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June 29, 2012 Joint Mtg w/CESD-LSD #2-USDA-DNR Minutes
Country Estates Sanitary District
6978 Prairie Lane
Burlington, WI 53105
(262) 767 – 8690
CESD Special Meeting – May 29, 2012
USDA Project/Sampling Station
Present: Doug Day ( President – CESD); Robert Phillips (Secretary – CESD); Jim Miller (Treasurer – CESD); Cynthia Ganka (Superintendent – CESD); Patrick Prahl (Operator – CESD); Tim Andringa (Attorney for CESD – CMH Law); Brandon Foss (Engineer for CESD – Crispell Snyder); Bill Henningfield (Lyont Town Board); Dave Held ( Property Owner – Held Farms); James DeLuca ( President – LSD #2); Dick Blackburn (Treasurer – LSD #2); Ted Lightfield (Secretary – LSD #2); Donna Prochaka (LSD #2 Secretary); Bob Biedrzycki (Operator – LSD #2); Michael Dubis (Attorney for LSD #2 – Michael Dubis S.C.); Christopher Schultz (Attorney for LSD #2 – Michael Dubis S.C.); Gary D. Hoffman ( Attorney for LSD #2 – Michael Dubis S.C.); Jim Smith (Engineer for LSD #2 – Applied Technologies); Brian Hudson (Rural Development – USDA); Rhoda Fleming (Rural Development – USDA) and Melissa Cook (DNR – Parks & Trails).
Rhoda Fleming opened the meeting at 9:36 a.m. having everyone in attendance introduce themselves. Mike Dubis asked if Bill Henningfield was the only one from the Town Board in attendance. Doug Day answered yes that he was there representing CESD and that he did not believe that there could be a quorum of the Town Board because the Town Board did not have a agenda posted for this meeting. Bill Henningfield stated that he thought that Karla Hill had posted an agenda. Rhoda went on to explain that the reason for the meeting was to see if there was a location for the sampling station which was included as part of the current USDA grant/project approved for CESD. She went on to explain that the construction needed to be complete by July of 2012 and if not that a request for an extension would need to be submitted for approval. She also added that the funding left in this project is all grant funding.
Jim Smith explained that Brandon Foss had drawings where the sampling station was located within the DNR trail. Tim Andringa mentioned that he was under the understanding that there were three (3) locations that were looked at that were 100 ft. outside the DNR trail easement: 1.) Between the North/South Railroad Streets. 2.) Behind the Town Hall. 3.) Here at the end of the forcemain just off of Church Street. It was a below ground structure that was submitted. Brandon Foss concurred but added that underground was a manhole in which grab samples could pulled. He went on to explain that the forcemain runs under the bicycle trail and it is gravity forced. In order not to interrupt that gravity flow it was determined the best location would be here off of Church Street. The Town Board denied granting an easement for an underground sampling station or manhole. Jim Smith stated that the manhole on Church Street could be replaced with a sampling manhole. Bill Henningfield stated that the manhole on Church Street is already being used for sampling. Brandon Foss stated that yes they have been sampling from that manhole however there were safety issues with using that manhole. He added that from an engineering viewpoint you could put the underground adjacent to the current manhole. Cindy Ganka asked, if it would need an electrical tower? Brandon answered, yes if it needed to be SCADA ready.
Jim Smith asked now that Melissa Cook is here can we ask her if we can put it on the DNR trail. Melissa answered that it would need to meet D.O.T. regulations. She went on to explain that railroads can convert to use at any time. Congress passed an Act back in the 1960’s allowing the purchase of a railroad easement. Whoever granted the right to put the force main under the railroad right-of-way did not follow Trans 29 codes. Trans 29 will allow utilities in the outer 5’ of the corridor however it does not allow 8’ x 8’ or 12’ x 12’ buildings in this corridor also no manhole covers of this size. If you were going to consider a below ground structure that would have to be submitted for approval. She went on to explain that for safety reasons they would prefer no access to the corridor. Brandon stated that he thought the force main was 30 feet outside of the corridor. Melissa stated that she would need to see physically where it would be placed and she asked if this structure would need to be accessed by a truck? If so, that would be a safety issue having a vehicle parked on the trail. She went on to explain that in the winter there are snowmobiles accessing this trail and in the spring and summer there are hikers and bikers.
CESD Special Meeting – May 29, 2012 Page 2
Jim Smith had mentioned possibly having both a manhole and a vault which would contain the equipment. Brandon went on to ask, if Lyons District #2 was now discussing possibly 2 below ground structures - one being a manhole and the other a confined space vault which would hold all the equipment? Melissa Cook asked a shallow vault underground and nothing above ground? Tim Andringa stated that this was the first time anyone mentioned having 2 below ground structures. Jim Smith stated that the vault would be a confined space roughly 6’ x 6’ which would contained the directional board and the electrical could be ran to the electrical pole underground. Jim DeLuca stated that CESD was suppose to have designed this. We are now looking at going underground and Jim Smith has been training our staff for underground/confined space entry. He went on to explain safety issues when going into confined spaces. He added that these vaults have been designed and installed in other Districts including the City of Milwaukee. The idea of an underground vault and running the power underground to the pole was new to everyone except Lyons District No. 2. Melissa Cook stated that they would still need permission from the D.N.R. and D.O.T.
Bob Biedrzycki asked if the D.N.R. had right-a-way over the town easement.
Rhoda Fleming asked if the Town Board would approve allowing the easement for such a design?
Bill Henningfield said that he could not speak for the other Board Members but possibly.
Mike Dubis stated that it’s going to be below grade.
Dave Held stated that putting right in the access of his 50 ft. road right-of-way did not make him happy. He went on to explain that it would need to meet the Walworth County Zoning setbacks and that he would need it in writing that it would not affect his road right-of-way to his farm land and property.
Brandon added that a permanent, large sampler will not fit into a manhole so you will need a vault with an access lid. Melissa Cook was surprised that there would now be a manhole and a vault that was not what was presented to her previously. Tim Andringa asked if this vault could be driven over? Jim Smith answered, yes. Mike Dubis added that you would need to use access barriers prior to entering the vault. Melissa Cook once again asked, there would be no reason to have a truck parked on the corridor? She added that would become a safety issue. Rhoda Fleming stated that this new design would need D.N.R. concurrence and Town Board approval. Tim Andringa stated that you would still have to utilize town easement and the D.N .R. would need to concur because you are within 90 ft. of the corridor. Mike Dubis agreed that permits would be needed and the permission granted from the D.O.T. and D.N.R. He asked Rhoda there would be no funding for a portable sampling station but 100% funding for a permanent sampling station? Rhoda stated that the USDA would not fund a portable sampling station and turn ownership over to Lyons District No. 2.
Mike Dubis suggested that he would like what Lyons District No. 2 is purposing to be exact so if possible could Brandon Foss and Jim Smith work together on the design.
Tim Andringa stated that CESD did not notice the agenda for making any motions at today’s meeting. Mike Dubis stated that CESD needs to notice a meeting for Brandon to start on the design.
There was discussion as to whether or not the two Districts needed to reconvene the meeting at the town hall. Mike Dubis recommended that his client not reconvene at the town hall since this was strictly a meeting for informal discussion.
Bill Henningfield suggested that a mark be placed where it would be agreed that this below ground structure be placed.
Rhoda Fleming asked that CESD draft a letter explaining the reason why they would need an extension and if approved construction would need to be completed by 7/31/2013. If there is no location approved for this sampling station CESD needs to submit s request for waiver on the sampling station.
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Tim Andringa stated that D.N.R. approval will take longer than a month.
Jim Smith added that the telemetry for the flow and odalog antenna may need to be above ground.
Jim Miller made a motion to adjourn this meeting and reconvene at the Town Hall, Bob Phillips seconded the motion, motion carried unanimously.
Meeting adjourned at 10:21 a.m.
Jim Miller made a motion to reconvene meeting at the Town Hall, Bob Phillips seconded the motion, motion carried unanimously.
Meeting reconvened at 10:36 a.m. with Tim Andringa, Brandon Foss, Jim Miller, Bob Phillips, Doug Day, Cindy Ganka and Dave Held in attendance.
Tim Andringa made a short review of the meeting at the force main – Rhoda Fleming opened the meeting with introductions of all in attendance. She continued by explaining that the funding will run out unless an extension is submitted or a waiver if the sampling station cannot be constructed. There was discussion regarding past history in reference to the above ground sampling station which the D.N.R. said no way. Town Board would not approve to grant easement. Went over to look at the force main – Melissa Cook does not make the final decision however she did make it clear that a manhole or any structure may present a problem within 10’ to 12’ of the D.N.R. easement. There was discussion to bring the structure out of the D.N.R. corridor. How often there would be testing? How long would they need access in the structure for testing? No parking in the D.N.R. corridor. Run the 6’ force main which would be cut off the old force main over to the sampling station. Everything 100% underground is likely to be granted. Dave Held wants to put in roadway and his plans can’t be upset and he requested there would be no problems or upsets to be put in writing.
The discussion continued on the following issues: 1.) First location was to put whole sampling station at manhole where the testing is right now. 2.) Past designs and were they approved. 3.) New design just brought up at the meeting at the end of the force main today. Manhole out of traffic lane, new gravity line, SCADA equipped. 4.) Possible locations for the sampling station. 5.) Maintenance after construction and other contractual issues.
Dave Held stated that Jim Smith mentioned that the manhole will be north of the existing manhole and he added that the setbacks for an antenna for SCADA per the County would be 2 ½ x the height of the antenna.
It was decided to have another meeting on Friday, June 1st at Crispell Snyder at 9:00 a.m.
Jim Miller made a motion to adjourn the meeting, Bob Phillips seconded the motion, motion carried unanimously. Meeting adjourned at 11:20 a.m.
Meeting adjourned at 11:20 a.m.
Transcribed by: Cynthia L. Ganka Date: May 31, 2012
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