Chairman Ron Fanetti called the meeting to order on March 15, 2010 at 7:32 pm. The supervisors present were: Gary Yakesh and David Clements. Other officers present were: Victoria Trinko-Clerk and Eunice Steinmetz-treasurer. See attached list for delegation present.
PUBLIC COMMENT: There was no public comment.
Gary Yakesh made a motion to approve and place on file the minutes of February 8, 2010 regular town board meeting. David Clements seconded the motion. The motion carried 3-0.
David Clements made a motion to approve the March financial report. Gary Yakesh seconded the motion. The motion carried 3-0.
Gary Yakesh made a motion to approve the February bills. David Clements seconded the motion. The motion carried 3-0.
Discussion and possible action on budget categories: Gary Yakesh made a motion to move $2500.00 from unallocated funds into a new category ‘Focus on Energy’ and transfer $479.00 of that amount into U-138 Town Hall Maintenance and Repairs leaving $2021.00 remaining in ‘Focus on Energy’ category and $100.00 from unallocated funds into a new category ‘GAB’ leaving a total amount of $9400.00 in unallocated funds. David Clements seconded the motion the motion carried 3-0.
Discussion of Focus on Energy and G.A.B. Survey rebates: At this time, the town board has spent $479.00 of the $2500.00 allotted Focus on Energy rebate.
Notice of Claim—Loran Zwiefelhofer-sanding charges: This notice of claim will be postponed until the next regular monthly meeting. Supervisor David Clements would like to consult with the Chippewa County Highway Dept. driver who spread the sand in regards to the amount of sand used and amount of area in question that was sanded.
Bob Irwin to present information relevant to David & Dawn LaGesse-tax under protest: Assessor Bob Irwin explained that two notices of personal property were sent to David LaGesse. When David LaGesse attended the open book session in May 2009, he did not address, mention, or question the personal property notice for the mobile home. Bob Irwin read the notice of claim from David & Dawn LaGesse which cited Wis. Statute 74.35 Recovery of unlawful taxes. Assessor Bob Irwin also read the definition, claim against taxation district and the conditions the claim should meet under the law. He stated he had informed David LaGesse at the time of his phone calls that he was unable to correct the personal property notice as the Board of Review had been completed. However , in a phone call with Dawn LaGesse in the month prior to this meeting, he informed Dawn LaGesse if a copy of the title was provided to him providing the name of the owner of the personal property [mobile home], the change could be made for this taxation year. He has not received a copy of the title at this time. David LaGesse said he received his personal property notice but did not look at it closely and see there were two notices as he has always received a personal property notice for equipment and so did not bring the matter up at the Open Book. He maintained he talked with Assessor Bob Irwin at the end of his driveway and Bob wrote down David LaGesse’s son’s name, address, and phone number. David LaGesse thought that cleared up the ownership of the personal property. David LaGesse said he filed this claim because he felt he was taxed for something that he does not own, he should not have to pay the taxes and did not want to pay some else’s taxes next year. Assessor Bob Irwin reaffirmed that all he needed to correct this personal property notice [mobile home] for the next year’s taxes was a copy of the title stating who owns the mobile home. At this time Bob Irwin suggested David LaGesse could settle with his son on the payment of the taxes on the mobile home for the last year. David LaGesse affirmed he would be able to obtain a copy of the title and would be able to send it to the assessor. Chairman Ron Fanetti conferred with Assessor Bob Irwin and it was agreed the town board does not have the duty of assessing or determining real estate or personal property taxes. Bob Irwin stated the claim made by David & Dawn LaGesse did not meet all the conditions stated in Wis. Statute 74.35 in specifically 74.35(2)(b). State the alleged circumstances giving rise to the claim, including the basis for the claim as specified in s74(1) (a) to (e). Township Attorney Glenn Stoddard advised denying
this claim in conjunction with the evidence as presented by Assessor Bob Irwin that the claim did not meet statutory requirements. Gary Yakesh made a motion to deny the claim of Dawn & David LaGesse (tax under protest) as it does not meet the requirements of the Wis. Statute and a copy of the title for the personal property [mobile home] should be sent to the town assessor to clarify ownership of the mobile home. David Clements seconded the motion. The motion carried 3-0.
Land Use Map: The land use map has been put into the correct format.
Discussion of bids for 60th Street Construction: The chairman requested a special meeting on March 29, 2010 at 8:00 pm to discuss the procedures, requirements, and specifics for placing bids for the 60th Street construction. Charlie Rosenbrook inquired about the installment of field driveways. The Town Board informed Charlie and Deb Rosenbrook that the first driveway/culvert is their responsibility and following that installation the Town of Cooks Valley will fix the driveway/culvert (if neede0, whenever the road is repaired. They were also informed to get a driveway permit and install the driveway immediately so that the Town of Cooks Valley can put the finishing touches on the driveway when the town finishes repairing the road this summer.
Fire Extinguishers: The extinguishers need to be replaced as they will be difficult to refill with their plastic tops and have not been inspected within the mandated time frame. Gary Yakesh made a motion that the town clerk purchase 2 fire extinguishers with metal tops, not to exceed $120.00. David Clements seconded the motion. The motion carried 3-0.
Discussion and possible action on setting the date of open book and Board of Review: Gary Yakesh made a motion for the Chairman Ron Fanetti to set the date for the Open Book and Board of Review. David Clements seconded the motion. The motion carried 3-0.
Plan commission membership: According to records, Chris DeGidio is up for reappointment in March. The chairman will send a letter to Chris DeGidio concerning reappointment.
Dissemination of Information:
Attorney Glenn Stoddard discussed sending Marie Anderson a letter informing her of her obligation to obtain a building permit for the newly constructed home in the Town of Cooks Valley. Various addresses were submitted as to where to send this letter. It was determined to send letters to all three addresses.
Gary Yakesh made a motion to go into closed session at 8:35 pm , pursuant to Wis. Statute 19.83 and 19.85(1)(g), to confer on oral advice concerning strategy to be adopted by the Town Board with respect to litigation in which the town is involved . David Clements seconded the motion. The motion carried 3-0.
Gary Yakesh made a motion to go into open session at 8:57 pm. David Clements seconded the motion. The motion carried 3-0. No action was take in closed session
ADJOURN: David Clements made a motion to adjourn the meeting at 8:58 pm. Gary Yakesh seconded the motion. The motion carried 3-0.
Typed March 16, 2010 Respectfully submitted,
Approved April 12, 2010 Victoria Trinko, town clerk