Town of Cooks Valley

Regular Town Board Meeting

November 14, 2011

Chairman Darrel Fehr called the meeting to order on November 14, 2011 at 8:00 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.
Certification of proper posting for the scheduled town board meeting:  The notice for the November town board meeting was duly posted on November 10, 2011 in the 3 designated places within the Town of Cooks Valley. 
PUBLIC COMMENT:  Victoria Trinko questioned whether the variance to not require an air monitor requested by Preferred Sands has been approved as of this date and whether a variance has been requested by Chippewa Sands.  She has left a message with Tom Woletz of the DNR air management as to the status of these possible variances.  Comments by Chairman Darrel Fehr and supervisor David Clements indicated their understanding was that the variances were for the plant sites not the mine sites.   Earl Hassemer inquired about the ruling on tarping loads on trucks.  Sheriff James Kowalczyk commented that tarping depends on the type of material being hauled.  However, if there is spillage from the material not required to be tarped the Sheriff’s Dept. should be notified as this would be a safety hazard. 
Comment by the Chippewa County Sheriff’s Dept-noise pollution:  Sheriff James Kowalczyk reported the Sheriff’s Dept. can not enforce a noise pollution violation as there is no county law concerning noise pollution.  A Town may pass a noise pollution ordinance but the Sheriff’s Dept. cannot enforce a town ordinance.  A Town would need a sworn officer to enforce all ordinances [a constable or officer can not enforce only one ordinance], a car,   a method of enforcement, and a method to prosecute a violator.  A prosecutor, possibly Town attorney, is needed as the DA or county official can not prosecute for town ordinances.  The Sheriffs’ Dept. can enforce all speeding zones, equipment violations [overweight, load spillage covered loads, stop signs, no muffler] within the township.  Cities and village have noise pollution ordinances [jake braking] because they have a police force in place to implement the ordinance as to citations, enforcements, and prosecutions. 
Comment by Chippewa County Sheriff’s Dept.-concealed gun law:  There are no restrictions on who can post for the carry and conceal law.  Places where guns are not allowed; police dept. courthouses, prisons, schools, municipal courthouses, airports- past security, and universities.  The fee for a concealed carry permit is $50.00 for a 5 year permit.  Rules for training for a permit are still being determined at the state level.   
Discussion and possible action on budget categories:  Darrel Fehr made a motion to transfer $10.00 from B-076 board mileage to B-075 WTA convention.  David Clements seconded the motion.  The motion carried 3-0.  David Clements made a motion to transfer $560.00 from non-allocated funds to U-138 Town hall maintenance.  John Sykora seconded the motion.  The motion carried 3-0.
David Clements made a motion to approve and place on file the minutes of October 10, 2011 regular town board meeting.  John Sykora seconded the motion.  The motion carried 3-0. 
Approval of the November Financial Report:   John Sykora made a motion to approve the November financial report.  David Clements seconded the motion.  The motion carried 3-0. 
 Reading and Approval of the October bills:  David Clements made a motion to approve the September bills.  John Sykora seconded the motion.  The motion carried 3-0.
Building Permits:   Scott Schindler, Carey Davis
Resolution for Humane Officer position:  Calvin Swartz reported he has had difficulty obtaining insurance coverage and the Town cannot provide coverage as the Town does not own the land.  Calvin will be reviewing the contract to reflect the increased cost of insurance, forms, audits, adoption procedures, and surrender fees.  John Sykora made a motion to postpone this item until the December meeting.  Darrel Fehr seconded the motion.  The motion carried 3-0. 
Discussion and possible action on reauthorization of payment for the new fire truck:  The cost of a new fire truck will be more than the $396,446.00 proposed as the fire chief used last year’s figures in the calculation of cost.   The Town of Cooks Valley’s portion will now be $47,091.66 instead of $41,463.00.  Darrel Fehr made a motion to reauthorize payment of $47, 091.66 Town of Cooks Valley’s portion for the purchase of a new fire truck for the Bloomer Fire Dept.  David Clements seconded the motion.  The motion carried 3-0.  When the bill from the City of Bloomer is submitted for the new fire truck, CD’s that have been allotted for this purpose will be cashed to pay for the new fire truck.
Discussion and possible action on Noise Pollution Ordinance:  John Sykora made a motion to remove item 13 and 14 from the agenda David Clements seconded the motion.  The motion carried 3-0.
Discussion on constable for the Town of Cooks Valley:  this item was removed from the agenda by the previous motion. Discussion on county approval of ordinances: Doug Clary of the zoning office is waiting for the Supreme Court ruling on the Chapter 19-Non-metallic Mining Ordinance and then the town may send the land use ordinances to his office.  Oral arguments for the Chapter 19 Non-metallic mining ordinance will be heard on Dec. 2, 2011.  Darrel Fehr Made a motion to remove item 15 from the agenda.  David Clements seconded the motion.  The motion carried 3-0.
Possible approval of reimbursement for WTA workshop for board attendees:  Darrel Fehr made a motion to approve reimbursement for board members attendance to the WTA workshop.  David Clements seconded the motion.  The motion carried 2-1. 
Possible approval of appointment of deputy treasurer and pay scale:  John Sykora made a motion to approve the appointment of Eunice Steinmetz as deputy treasurer at $10.00/hr. not to exceed $300.00, an estimated 30 hrs.  David Clements seconded the motion.  The motion carried 3-0. 
Approval of operators application-Larry T. Loew-Bloomer Rod & Gun Club:  David Clements made a motion to approve the operators application of Larry T. Loew-Bloomer Rod & Gun Club.  John Sykora seconded the motion.  The motion carried 3-0.  

Chairman’s Report:

Dissemination of Information: 

FUTURE AGENDA ITEMS AND BUSINESS

ADJOURN:  John Sykora made a motion to adjourn the meeting at 9:44 pm.  David Clements seconded the motion.  The motion carried 3-0.

Typed:  November 21, 211                                                                  Respectfully submitted,  
Approved:  December 12, 2011                                                 Victoria Trinko, town clerk