Town of Lyons, Walworth County, Wisconsin : Meeting Minutes

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. 

CESD Special Meeting – May 29, 2012						Page 3

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
Town of Lyons, Walworth County, Wisconsin : Meeting Minutes

June 29, 2012 Joint Mtg w/CESD-LSD #2-USDA-DNR Minutes

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