Town of Cooks Valley

Regular Town Board Meeting

May 8, 2017


Chairman Darrel Fehr called the meeting to order on May 8, 2017 at 7:30 pm.   The supervisors present were:  David Clements and Matt Borofka.  Other officers present were: Victoria Trinko-clerk and Judith A. Prince-treasurer.    See attached attendance sheet.
Recitation of Pledge of Allegiance by delegation present.
Certification of proper posting for the scheduled town board meeting: The notice for the May town board meeting was duly posted on May 2, 2017 in the 3 designated places within the Town of Cooks Valley. 
Public Comment:  David Kelm Jr. had his property surveyed and presented the CSM to the town board.  Following the survey, a discrepancy of property lines was discovered between the property owners.  This is to be resolved and David Kelm Jr. would like this item placed on the next month’s agenda.  The board suggested David Kelm Jr. submit the CMS to Doug Clary to have it registered with the County and then bring it back to the board.
Darrel Fehr made a motion to move item 11 to item 5.  Matt Borofka seconded the motion.  The motion carried 3-0.
Discussion and possible action on amendment to EOG non-metallic mine permit: Dave Bokor read the section 3.3.6 from the EOG Non-metallic Mining Permit dealing with truck traffic during school hours and submitted a proposal to remove the section from the EOG Non-Metallic Mining Permit.  Dave Bokor stated due to the school bus break, EOG has been impacted by 2-3 hours loss of production daily while holding the trucks to prevent buildup on the truck route roads.  Lance Trucking has hauled 115,000 loads and have logged almost 4.4 million miles without an incident.  Lance Trucking is presently hauling the sand.  Because of the loss of production and safety record of Lance Trucking, EOG feels this would be a reasonable amendment to the non-metallic mining permit.
Q.  Have you tried slowing the trucks down?  A.  EOG does not feel that would be possible to do without causing a congregating of trucks on roads.  They have resumed limited trucking last week with 6 am – 4 pm working hours with 20 trucks in the loop. At the peak of production, there were at 42 trucks in the loop.  Q.  Has a community pickup spot been considered?  A.  EOG has not considered it.  The board made a suggestion of trying the proposal of not delaying the trucks and see how it works.  If there is an accident, EOG would reinstate the section 3.3.6.  The trial indicator will be until the end of May.  Q.  How long would you be hauling out of the DS mine? It   could be less than this year or to the end of the year. 
Chairman Darrel Fehr suggested a proposal from the board while this amendment is being considered of lowering the annual fee to $150.00 and keeping the annual permit review for the perpetual working of the mine.  Dave Bokor and John Behling, attorney for EOG, said they would work on this proposal.  This item will be placed the on the board’s next monthly meeting.  Darrel Fehr made a motion to grant permission for a temporary road trial to run the trucks during school hour pickup.  Matt Borofka seconded the motion.  The motion carried 3-0.
Discussion and possible action on budget categories: There was no action taken. 
Approval of the April 10, 2017 regular monthly town board meeting and April 3, 2017, April 13, 2017 PurFrac special meeting, April 13, 2017 EOG special meeting, and April 17, 2017 bid special meeting 
David Clements made a motion to approve the April 10, 2017 regular monthly town board meeting and April 3, 2017, April 13, 2017 PurFrac special meeting, April 13, 2017 EOG special meeting, and April 17, 2017 bid special meeting the meetings.  Darrel Fehr seconded the motion.  The motion carried 3-0.
Reading by Treasurer of April financial report:  The ending balance as of April 30, 2017 was $102,629.58 with the total assets-$266,906.19.
Reading and Approval of the April Bills:  Darrel Fehr made a motion to approve the check vouchers #4347-#4371 for payment of the April bills.  Matt seconded the motion.  The motion carried 3-0.                                                                                                                                                                                                     
Building permits:  There were no building permits.
Discussion and possible action of pertaining to the plan commission:  Doug Zwiefelhofer, chairman, reported the plan commission had a meeting on May 3, 2017.  Andy and Erin Borofka whose house now sits 78 ft. from the centerline requested a variance of 62 feet from the centerline for the addition of a patio.  Since the patio is not a formal room; they will install a Y-turn in their driveway; and the stop sign has traffic slowed; the plan commission made a motion to recommend to the board to approve Andy and Erin Borofka’s request for a variance.
There was also discussion of development of a landfill ordinance.  Sample ordinance copies were distributed to plan commission members to read and review.  There will be an inquiry if a County landfill ordinance exists.  Dan Masterpole said the County wouldn’t permit a landfill where the land has sandstone bedrock.  Copies of the survey circulated in the development of the Comprehensive Land plan were distributed to the members for review.  There was discussion of what is a land comprehensive plan.  A land comprehensive plan was presented to state to indicate what direction we are taking our town.  The plan commission needs to revise and review the Comprehensive Land Plan by 2020.  Questions posed by the plan commission were:  Why and how would you find time to fill out the survey?  How do we know what the township wants if a small number of residents complete the survey?  The last survey was too long and some questions did not pertain to the township.  The plan commission made a motion to start to review and revise the land comprehensive plan and if they need additional information, they will do a survey or find an alternative way to get pertinent information.  If there are no variance requests, the plan commission will have a meeting in August.   The chairman made a request for the clerk to make at least six copies of the Land Comprehensive Plan for the plan commission to make revisions and updates.   Darrel Fehr made a motion to approve the request for variance for a setback by Erin and Andy Borofka for the addition to their home.  Matt Borofka seconded the motion.  The motion carried 3-0. 
Chairman’s report: – Fire Dept.  There were no fire calls in the Town of Cooks Valley in the month of April.  Mine Roads - Supervisor David Clements reports on his inquiries to the WTA:  Mines- There are no state statutes dealing with mine moratoriums.  How do we hold up the development of a mine?  If a town has village powers, a process would be the need to investigate for a period of six months to gather information about the impacts of a mine and  if the information is not gathered, get an extension and investigate for another six months.
Roads- When reconstructing a town road with a mine company, the town sets the road specifications, and the mine company hires the contractor of their choosing, no bids are required, the mine company pays the town and the town pays the contractor.  This is the process for the reconstruction of a town road where the mine pays for the road.  The town can claim imminent domain of the road. 
Regarding the Chippewa mine- if they want to extend the existing mine but there is no reclamation plan, It is considered a new mine and the process starts from square one.  It is considered a new entity and therefore a new contract/permit is needed.  Chairman Darrel Fehr talked with Dan Masterpole and he indicated a variable may be if they have/haven’t certified mineral rights.   
Dissemination of Information-Clerk’s report:   Distribution of WTA membership cards, minutes of the Town/Fire/Ambulance meeting, UW-extension workshops, discussion of deluxe echecks, Focus on Energy bulletin, will inquire about booklets from County dealing with elected officials and depts. of the county and new plat books when available.
Future agenda items and business:
Pledge of allegiance, Discussion and possible action on budget categories, Building permits, on concerns pertaining to the Plan commission, minutes of the May 8, 2017 meeting,   EOG amendment to non-metallic mining permit, payment for ditch cleaning, CSM Map David Kelm Jr., approval of Alcohol license applications,   
The next meeting will be June 19, 2017 at 7:30 pm.  This meeting will be one week later than the regular schedule,  
The road inspection committee will inspect the town roads on May 10, 2017
The Board of Review will be on May 22, 2017 with open book 4-6 pm and the board of review 6-8 pm.
The cemetery meeting will be on June 19, 2017 following the regular board meeting.
Adjourn:  Darrel Fehr made a motion to adjourn at 8:32 pm.  David Clements seconded the motion.  The motion carried 3-0.            
Typed:          May 9, 2017                                                                    Respectfully Submitted,
Approved:  June 19, 2017                                                          Victoria Trinko-town clerk