adding a snow plow and putting a 4 or 5 yard box on the
back.  There would be freight costs involved approximately $1000. To
$2000. But with that, we would have $7500 into it, add the plow and
box at another $2000. to $2500. Which brings it to $10,000.00.  Zenke
is interested in the backhoe too.  Chairman Kinsley stated he looked
into a Chevy Cab, Chassis, 1 ton at a cost of $38,000.00 add a snow
plow and a box and the cost was approximately $55 to $60,000.00,
verses $10,000.00 in this utility vehicle.  Chairman Kinsley said he
didnít think we could lose on it.  Supervisor Barnaby added with the
money from selling the old D7 it would be enough to buy both the newer
D7 and the utility truck .  Supervisor Barnaby stated the town has
purchased used equipment from surplus in the past, they are always low
hour units and have been well maintained and the town had a lot of
years of service out of the equipment they purchased over the years. 
Chairman Kinsley stated that toward spring there may be some graders
coming up so we could pick up a low hours grader for a construction
site backup grader.  Chairman Kinsley stated the town has done this in
the past and he believes Supervisor Barnaby operated it for 10 years
without any problems with it, Supervisor Barnaby stated yes that is
correct and then sold it for a lot more than what we paid for it. 
Motion by Supervisor Barnaby to act on and purchase the utility
vehicle, second by Chairman Kinsley, Supervisor Patenaude was opposed
to this motion, motion carried.  

Opening Tower Road for snowmobile use:  Dale Biessel representing the
Winter Huskies Snowmobile club was given the floor.  Dale expressed
that with the mild winter we are experiencing snowmobile trails are in
poor condition.  Things are not freezing up well and it is causing
problems and safety issues.  He also stated that certain parts of
trails have been closed by land owners which for people coming up from
Rusk County leaves them with no way to come through so they are
looking for alternate routes for this year.  Dale requested that Tower
Road be opened temporarily from where it begins at the Rustic Inn boat
landing up to the corner where it runs into the existing Tower road
route about 1 ½ miles for snowmobile use.   Lengthy discussion
took place, since the season is already limited the board decided to
open Tower Road as a temporary snowmobile route.
Motion by Supervisor Barnaby to approve opening Tower Road for this
season only from January 13 2016 to March 15, 2016 for snow mobile
use, second by Supervisor Patenaude, motion carried.

Correspondence/Contacts:  The town received a letter from the Winter
Senior Center requesting release of the budgeted support funds and
requested they be paid directly to the LP supplier.  Chairman Kinsley
stated we have done this for several years and is contingent upon
their written request.  Motion by Ronald Barnaby, second by Terry
Patenaude to approve releasing the funds to the LP supplier, motion
carried.

Approval of Disbursements:  There were no questions regarding the
disbursements, motion by Ronald Barnaby, second by Terry Patenaude to
approve the disbursements as presented, motion carried.

Board Concerns:   Terry Patenaude questioned again why Bear Lane was
not plowed, Chairman Kinsley will check into this with the crew.

There was no further business to discuss, next meeting date was set
for February 10, 2016, motion by Terry Patenaude, second by Ronald
Barnaby to adjourn, motion carried, meeting adjourned.

                                                                      
                                        Lori Van Winkle, Clerk
                                                                      
                                        Town of Winter
                                                                      
                                        January 21, 2016






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