Town Monthly Meeting Minutes I October 17, 2022

October 17, 2022  Monthly Meeting

The monthly meeting of the Town Board of the Town of Cedar Lake was held on Monday, Oct. 17,2022 at the Cedar Lake Town Hall in Mikana located at 2696 26-26 ¾ Ave at 6:30 PM.

Present was Ken Leners, Chairman, Supervisors, Kory Weiss and Tony Wolff, Clerk Maryhelen Drew, and Gladys Roux, treasurer.  Also present were 24 residents.The meeting began with the Pledge of Allegiance.

The minutes of the previous meeting were read. Kory had a sentence eliminated as was not pertinent to the subject. With this correction the motion to approve the minutes was made by Tony to accept the minutes. Ken seconded and all were in favor.

Under public input, Tom Goodwin gave an update about the lawsuit with Loch Lomond Beach Club. It seems that the judge has handed down a decision on Sept. 13th. The judge discussed the covenants and constrictions of the Loch Lomond Beach Club which have not been enforced. It appears that it is in violation of these covenants that campers are in violation on their lots. Loch Lomond Beach Club will need to rewrite policy 17 to address these issues. At this time, the written determination is not available from the Judge.

Tony asked how the judges comments would affect the campers currently parked on their lots? Is the Loch Lomond Beach Club board liable for potential lawsuits from the land owners if not able to use their property? Tom stated that policy 17 was always available for the Beach Club to enforce. As the LLBC Board is not involved with the sales of these lots, it could be the developers and realtors who are involved with those sales.  Tom said that the LLBC issued annual temporary dwelling permit has to end and campsite lot owners must either build, or remove camping equipment.

Kory wondered if getting the final word from the judge, what would happen if someone didn’t comply and violated the court order,  would the

County step in at this time? Tom answered that there are many layers of rules which LLBC would need to deal with at this point. Tony pointed out that the campers would not be in violation of the Barron Co. Zoning. Is the LLBC moving in the direction of fines?

Ken asked a guest, Jason Leu, Sheriff’s Dept. if a person violates a court order does the county Sheriff’s dept. arrest that person? No, only if the judges put out a court order for an eviction.

On another subject, Tom discussed the Hwy. V and 48 intersection where there was recently a death due to running off into the lake. Is there a way to stop this? Tony has talked with the Sheriff regarding this problem. The Sheriff needs to talk with the State DOT in regard to proper chain to go through to get better signage there. The Town could discuss lighting only. Mike Hessling had talked with Louie Okey, County supervisor, regarding this issue. The county would recommend putting in a lighted stop sign at that point. This has nothing to do with the landing itself to keep people from going into the lake with their vehicles.

Gladys then gave the financial report for the past month. All accounts balance as well with the clerk’s books. Ken then gave the 3rd quarter report ending on Sept. 30th. There will be a fiscal year 2023 budget planning work day on Wed, Oct. 19 at 9 AM if anyone would be interested in attending. There was a discussion held as to what was included in the end of the 3rd qtr. Lemler Road was included. Kory has cost from county for shouldering of $135000 not yet received.

Kory then gave the report for the past month’s road work. Paving is complete on Lemler Road and Swamp Road. Shouldering is done on Swamp Road. County will be doing the Lemler road shouldering. Patching still needs to be done on Ranch Road where the culvert went out. Monarch will do it before the end of the season. Scott feels that we have a good supply of salt/sand for the winter. If we use it all, we will get mixed from the county. Doyle will be mixing at our town shop.

Scott wondered if the Board had heard anything from the county regarding a county truck in our shop? The contract is self-renewing which has to do with the new county shop being built.

Liz Drew asked if Sunrise would still be mowed this fall? Kory said that Ken was not done yet and will mention this to Ken G.

Next was the discussion of ARPA funds which will be used to help cover the cost of the Swamp Rd./Lemler Rd. It is felt by the board that this would be spending the funds to help support tourism in our area. Gladys asked about transferring the funds to the checking account to pay these bills. Ken made the motion to allocate ARPA funds for two invoices for the Swamp Road with the remaining going to the Lemler Rd. Tony seconded and with no discussion the motion passed. Roll call: Ken, yes: Tony, yes: Kory, yes. Gladys will close out the account and transfer all the funds. The remaining balance will go to the county for shouldering Lemler Rd.

Next on the agenda was the report from Mike Hessling for the BFCESD. The first payment for our town will be due on Dec.15  for $136,116.15 which will come from a DSB loan.  The building project is on the BFCESD website showing the progress daily. It is moving so well that the date for completion has moved from May 19 to April 12, 2023. Ken thanked all persons involved.

Next on the agenda is the contract for the BFCESD for 2023. This would be resolution 2022-10-17. The fire contract went down from last year while the ambulance contract went up.  The amounts are Fire $61956.96 and Ambulance $72419.55.  Ken made the  motion to accept the contract from the BFCESD for the fire and ambulance as submitted for FY2023. This was seconded by Kory. Roll call vote: Ken,yes:Tony, yes: Kory, yes.

Under old business, the Board discussed the request from Ken Roen for an easement across town land to get access to his property. As this property has been sold this would be a non-issue at this point.

Next is the discussion for the Roholt property which Mr. Roholt would like to subdivide into 3 parcels. The county is asking for something specific from the town in regard to roads within this area. They want, provided on a town letterhead, that the town sign off on existing easements that meet town specifications. Kory has been conversing with Dave

Gifford regarding this issue. This refers to a county ordinance from 1993 on how roads shall be constructed. The town does state that before roads are accepted by the town that they need to be built to county standards. There followed much discussion. The conclusion is that the county legal counsel should draft  a document for the town’s consideration. Kory recommended that a draft letter be prepared so that Mr. Roholt could begin his project. A letter will be given to Mr. Roholt from the Town.

Next on the agenda is the application from Sherry & James Goodpaster for a winery license in our town. This would be called Bear Bones Winery and be located at 2673 27th Street in Mikana. They are also applying for a Class “B” beer license to go along with the local winery license.
They are in the process of rehabbing the building to comply with health regulations. They have been working with Mario at the State level and have been issued a winery license in a different name, so will apply with the name change. At this time, the proposed opening date is May 31, 2023. There are still other licenses which need to be acquired such as a kitchen license from the county. Ken made the motion to approve Bear Bones Winery license as well as a class”B” beer license contingent upon all local, state and federal permits required. Kory seconded the motion. Discussion was held with Tony being confused with residence in Stanfold, owning property in Cedar Lake, living in Birchwood.  As Wis. residents, they do not need an agent. Tony mentioned that as the building has been empty for so long, a special exception from the county will need to be applied for with Board of Adjustment approval. Then the Town Board will need to sign off on the special exception before the local licenses would be able to be issued.

Roll call vote: Ken,yes:Tony,yes: Kory,yes. Motion passed. Ken said thank you for the informative presentation.

Next on the agenda is the application for a new agent for the Island of Happy Days as  the current agent has moved on. The applicant is Michael Lawrece Duerkop. Ken made the motion to approve Mr. Duerkop as the successor agent for the Island. Tony seconded . A new license will be issued with his name. Roll call vote; Ken, yes: Tony,yes: Kory, yes.

The next discussion began with Tony asking if there is a policy for public comments on the website? Ken said that public comments are welcome, but what is acceptable or unacceptable? He feels that it is not worth the effort  to manage whether or not comments are  acceptable. Kory feels that there should be no public comment on the website. Everyone is able to contact any of the Board members by phone(numbers on website), email or by attending the meetings at any time. Ken has shut down the website to public comments at this time due to derogatory comments. Tony agreed with Kory that people have many ways to reach out to Board members. Ken realizes that it should have been discussed with the Board before making the call to shut down the website’s public comments, but doing so did not warrant a special meeting. Ken made a judgment call at the time.

Ken made the motion to set the Budget Hearing for Monday, Nov. 14, 2022 at 6 PM at the Cedar Lake Town Hall.Tony seconded the motion. Roll call vote: Ken, yes: Tony,yes. Kory will be absent for this meeting so abstained from voting.

Next is to make the public aware that a claim has been filed against the Town Board and Ken Leners. A contact person for the insurance company needs to be appointed. Ken had suggested that the Board go into closed session to discuss this. Tony feels that there is no need to go into closed session as there is so much division in the town now with the Beach Club. Ken made the motion to go into closed session to discuss 8g.  Kory seconded the motion. After some discussion, the motion was withdrawn. Ken stated that he would like to be the contact person. Possibly the clerk. After some discussion, it was decided that Kory would find out if Ken would be violating any laws, rules or creating more conflict. Ken suggested that the Board post and have a special meeting at noon on Wed. Oct. 19th, following the budget planning meeting, to discuss the person to appoint. This needs to be posted for 24hrs. Kathy Leners suggested that the board should consider selecting the Clerk and the Chair as a dual point of contact.  The board made the decision to hold a special meeting following the budget planning meeting on Oct 19th.

Under correspondence received, Ken had been contacted by Celina Evitch regarding slow signs where she lives and walks. Maybe some speed limit signs to slow the vehicles on the road. Kory also received a request for speed limit signs. It was suggested that the persons provide the Board with a map to show their recommendations for signage. Kory stated that in his experience, signs mean nothing.

Ken spoke about why Detective Jason Leu was attending the meeting. Sheriff Fitzgerald had contacted Ken in regard to hiring a sheriff dept. Deputy for 3 months in the summer for extra patrol on the east side of the lake. Another municipality  has asked for extra law enforcement during school months which would leave that person to patrol for our town during the summer months if the Board approves .

Tony mentioned that there is a streetlight out by Dick Kerber’s. Xcel Energy will be contacted. Tony had contacted the county in regard to the recycle bin which was set over on the east side of the lake. This was placed within the fenced area.

Ken made the motion to pay the bills and adjourn. This was seconded by Tony and all approved. (9:11)

This meeting was published on the website,Chronotype, Mikana Store, The Grill, Bear Trap, town hall and notice sent to LLBC.