Town of Cooks Valley

Regular Town Board Meeting

September 13, 2010

Chairman Ronald Fanetti called the meeting to order on September 13, 2010 at 8:00 pm via speaker phone.   The supervisors present were: David Clements and Gary Yakesh.  Other officers present were:  Victoria Trinko-Clerk and Eunice Steinmetz-treasurer. See attached list for delegation present.
PUBLIC COMMENT:  Attorney Brian Nodolf inquired whether the town board would convene into closed session.  When informed the town board would be doing so, Attorney Nodolf informed the board to check with Attorney Glenn Stoddard about the town’s notice on convening into closed session.  Attorney Nodolf wants the board to list a general idea of convening into closed session.  The town clerk informed those present that Attorney Stoddard had requested the clerk to send a copy of the town’s agenda posting with the closed session notice  and Attorney Stoddard felt the notice was adequate.
Gary Yakesh made a motion to approve and place on file the minutes of August 9, 2010 regular town board meeting and the August 26, 2010 special meeting. David Clements seconded the motion.  The motion carried 3-0.  Chairman Ron Fanetti inquired if someone had contacted Sue Swartz about attending the Humane Officer Training.  The town clerk had talked to Sue Swartz and she was interested in the training, but could not afford it and would like to attend with another person who could drive to Madison.  This issue may be addressed next year.
Supervisor Gary Yakesh inquired about the bill concerning the Chippewa County Highway Dept. maintenance of highway drainage.  David Clements made a motion to approve the August financial report.  Gary Yakesh seconded the motion.  The motion carried 3-0. 
Gary Yakesh made a motion to approve the August bills.  David Clements seconded the motion.  The motion carried 3-0.  
Discussion and possible action on budget categories:  No action was taken on budget categories.
Building Permits:  Dawn LaGesse submitted paperwork for Ryan & Brenda LaGesse -house, Debra & Dean Rosenbrook –shed.
Discussion and possible action of request to Eunice Steinmetz:  Town Treasurer Eunice Steinmetz received two requests from two different title companies for special assessments for the same tax parcel and inquired as to the legality and responsibility of responding to both requests.  The town treasurer had called both companies and they were puzzled as to why they were both requested to send the paperwork.   Since the name listed on the request form from Vinopal Title & Abstract, LLC  was C&M Properties and Construction, Inc. and the name listed on Hometown Title Co. was Marie A. Anderson,  the town treasurer also met with the County Treasurer, Patricia Schimmel, to determine the identity of C&M Properties and Construction, Inc.  The County Treasurer informed the town treasurer that C&M Properties and Construction, Inc. was Marie Anderson.  The town board had also received a letter from Attorney Nodolf informing them of the fact that the letter addressed to Marie Anderson regarding a building permit should have been addressed to Marie Anderson Properties, LLC instead of Marie Anderson.  Due to the fact Attorney Nodolf and Marie Anderson were present at the meeting; the town board asked them to clear up the confusion with the names, companies, and requests.   Marie Anderson stated she was not at the meeting to talk about this matter; did not know about the names, companies, or what particular property parcel the requests were addressing.  Attorney Nodolf denied any knowledge of the matter and stated the matter was personal information.  In further discussion, the tax parcel was noted as the correct number, recorded in April of 2004 and there were no special assessments. The town board concluded the treasurer should not return the paperwork until the legality and authenticity of the requests were determined.  Attorney Nodolf informed the board as there no special assessments the treasurer should return the paperwork to the Hometown Title Co. and dispose of the Vinopal Title & Abstract, LLC  request.  Further discussion yielded information that Attorney Nodolf had knowledge of the two requests and Marie Anderson informed the board she had contacted the Vinopal Title & Abstract,  LLC  but had not given them the job, [she and C&M Properties and Construction, Inc. are one in the same], and the tax parcel previously unknown to her was being closed upon the following day.  This parcel is in Farmland Preservation and may not be built upon until 2011.  Therefore, with all the facts known, the town board requested the town treasurer to respond to the form mailed by the Hometown Title Co.
Discussion and possible action on building permit refusal-Marie Anderson:  More information was required by Attorney Stoddard as a response to the boards’ letter  was received the previous Friday from Attorney Nodolf.  David Clements made a motion to postpone this item until the October monthly town board meeting.  Gary Yakesh seconded the motion.  The motion carried 3-0.
Discussion and possible action on purchase of road safety signage and equipment:  Due to calls about fallen trees and other road incidences to the chairman, supervisors, and Vernon Steinmetz, safety equipment is needed.  David Clements made a motion to purchase road safety signage and equipment not to exceed $2000.00.  Gary Yakesh seconded the motion.  The motion carried 3-0.  An order will be sent in for the equipment [triangles, cones, etc.].
Nomination and approval of a member to the plan commission:  Scott Johnson was nominated to the plan commission by Chairman Ron Fanetti.  Gary Yakesh made a motion to approve Scott Johnson as a member to t the plan commission.  David Clements seconded the motion.  The motion carried 3-0.  Chairman Ron Fanetti will call Scott Johnson to inform him of the placement on the plan commission. 

Chairman’s Report:

Dissemination of Information:  

FUTURE AGENDA ITEMS AND BUSINESS

David Clements made a motion to go into closed session pursuant to Wis. Statutes 19.83 & 19.85 (1) (g) to confer with the Town’s attorney with respect to litigation in which the Town is involved.  Gary Yakesh seconded the motion.  Roll call vote:  Ron Fanetti-aye, David Clements-aye, Gary Yakesh-aye. The motion carried 3-0.  David Clements made a motion to go into open session.  Gary Yakesh seconded the motion.  Ron Fanetti-aye, David Clements-aye, Gary Yakesh-aye. The motion carried 3-0.  David Clements reported receiving information from Joe Thrasher, our representative from Rural Insurance representing our case, that Rural Insurance would pay expenses for an appeal in the case of Zwiefelhofer vs. Town of Cooks Valley.  David Clements made a motion to proceed with the appeal and Attorney Glenn Stoddard will assist with fee not to exceed $3000.00.  Gary Yakesh seconded the motion.  The motion carried 3-0. 
ADJOURN:  Gary Yakesh made a motion to adjourn the meeting at 9:11 pm.  Gary Yakesh seconded the motion.  The motion carried 3-0.

Typed September 20, 2010                                                          Respectfully submitted,  
Approved  October 11, 2010                                                     Victoria Trinko, town clerk