PROCEEDINGS
OF THE MEETING OF THE TOWN OF FERN BOARD
OF JULY 11th, 2016
These minutes to be considered and approved or amended at the subsequent meeting.
Chairman Erwin called the meeting to order at 7:00 PM. Also present was Supervisors LeFevre and Drewa, Treasurer Demko, and Clerk Pakos.
Motion by LeFevre to approve the agenda as posted. Second by Drewa. All in favor.
Motion by Drewa to approve the minutes of the meeting of June 13, 2016. Second by Erwin. Drewa and Erwin in favor. LeFevre abstained. Motion carried
The treasurer’s report was presented and considered. Motion by Drewa to accept the treasurer’s report as presented. Second by LeFevre. All in favor.
The bills were considered. Motion by LeFevre to pay bills as posted. Second by Drewa. All in favor.
Board members' comments.
Erwin stated that he had received correspondence from county zoning that requires the servicing of the septic system. He also stated that correspondence had been received from Ford Motor regarding an issue with the Ford F-450.
Debra DeMuri from the Florence County Historical Society presented a clock to the town that had hung in the Fern school building. The clock does not work and she asked that the Town of Fern sign an agreement that allows for the clock to be loaned back to the Historical Society if needed for a display at some time in the future. DeMuri also stated that the Fern school was opened in 1921, was closed in 1956, and became a town hall in 1956. There is writing on the back of the clock, which gives a history of cleaning and repairs. Erwin signed the requested agreement for possible loans in the future. Erwin thanked DeMuri for the gift of the clock and DeMuri thanked the board for accepting it.
Board Members' Concerns.
LeFevre commented that the agenda for the road tour meeting wasn't posted when it should have been. Pakos responded that it is the duty of the presiding officer to make sure that the agenda is properly posted. Yes, he stated that he had missed it, but the chairman should have said, "was the agenda posted", further stating that it is not all my job, and I didn't get invited to the meeting. Erwin stated that "its totally fine, and again we work with each other".
Drewa asked – "what is the difference between a closed meeting that we were all involved in and a secret meeting". Pakos replied that a secret meeting is a meeting that has no agenda whatsoever and you meet without notifying the people. A closed session is something that an agenda is posted, the general item that will be discussed at the closed session like the gravel stuff at the Town of Florence, those were all very proper. I posted the agenda and we met with the Town of Florence. A secret meeting is when any board member gets together with another board member and agrees on something or even discusses town business. That is what a secret meeting is. To avoid all of that, the best way to handle all of this is to discuss everything in front of the people. If they don't like it they will you. If the like it they will tell you. In the way that this system is designed, everything that is town business should be discussed at an open meeting like this".
LeFevre stated that a closed meeting is just a board meeting. No secretary is needed. Pakos replied that the board can decide whom to include or exclude.
Erwin stated – "to propose on an assumption that we were secretly meeting to have this in place to go towards an appointed clerk and ordinance was not done by anybody on this board". Pakos asked Erwin if he wanted to go there.
LeFevre stated that he had not gotten an email about a meeting and that somebody at the store said that there is a meeting tonight. Pakos asked what meeting that was? LeFevre replied that it was one of them meetings, one of them open session meetings. Pakos asked again which meeting was it? LeFevre replied that it was the second one we had here. LeFevre also stated that he wouldn't have been here, and that he came in just in time for the meeting. Pakos stated that he did not remember which meeting it was. LeFevre again replied that it was the second on we had here.
Erwin commented that Jaysen Walther had made a comment that "let's move forward". Erwin stated that "let's not be Fence". Let's be Fern and move forward.
Erwin discussed the possibility of zoning for the Town of Fern. LeFevre stated that he had spoken with Trish Kelly at county zoning about the matter and that he wanted to know what the people thought about the matter. Should we be zoned, its another step to go through. All this stuff that is going now, the town was running smooth until the gravel pit issue came up. LeFevre stated further that he asked that the matter be put on the agenda. LeFevre also stated that it would the town a little more control when something goes on. We had gravel pits that weren't even legal and if it had been zoned they would not have been there.
Erwin stated that the new pit could be put in place because the parcel was zoned agricultural and wasn't zoned as managed forest. Attorney Seibold was arguing that it had to be 40 acres to have this property for non-metallic mining. As regards the other pits (Haevers) Erwin stated that it was approved provided that pit did not exceed an acre. Erwin continued that it did go over an acre and also the pit did not have in place a reclamation plan. The new pit with the three towns does have a reclamation plan in place and it is not illegal. We are proceeding to go ahead with savings for the Town of Fern, and the other towns. Erwin stated that Pakos had put together a small handout regarding use restrictions for acreage in the Town of Fern.
Pakos commented that zoning is regulating the use of a piece of land. He also stated that if county zoning is imposed, county zoning any time they want to. The town could also control zoning, but that the zoning must be at least restrictive as county zoning. He also commented that if the owners of the gravel pit parcel wanted to exploit that gravel deposit for monetary purposes, the owners could not be zoned out of existence, and as long as regulations outside of zoning were met, they have a right to put that in there and they have a right to make money off of that. If you don't want that gravel pit, maybe the town should have zoned it. But if it was the county that zoned it the county would have approved it. Pakos stated that there isn't much left in the Town of Fern that isn't zoned.
LeFevre stated that the Town of Fern could issue building permits as a town and collect the money further stating there is no building permit requirement now. Pakos stated that there is a requirement for building permits now. LeFevre stated that county zoning said there isn't. Pakos replied that single and double family residential have a state mandate that there is a building permit as well as a building inspection requirement. LeFevre stated that it was a land use permit. Pakos stated again that single and double family residential require building permits.
Erwin recognized Ruth Cassens who commented that when the Town of Fern board worked on the comprehensive plan that we did have a Plan Commission.
Erwin commented that his personal view was that at this time that the Town of Fern should go to zoning. Drewa agreed. LeFevre stated that he just wanted to have a discussion.
The board discussed the dust problem on Patten Lake Road and North Shore Road. Erwin proposed that the Town of Fern share equally in the cost of a trailer load of chloride to be applied to the Town of Florence portions of Patten Lake Road and North Shore Road. Erwin asked for a motion to go ahead with the proposed project. Motion by Drewa to go ahead with the project. Second by LeFevre. All in favor.
The board discussed the proposed purchase of crushed gravel from the joint pit. The lowest bid received for the crushing was for $4.05 per yard for the crushing. Motion by Drewa to approve the purchase of 6,000 yards. Second by LeFevre. All in favor. LeFevre asked if borrowing would be needed to fund the project. Demko stated that it was not.
The board discussed sale of boards currently stored in the recycling building. It was agreed that the solid waste/ recycling attendants would hand out, during open hours, a flyer to interested persons.
The board discussed the posting of town agendas on the town website. Motion by Drewa that town board agendas be placed on the town website. Second by LeFevre. All in favor.
The board discussed a follow up to a question from a constituent from a previous meeting where it was stated that no new gravel pits would be approved by the county. LeFevre stated that the joint pit can only open 5 acres at a time.
Constituents' Concerns
Daymond Saak asked whether Scotch Pine Drive graveling would be completed this year. Erwin replied that such could not be assured and that it depended on when crushing was completed at the new pit.
Ann Drewa asked about the purchase of a computer and printer for the proposed town office and who's computer and printer were being used now. Erwin replied that all the equipment being used was the personal property of the clerk. LeFevre agreed with the statement that the computer must have windows 10. Pakos stated that a used computer would not work.
Motion by Drewa to adjourn. Second by LeFevre. All in favor.
Town of Fern Town Clerk,
George J. Pakos