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October 14, 2015 Meeting Minutes

MEETING MINUTES			                 OCTOBER 14, 2015

A regular 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 7 audience members.

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

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

License/Zoning: Regarding Sawyer County Proposed Zoning Changes to Rec
Vehicles/Equipment for camping, trailer camps, campgrounds, camping
cabins and park models.  Chairman Kinsley asked the board if they had
any comments to share, Supervisor Patenaude stated it was pretty well
outlined.  Audience member Warren Johnson stated he had concerns about
Park Model Trailers only being allowed in Campgrounds, stating these
units are upgraded nicer models and around Hayward there have been
some placed on private lots.  Further discussion took place,
Supervisor Barnaby was concerned that  if they were allowed outside of
campgrounds would the County Zoning rules still apply from March 1st
to Dec. 1st each year etc. as there are numerous campers in the area
now that are not being removed during that time and County Zoning
enforcement has not been done.   The board decided to table a decision
on all the proposed changes, motion by Chairman Kinsley, second by
Supervisor Barnaby to table this, stating they would like to know what
enforcement will be used and why Park Models are being considered only
on licensed campgrounds, motion carried.

Highway/Road Report:   Chairman Kinsley stated the crew is busy with
shouldering, ditching and culvert replacements.  Supervisor Patenaude
stated the gravel crushing was looking good but he saw the crushing
company was stripping with the John Deere excavator and wondered if
they are going to charge for that because we (Town) were supposed to
be doing that?  Chairman Kinsley replied, no that it was brought in
for better mixing, not stripping.    

Unfinished Business:  Lengthy discussion took place on procedures for
an assessors plat for Connors Lake property owners. Chairman Kinsley
stated Supervisor Barnaby had reviewed all the information received
from Dan Ploeger regarding the procedures for an assessors plat and
asked Supervisor Barnaby his thoughts on it.  Supervisor Barnaby
stated the Plat can be initiated by the Town or the County.  If the
Town initiated it, all costs would be paid upfront by the Town and
then assessed to the property owners according to their land assessed
value.  The information did not indicate who would pay for legal fees
which he assumed would be the responsibility of the Town if they
initiated the plat.  Supervisor Barnaby stated unless it is a
statutory obligation that the Town has to do this, he would not be in
favor of it at all, unless we are required to do so.  Supervisor
Barnaby stated there could be open ended costs involved if we had to
hire an attorney for those who may contest an assessorís plat as there
could be smaller lots which reduces their property values, there could
be adverse possession situations, and the like, so this really opens
the Town to numerous unknown additional costs.  Supervisor Barnaby
states he would like to see it in Black and White that the Town must
provide an assessors plat.  Audience member Cliff Baker, also a
property owner on Connors Lake, stated this will have to be done
eventually for anyone who wants to sell their property. He stated he
is aware of an assessorís plat being done in Phillips, WI, where the
municipality is picking up the bill for this and asked what Statute
states property owners would be assessed for the costs and also asked
what possible legal fees there could be?  Chairman Kinsley replied
that if the land owners canít agree, it will have to go before a judge
creating added costs.  Cliff stated hopefully they can get along and
agree and it wonít go to court.  Chairman Kinsley replied if that is
the case and they can get along and agree then why donít they just do
that and work this situation out among themselves?  Supervisor
Patenaude added by review of one of the maps, they have done this in
the past.  Supervisor Barnaby added that in most boundary line
disputes that weíve heard of, the property owners settled the boundary
disputes between themselves.  The Town had no part in creating this
situation and it just isnít fair for all the property owners to pay
for the problems of 8 property owners; that just isnít right.  Larry
Nelson from Heart of the North surveying had provided a quote of
$10,000.00 for the surveyors work.  Dan Ploeger submitted a request to
the County for $2500.00 to assist with these costs, but nothing was
definite at this time.  Audience member Warren Johnson stated it is
not uncommon for the courts to assess the legal fees against the
losing parties in a case like this, if the added legal fees are a
result of a party who is not cooperative and they caused all the added
legal fees, he added there is no reason for the Town to be involved
itís the parties involved.  In his opinion he feels the land will
increase in value once it is straightened out and some areas could be
developed which will help the town so he feels itís important that
this be done but agreed it should not be a burden upon the Town and
feels there are ways to do it without it being a burden on the Town.  
Audience member Violet Fuse asked if some of the costs for this would
be the responsibility of the Title Insurance Companies and the banks
holding the mortgages on these properties.  Violet stated she did not
see why the Town should even be involved in this, this is what title
insurance is for and this problem has been in existence for some time
now.  A comment was made that many of the properties have been in the
families some dating back to the 30ís and title insurance and
surveying techniques are more accurate now than in previous years. 
Warren Johnson stated even under adverse possession, it would still
require a court to determine the values of the properties so there
would still be legal costs involved that should not be the towns
responsibility, it should be the responsibility of the property owners
involved.  Supervisor Barnaby added that it was mentioned many times
in the plat information that it necessitates a mutual agreement
between the land owners to get it done, Chairman Kinsley added it
would require mutual agreements between the land owners for an
assessors plat too and 2 recent surveys have already been done, and if
we send another surveyor in that is more added costs.  The board
determined they will not pursue an assessorís plat and advised that
the property owners work this out among themselves.  Audience member
Cliff Baker stated he will talk with the property owners.

New Business:  Winter Library director Donna Knuckey was given the
floor, she expressed that each year she visits the area municipalities
to update them on the library activities and also to request continued
support.  Donna reviewed the Library budget and expressed that in
addition to support from the county and some municipalities, she does
pursue grants and they do a lot of fundraising.  Supervisor Patenaude
stated according to the budget fund sources, with what the county
gives and the Town of Winter gives, it appears they are not receiving
much in support from other townships?  Donna replied that the Village
of Winter gives through in kind services, Ojibwa denied any support,
Draper does give them some support and she understands the support is
all dependent upon their municipal budgets.   Donna described the
activities theyíve done throughout the year to encourage reading and
bringing families into the library and the many services they provide
for children to seniors.  A motion was made by Supervisor Barnaby,
second by Chairman Kinsley to release the 2015 budgeted support funds
of $5000.00 to the Library, motion carried.  Donna thanked the board.

Paser Road Evaluation:  while doing road reports, it was discovered we
had not received the notice from NWRP for the bi annual road
evaluation report due by December 15, 2015.  Northwest Regional
Planning has done this for the Town for several years in the past,
Chairman Kinsley contacted NWRP, they agreed to complete this for the
Town at a cost of $1677.00, we had budgeted $1500.00.  Chairman
Kinsley asked for a motion to approve NWRP for the Paser Road
Evaluation, motion was made by Supervisor Patenaude, second by
Supervisor Barnaby for approval, motion carried.

Discuss and approve and Excavator proposal:  Chairman Kinsley stated
we had discussed this at our preliminary budget meeting and Lori
received an email today from Ben at CAT with prices and specs on two
units, a used (rental return) and a new unit.  The board members
reviewed the information.  Chairman Kinsley had also asked for
information on CATís finance program too.  The new unit cash price is
$193,667.00, trade value $65,000.00, delivered price $128,667.00. with
a 5 year payment plan.  The used unit is $151,500.00, trade value
$65,000.00, for a cost of $86,500.00.  Chairman Kinsley asked the
board members if they were interested in pursuing one of these units. 
 Supervisor Barnaby feels it would be a good idea, he stated there are
a lot of hours on the one we have and he didnít think we should wait
for a major breakdown to trade it off.  Chairman Kinsley stated those
were his thoughts too, and because there had been a major repair a
couple years ago which CAT paid for at approximately $100,000.00 and
because all our existing equipment is CAT and our filters, buckets
etc. would be the same.  Supervisor Patenaude stated of the two he
would say the used one with 2000 hours but he felt we should check
with John Deere and Komatsu too.  Lengthy additional discussion took
place.  A motion was made by Chairman Kinsley, second by Supervisor
Barnaby approving the purchase of a CAT Excavator contingent upon
inspection of the unit by David Martin, Supervisor Patenaude was
opposed, motion carried.  Chairman Kinsley stated he would still call
the others for prices.   Regarding financing, we have terms from Catco
at 2.7% for 5 years, the local bank was 3.5%, Supervisor Patenaude
stated we might as well stick with Catco with the lower interest rate.
 Chairman Kinsley stated he wants to be sure there is no pre pay
penalties in the event we could pay it off early.  

Correspondence and Contacts:    There were 6 new land use permits
issued and two driveway permits.  Notices were received from the
county that Tod Torgersons conditional use permit was approved with
conditions and Ralph Hank Petits zoning change was approved by Zoning
but the County Board must ratify before it becomes final.

A letter of congrats and refund check for $1654.00 was received from
Rural Insurance related to our recent workers compensation audit.

The Lakes Alliance referred a complaint to the Town asking why we
donít have bumpers on our docks at the boat landings?  Chairman
Kinsley stated the docks were not equipped with bumpers when purchased
and we will address this in the spring before we put the docks in
again.  The Town received complaints that the buoys on Lake Winter
have been moved to shore and need to be replaced to mark the
underwater cement pillars.  Lori spoke to Lakes Alliance member Jerry
Schaefer regarding it, stating the Town has never been responsible for
this and understood the Lakes Alliance took care of this in the past. 
Jerry stated the Alliance has in the past, the problem is most of
their members are just not capable of doing it any longer,  they need
some younger fellas to do it, Lori provided a name of someone who may
be able to assist them.

Chairman Kinsley received a call from Terry Krell regarding the
property dispute on Connors Lake and what the Town was doing with it.

There have been several inquiries about the gates locked on forest
lands.  Lori located contact information and provided it to those
people inquiring so they can pursue it with them.

Lori responded to Al Tepaskes questions regarding liquor licenses from
last month. Lori reviewed all the past ordinances some dating back to
1907 and found nothing stating a business had to be open 30 days of
the year to hold a liquor license.  Lori spoke with the Department of
Revenue regarding eliminating our extra license; she was advised the
board does not have to issue all the licenses if they choose not to,
it is their discretion.  The board could adopt a local ordinance to
reduce the number of licenses available, however it does not bind the
next board and it could be rescinded if desired.  The board decided to
leave things as is with no changes.  

Dan Schauder from Loretta Trail Blazers Snowmobile Club called
regarding opening Cty Road W from the Price County line west to M
going to Loretta, it was confirmed this will be for ATV use.
Since this is a County Road, he was advised to contact Gary Gedart
County Hwy Commissioner first and if Gary wants input from the Town,
he would advise accordingly.

Approval of Disbursements:  There were no questions regarding the
disbursements, motion by Ronald Barnaby, second by David Kinsley to
approve the disbursements as presented, motion carried.  Check # 17384
through Check # 17399 was approved in the amount of $26,930.52. 
Account balances 9-30-15, General Checking $7,662.01, MMA account
balance $303,158.04,
LGIP account balance $ 103,140.18.

Board Concerns:  There were no other board concerns, the next regular
meeting date was set for November 11, 2015 and the Budget/Levy Hearing
is set for November 18, 2015.

Motion by Ronald Barnaby second by David Kinsley, to adjourn the
meeting, motion carried.

Lori Van Winkle, Clerk					
October 21, 2015


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