TOWN OF COOKS VALLEY
Special Town Board Meeting
August 30, 2017
The Special Town Board meeting of the Town of Cooks Valley was called to order on August 30, 2017 at the Cooks Valley town hall located at 15751 40th Street at 10:00 am by Chairman Darrel Fehr. Supervisors present were David Clements and Matt Borofka. Other town official present was Victoria Trinko-clerk.
Interviews with candidates for position of town attorney:
Ben Lane, attorney prosecutor with Weld, Riley, Prenn, and Ricci, represents the town of Wheaton, Eagle Point, LaFayette, and Cleveland and City of Bloomer. His background is in road location and real estate. His regular rate is $200.00 per hour but gives a reduced rate of $125.00 per hour for towns, with no retainer fee. Billing is monthly when consulting. There is no charge for mileage or interest charge with billing beginning from the time of leaving his office until returning to the office.
There was discussion of a conflict of interests with prior clients, new clients and type of issue. The Town of Cooks Valley would be referred to other attorneys if there is a conflict of interest with prior clients.
Terry Dunst, attorney with Bakke, Norman of New Richmond, Baldwin and Menomonie, has been doing municipal law for ten years. He worked with the Town of Howard on municipal law but not sand mining issues. He has worked with Pierce and Dunn County, City of Ladysmith with setting up ordinances, road agreements, closed sessions, and real estate. There are twelve attorneys with the firm [two do employment law], others deal with real estate law, the Town of Hudson dealing with subdivision laws, zoning, plan commission, in suburban Hudson. In the Town of Arland, in Barron County, they worked with sand mines dealing with development agreements and fees. The SS mining is asking for an amendment to dig below the ground water level.
The fees are $185.00 per hour, $275.00 per hour for sand mine work and litigation with no retainer fee. There is a flat fee for general work. There is no fee rate increase this year but will be reviewing their budget before towns prepare their budgets in the fall. Bills would be monthly with no interest fee.
They have not represented any sand mine companies in the Town of Cooks Valley but will check on prior clients for a conflict of interest. Firm prosecution lawyers would represent the Town of Cooks Valley in court or an attorney from Eau Claire for ordinances.
David Clements made a motion to hire Ben Lane for the position of attorney for the Town of Cooks Valley. Matthew Borofka seconded the motion. The motion carried 2-1.
Discussion on road repair on 160th Avenue: Dave Jaenke suggested to the Chairman constructing a ¾ inch wedge to level it out, let it set for a year. Patching could be done by the County. In the future, the Town of Cooks Valley could do a 2 inch overlay with light shouldering.
Adjourn: Darrel Fehr made a motion to adjourn at 11:12 am. Matt Borofka seconded the motion. The motion carried 3-0.
Typed: September 9, 2017 Respectfully submitted
Approved: Victoria Trinko -Town Clerk