Town of Cooks Valley

Regular Town Board Meeting

August 8, 2011

Chairman Darrel Fehr called the meeting to order on August 8, 2011 at 8:02 pm.   The supervisors present:  David Clements and John Sykora.   Other officers present were:  Victoria Trinko-Clerk and Judith A. Prince-treasurer. See attached list for delegation present.
PUBLIC COMMENT:  Mark Berge, located directly south of Denny Schindler’s proposed mine site, asked what the town board is doing to deal with EOG.  He has concerns about air quality, water quality, truck traffic, dust control, and hours of operation.  There was discussion of water issues and the testing of water that has been addressed with Preferred Sands.  Mark Berge offered to be on a citizens committee, if needed, to address issues concerning the sand mining operation.  He would like the town board to work in a timely fashion about this issue.  There was discussion about the status of the Chapter 19 Non-Metallic Mining Ordinance.  Scott Johnson has talked with residents of the Town of Howard about their licensing ordinance and felt that ordinance was what made EOG come to the table to make an agreement.  There was discussion about money to pay for expenses involved with the mining issues.  No moratorium can be placed due to the judge’s ruling.  There were concerns that the wash plant may operate 24/7.  There was discussion about the term “commodities” and what it entails.  There was discussion about chemicals from the processing leaching into the water supply. 
Earl Hassemer reported on Saturday August 6 very noisy and frequent trucks started at 6:00am to 3:30 pm hauling gravel steadily on County Highway A. 
Discussion of zoning for the Town of Cooks Valley:  In the discussion, a general consensus was it may take a citizens group to deal with zoning which has many rules.  Supervisor David Clements talked with the Chairman of Spring Brook, which has zoning and the county superseded the town in regard to the sand mining which has started in the Spring Brook Township.  The town needs an ordinance to enforce engine breaking.  Doug Zwiefelhofer had concerns about zoning if in the future the board makeup may change and sentiments may favor non-farming residents and restrictions may be placed on the number of hours for operation, noise pollution, smells and hauling involved in the business of farming.   There was discussion about the zoning in the Comprehensive Plan that designated agricultural, residential and industrial areas.  Gary Yakesh felt the county would take over with zoning as they have the final say.    
David Clements made a motion to approve and place on file the minutes of July 11, 2011 regular town board meeting.  John Sykora seconded the motion.  The motion carried 3-0. 
Approval of the August Financial Report:   John Sykora made a motion to approve the August financial report.  David Clements seconded the motion.  The motion carried 3-0.    
Reading and Approval of the July Bills:  Darrel Fehr made a motion to approve the July bills.  David Clements seconded the motion.  The motion carried 3-0.
Discussion and possible action on budget categories:  no action was needed on this item.
Building Permits:   Chippewa Sand LLC-multiple structures, John Sykora-shop, William Swartz-remodeling, Rich Lofthus-roof, Chad Arendt-deck removal. 
Discussion and Possible Action on 60th Street-stream & road culvert project:  Chairman Darrel Fehr has contacted the DNR and land conservation office.  The land conservation office will be assessing the size and placement of needed culverts.  Abandonment of a road is a long and difficult process.  Darrel Fehr talked with Rich Kerns about the culvert size on 60th Street.  The cost of the culverts and project would occur in the 2012 budget.  This item was postponed until the next town meeting. 
Discussion and possible action on patching of 60th Street-road haul route:  Lines have been put on.  David Clements made a motion to patch 60th Street as to the County specifications and not to exceed $5,000.00 that comes out of the contingency fund.  John Sykora seconded the motion.  The motion carried 3-0.
Discussion and possible action on purchase of a printer for the Chairman’s computer:  David Clements made a motion to pay for the printer for the Chairman’s’ computer.  John Sykora seconded the motion.   The motion carried 3-0. 
Discussion and possible action on web site issue:  Earl Hassemer added a link that will allow the Chairman to add your email address if you want the agendas sent to you prior to the town meeting.  The Chairman will send the agenda to the submitted emails.  Earl Hassemer explained the history and cost of the town website. 
Discussion and possible approval of operators applications:   David Clements made a motion to approve the operators applications for 5 members of the Bloomer Rod & Gun Club.  Darrel Fehr seconded the motion.  The motion carried 3-0.
Discussion and possible action on variance of building permit-Isaac Schindler:  Plan Commission Chairman Doug Zwiefelhofer explained the variance of the black top placement by Isaac Schindler that was within the 100 feet setback from the center of the road right of way.  The plan commission recommended granting the building permit with the stipulation if the road needed to be widened, Isaac Schindler would have to cede land for the road widening, deal with the utilities and give up the blacktop.  David Clements made a motion to approve the building permit for Isaac Schindler contingent upon his signature of a letter from the Town of Cooks Valley stating he will cede land opposite the black top, pay for power lines, if the road needs to be reconstructed and payment of the fee for the building permit.  Darrel Fehr seconded the motion.  The motion carried 3-0.
Discussion and possible action on placement of “Children at Play” signs of 155th Avenue:  The chairman will contact Jan Rufledt about the “Children at Play” signs.  John Sykora made a motion to place the “Children at Play” signs on 155th Avenue.  Darrel Fehr seconded the motion.  The motion carried 3-0. 
Discussion and possible action on flex patching and crack sealing:  postponed until the next town meeting. The chairman will contact the businesses.
Discussion on water issues:  Daniel Flo, environmental scientist from Barr Engineering, sent a proposal to the chairman immediately prior to the meeting.  The proposal will be placed on the website and residents may make comments concerning the proposal.  This item was postponed until the next town board meeting. 
Chairman’s Report:

Dissemination of Information: 

FUTURE AGENDA ITEMS AND BUSINESS

ADJOURN:  David Clements made a motion to adjourn the meeting at 9:49 pm.  John Sykora seconded the motion.  The motion carried 3-0.

Typed:  August 11, 2011                                                            Respectfully submitted,  
Approved:  September 19, 2011                                                          Victoria Trinko, town clerk