Chairman Ron Fanetti called the meeting to order on September 14, 2009 at 8:02 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: David Clements directed inquires to David Jaenke of Monarch Paving about forward contracting for black top 2.7 miles on 60th Street. The town board is interested in locking in prices on projects of phase 1 pulverizing, grading and rolling, phase 2 black topping and phase 3 shouldering. Monarch Paving would consider forward contracting if the Town of Cooks Valley would bid it out for 2010. The town board agreed the project would be bid out and this item would be placed on the October town board meeting agenda.
Attorney Nodolf requested to reserve public comment on item #9 when it was under discussion during the meeting. Attorney Nodolf also questioned Chairman Fanetti whether he had a phone call or a report concerning David LaGesse hauling out of his pit during the mining moratorium and if so why the Chairman did not cite him? He also inquired if the chairman had knowledge of who had made the report or conversation? Chairman Fanetti informed Attorney Nodolf that he had received the report and knew the person who had called him. Chairman Fanetti also informed Attorney Nodolf that he felt the report should have been in writing, dated and signed before issuing a citation. Attorney Nodolf inquired if David LaGesse was hauling was he subject to our ordinance and is David LaGesse’s pit subject to the town’s mining ordinance? The board felt David LaGesse’s pit is subject to our ordinance when it exceeds one acre. Attorney Nodolf asked if the board had received any complaints whether Mark Clements and David Michels were doing any non-metallic mining during the mining moratorium. The board had not received or heard any reports concerning Mark Clements or David Michels. Attorney Nodolf informed the board he has information concerning Mark Clements and David Michels doing non-metallic mining activities during the mining moratorium and he will forward the information to the board.
Gary Yakesh made a motion to approve and place on file the minutes of August 10, 2009 regular town board meeting and the minutes of the September 11, 2009 special meeting, David Clements seconded the motion. The motion carried 3-0.
David Clements made a motion to approve the September 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: David Clements made a motion to transfer $200.00 from Non-allocated Funds to B-073 Printing & publication with a remaining total of $11,394.00 in Non-allocated Funds. Gary Yakesh seconded the motion. The motion carried 3-0.
Discussion regarding possible ATV Ordinance: Chairman Fanetti reported there are no funds available from the DNR or the State of Wisconsin for signage. This item was postponed until the next regular town board meeting.
Rejuvenation of 60th Street-field culverts, ditch cleanout: Work has begun on the culverts and attempting to put a liner through a culvert by Brian Bowe’s residence.. Work on the west side of the road is being done in an attempt to dry out the road bed.
Discussion of scheduling an informational meeting re. Sam LaGesse/reclamation plan: The Chairman read the letter he had received from Dan Masterpole and related that Dan Masterpole had called him to inform him about possibly scheduling an informational meeting. Attorney Nodolf wanted to know under what regulatory authority the board could call an information meeting? Attorney Nodolf informed the board Sam LaGesse will proceed with non-metallic mining when he receives his reclamation permit; the board should contact the town’s lawyer prior to enforcing our mining ordinance [which Attorney Nodolf considers invalid]; and if the board would take action it would have to be an injunction or fine and the town should contact our lawyer before proceeding with those actions.
Dissemination of Information: building permit-Mark Rihn, Richard Koehler [who is seeking a variance]. Spectrum Insurance inquired if the town would consider switching insurance carriers. MFL –received money from timber harvested from land in MFL, and the Chippewa County Clerk Association will be conducting poll worker training workshops.
Update of road projects progress: we will proceed with flex patching and crack sealing with Fahrner, the census bureau wanted information concerning possible temporary shelters or benches for homeless to spend the night in the Town of Cooks Valley, and there were no fire or ambulance calls in the township.
FUTURE AGENDA ITEMS AND BUSINESS:
David Clements made a motion to go into closed session to discuss litigation in which the Town is involved relative to the Town’s existing mining ordinance. Gary Yakesh seconded the motion. The motion carried 3-0.
David Clements made a motion to go into open session. Gary Yakesh seconded the motion. The motion carried 3-0. No action was taken on any item during closed session.
ADJOURN: David Clements made a motion to adjourn the meeting at 9:15 pm. Gary Yakesh seconded the motion. The motion carried 3-0.
Typed October 2, 2009 Respectfully submitted,
Approved October 5, 2009 Victoria Trinko, town clerk