Board Meeting
August 9, 2012
The meeting was called to order by Fred Belay, Chair, at 6:30 pm at the Town of Union town hall.
People in attendance were: Supervisors – Jeff Bechard, Jeff Whyte, Deb Smith, Gloria Bloom,
Treasurer - Betsy Bohlinger, Clerk - Brian Evans, and see attached list of visitors.
Flag Salute
Construction of AT&T tower on Remington’s Salvage Yard AT&T was hoping to add their equipment on to the existing T-mobile tower that is located on
Remington’s Salvage Yard. However, this tower would not be structurally sound if any additional
load was added to it. Therefore, AT&T is applying to construct a 160’ tower with a 12’x 28’ building
that will serve as the anchor tenant for this site. This site will be able to host up to three additional
equipment shelters or racks. Jeff Whyte made a motion to approve the construction of an additional
Cell tower by AT&T. Gloria Bloom seconded the motion. Unanimously approved
Town Board Resolution #58-2012-2013
Be it resolved that the Town Board of the Town of Union, Eau Claire County, to approve the RAS
Properties/AT&T Conditional Use Permit for the construction of a 160’ tower with a 12’ x 28’
building to serve as the anchor tenant for the site to be built on Remington’s Salvage Yard.
_________________________________
Fred Belay, Chair
______________________________
Deborah Smith, Supervisor
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Jeff Bechard, Supervisor
______________________________
Jeffrey Whyte, Supervisor
_________________________________
Gloria Bloom, Supervisor
Offered: Jeff Whyte
______________________________
Attested: Brian Evans, Clerk
Passed: August 9, 2012
Mailbox violation updates – Discussion with Dan Vinopal Dan Vinopal lives at 1200 Pavelski Road and is one of two residents who were issued letters informing
them that their mailbox was in violation of Town safety standards and needed to be renewed. In
speaking to him, he feels that he should have been informed about these standards prior to erecting
what was a ~$800.00 mailbox. He stated that he contacted the U.S.P.S. prior to constructing it and that
the Town’s building and driveway permitting authorities were on his property and never mentioned
anything about it. He explained this situation and asked if there is anything in his power to fight
having to deal with the time and money he will lose in having to replace his mailbox now. He added
that there are four brick or stone structures that fall within the 33’ from the centerline, thereby within
the right-of-way, on White Pine Dr. alone.
The Town’s attorney explained that there is no “grandfathering” when it comes to public safety law.
He stated that anything within 33’ of the centerline is in the right-of-way and poses a liability to the
Town.
Despite his explanation and arguments, Chairman Belay explained that the ordinance was created to be
enforced. The Board cannot get in the business of granting exemptions to ordinance violations. If the
Board allows the mailbox to remain in place, the Town would be held liable if an accident took place
involving the mailbox. No motion was made to exempt Mr. Vinopal’s non-compliant mailbox at 1200
Pavelski Road.
Discussion on the execution of additional music at the Whispering Pines Campground during
Country Jam –
Lois Djock explained that she believed Mark Steen, Larry Barr, and the Whispering Pines
Campground administrators did an excellent job. They patrolled the area well. She explained that her
husband was kept up on Saturday night and called the sheriff despite having the ability to call Larry
Barr or Mark Steen.
Larry Barr explained that he spoke with all campers who were playing music, and all were very
cooperative.
Mark Steen said that Al Rowland complained to Mark about the noise on Wednesday night. Mark
went to his place that night with a decibel meter and that the meter never went over 80 decibels. Mr.
Rowland stated that he could handle that level of noise.
Debbie Smith thanked Mark Steen and the other Country Jam officials for taking the extra time to
ensure that the needs of the neighbors were being addressed and met.
Mike with the Sheriff’s Department explained that over the last several years he has always patrolled
the campground during Country Jam. He explained that prior to installing the dance floor and central
music area; patrols had a problem dealing with all of the small parties that would arise at various
campsites. This central location has made their jobs much easier, as they can easily regulate a central
location. He explained that in the past quiet time started at 2:00 a.m. which worked well for having
everyone go to bed and quiet down. With the 1:00 a.m. quiet time that was approved this year, there
were a lot more stragglers wandering around when the central music shutdown. Law enforcement
would benefit from returning to the 2:00 a.m. quiet time in subsequent years.
Decision whether to have Town Attorney continue to review minutes/agendas During the approval of bills during last month’s meeting, there was a discussion as to why Hibbard
was charging so much to review our minutes/agendas. The Board inquired whether this was necessary
and if we could discontinue this service. The Town’s attorney, John Hibbard, explained to the Clerk
that it is not necessary but is a safeguard/insurance that most municipalities choose to utilize. He
explained that it is cheaper than engaging in activity that could lead to a law suit. He looks at these
things to make sure we are not doing anything wrong that could get us into trouble. He gave the
example of a municipality revoking someone’s liquor license on improper grounds or means. He said
he does this for all of the municipalities that he services except those that are very small or have
clerks/chairs/administrators that have a lot of experience.
Judy Bechard explained that there has been several instances where this has been an invaluable
protection for the Town. The Board decided to continue paying for this service.
Prioritizing Town Hall Maintenance and Determining best practice for purchasing materials Chris Turner needs permission to utilize the Town’s Menard’s direct bill account. The Clerk will draft
a letter stating that he has permission. A list of Town Hall maintenance work was presented to the
board. Necessary work that can be completed quickly, like replacing the lights in the emergency exit
sign, were given high priority. The remaining work can be prioritized at the Clerk and Chris Turner’s
discretion.
Sherman Creek SchoolLand transfer update – The Board was presented with copies of the Quitclaim Deed transferring land
between the City of Eau Claire and Town of Union in accordance with the new construction. Judy
Bechard asked whether there was any written agreement stating that the Town has access to the school
parking lot. The deed states that “this conveyance was authorized by a resolution adopted by the Town
of Board of the Town of Union dated August 9, 2011.” The resolution that is being referred to stated
four necessary conditions:
1. The Town will deed to the ECASD the 33 foot strip to the North of the school. The deed
would prohibit annexation of the strip without written consent of the Town.
2. The Town will deed to the ECASD the 33 foot strip to the East of the school. The deed would
prohibit annexation of the strip without written consent of the Town.
3a. The Town will deed to the ECASD that part of the NE1/4 of the NE1/4 North of Vine St. and
South of the District’s property (the land between the School and Vine St. which is not subject
to the Conservation Easement.) The deed would prohibit annexation of the strip without
written consent of the Town.
3b. ECASD will deed to the Town, for inclusion in the Park, the Westerly 50 feet of the school
property. The land may be restricted to Park use, but will not prohibit adding it to the
Conservation Easement.
4. ECASD will deed to the Town a permanent easement over the South 33 feet of all of the School
land (as it exists prior to any conveyance from the Town) for ingress and egress to the park by
emergency vehicles and service vehicles acting under the direction of the Town Board. This would
not permit general public access.
The Clerk will discuss this with Hibbard and ensure that all of these conditions have been met in
writing before the deed is processed.
Roads –updates and decisions – Miller Rd. bids
Sealed bids for hot-mix asphalt paving and shouldering services to be performed on Miller Rd. were
received from Senn Blacktop and Monarch Paving and opened Wednesday, August 8, 2012 at 6:00
p.m. In the bid specifications, it was stated that a contract would be approved based on the lump sum
of the bid. Estimate details provided with the bids received from the two contractors are listed in the
table below:
Miller Rd.
Estimated Total Tons Price Per Ton Total Paving Cost Shouldering Cost Total Cost/Lump
Sum=
Senn Blacktop,
Inc.
1540
$50.49/ton
$77,755.00
$4,180.00
$81,935.00
Monarch Paving
1474
$50.41/ton
$74,303.00
$5,942.00
$80,245.00
Warranty Proof of Insurance -
1 yr.
yes
no written warranty
included
yes
Fred Belay made a motion to accept the low lump-sum bid provided by Monarch Paving. Jeff Bechard
seconded the motion for discussion. Monarch did not include a written warranty with their sealed bid
as was requested in the specifications. A written warranty was dropped off to the Chair this afternoon.
There was discussion whether this was acceptable. The consensus was that the lack of a warranty with
the closed bid was not grounds for rejection. Fred Belay, Gloria Bloom, and Jeff Bechard approved.
Jeff Whyte and Deb Smith opposed.
Town Board Resolution #59-2012-2013
Be it resolved that the Town Board of the Town of Union, Eau Claire County, to accept low lump-sum
bid provided by Monarch Paving for hot-mix asphalt paving and shouldering services to be performed
on Miller Rd. at a total cost of $80,245.00 under a one year warranty on workmanship.
_________________________________
Fred Belay, Chair
______________________________
Deborah Smith, Supervisor
_________________________________
Jeff Bechard, Supervisor
______________________________
Jeffrey Whyte, Supervisor
_________________________________
Gloria Bloom, Supervisor
Offered: Fred Belay
______________________________
Attested: Brian Evans, Clerk
Passed: August 9, 2012
Texaco Dr. –
Jeff Whyte made a motion to bid out the roadwork on Texaco Dr. according to the specifications laid
out by the County engineer. Jeff Bechard seconded the motion. Unanimously approved.
Town Board Resolution #60-2012-2013
Be it resolved that the Town Board of the Town of Union, Eau Claire County, to approve bidding out
necessary roadwork on Texaco Drive based on the County’s engineering specifications.
_________________________________
Fred Belay, Chair
______________________________
Deborah Smith, Supervisor
_________________________________
Jeff Bechard, Supervisor
______________________________
Jeffrey Whyte, Supervisor
_________________________________
Gloria Bloom, Supervisor
Offered: Jeff Whyte
______________________________
Attested: Brian Evans, Clerk
Passed: August 9, 2012
Building Inspector – The building inspector was not present an up to date list of all permits that have
been issued since the last meeting was presented to the Board. A check was received for a permit
without any supporting documentation. The question was raised as to when the Inspector’s contract
expired.
Fire Station #3 Report –Dave Kleist reported that the Fire Department has been busy, having gone
out on over 220 runs in 2012. They have had several accidents including a fatal accident at Cameron
and Clairemont. They were involved in a 4-H fair, will be involved with the Westgate Corn Fest, and
are running a truck in the Pure Water Days parade. The Department made $2,100.00 at the Country
Jam fundraiser. Dave was thankful for the opportunity and stated that he knows if that opportunity
arises next year they will be able to raise a lot more money.
They will need to replace the station lawn mower. This will be discussed at the next Fire Board
meeting.
Board Reports – MPO – No news to report. The next meeting will be next week.
Towns Association – Kelly Jacobs, Supervisor of the Ag. and Resource Center with Eau Claire County
Planning and Development, discussed how Towns have not been obtaining necessary permits for
driveway and road culverts. These permit regulations have been on the books for two years but have
not been enforced until now. The next meeting will be October 29th the annual picnic in the Town of
Seymour. One of the agenda items will be the DNR discussing culvert permits. Planning and
Development will be there to talk about erosion.
Tourism – No news to report.
Fire Board – No news to report.
Citizen Input –
Judy Bechard added input on the Sherman Creek land transfer, building inspector, Town Hall
maintenance, and road bids.
Review/approval of previous meeting’s minutes –
Jeff Bechard found one error in the July 17, 2012 minutes. Fred Belay made a motion to approve the
minutes with the approved correction. Gloria Bloom seconded the motion. Unanimously approved.
Treasurers Report – The Board reviewed and accepted the treasurer’s report.
Review/approval of Bills – A check register containing all bills from the last month was presented to
the board. Jeff Whyte made a motion to approve the bills. Gloria Bloom seconded the motion.
Unanimously approved.
Licenses Operator License and Underground Cable permits– Jeff Bechard made a motion to approve the
attached list containing two operators’ licenses and two underground cable permits. The operators’
licenses will expire June 30, 2013. Fred Belay seconded the motion. Unanimously approved
Constable Report – The constable was not present. Fred Belay stated that the Hestekin kennels have
still not been visited. Fred will contact Russ and they will inspect them together.
County P & D violations & correspondences – No P & D violations were received.
Set next meeting dates and agendas –
The next regular town meeting will be on Tuesday, September 11th at 6:30 p.m.
If necessary, the next Comprehensive Plan meeting will be on Thursday, September 6th at 6:30pm.
Gloria Bloom made a motion to adjourn. Fred Belay seconded. Unanimously approved.
Adjourn 8:49 pm