Chairman Darrel Fehr called the meeting to order on May 9, 2011 at 8:00 pm. The supervisors present: David Clements and John Sykora. Other officers present were: Victoria Trinko-Clerk and Judith A. Prince-treasurer. See attached list for delegation present.
Chairman Darrel Fehr made a motion to move agenda item 12 to agenda item 2; agenda item 13 to agenda item 3 and then continue with Public Comment and other agenda items in order. David Clements seconded the motion. The motion carried 3-0.
Comment: Preferred Sands- David Clements informed the members of the board and delegation of conversations Paul McLean, representative of Preferred Sands, had proposed to the Town of Cooks Valley-a two week interval for a road haul sand route from Sam LaGesse’s mine site east on 186th Street to 60th Street to State Highway 40 with a maximum of 75 loads one way, a return route on County Highway DD or State Highway 64 to the mine site, all trucks will be tarped, no engine braking, hours of operation-6:00 am to 8:00 pm Monday through Saturday, and $50,000 put in escrow for any damage occurring to the road haul route during the two week hauling period. If after two weeks, there is no permanent agreement or complaints by residents on the haul route the weight load ban would be replaced on the roads. Factors in a permanent agreement could include money placed in an escrow account to replace the road on 186th Avenue and 60th Street, water testing in wells within a five mile radius at the mining company’s expense with a copy for the owner, copy for the town, and a copy for the company. Paul McLean, representative for Preferred Sand, commented this first agreement would be for a maximum of two weeks. He said he has not come before the town to explain the mining situation and that was not the right procedure. Now is the time to establish a relationship with the Town of Cooks Valley. He wants to consult with people about the mining process and ideas on how the haul routes would work and how the land is going to look after reclamation. David Clements has consulted with Bruce Stelzner of the Chippewa County Highway Dept. Vernon Steinmetz would daily monitor 60th Street from County Highway A to State Highway 40 as the water level is close to the road level and there are wetlands. This portion of road may not withstand the truck traffic of 75 trucks per day.
John Sykora made a motion to allow Preferred Sands the right to use the roads from the LaGesse mine site east on 186th Avenue to 60th Street south to State Highway 40, Monday through Saturday, from 6:00 am-8:00 pm, May 11th -25th, excluding Saturday May 21st, with $50,000 to be placed in a town controlled haul road fund, trucks must be tarped, no engine braking, 45 mile per hour speed limit, 75 loads per day maximum, trucks will return empty on State Highway 64 to County Highway DD to 186th Avenue to the mine site, Vernon Steinmetz will monitor 60th Street from County Highway A to State Highway 40 daily –if he deems this portion of the haul route publicly unsafe, hauling of sand will cease. David Clements seconded the motion. Roll call vote-David Clements-yes, Darrel Fehr-abstain, John Sykora-yes. The motion carried 2-0 with one abstention.
Discussion and possible action on road use agreement between Chippewa County, Town of Cooks Valley, and/or Preferred Sand. This agreement is at a stalemate and the town will abide with the agreement of the County. John Sykora commented the county has more experience with the reconstruction of roads. Why shouldn’t the town expect the same amount of reimbursement? Paul McLean said he has talked with the County but feels there is not the experience with the determining the cost of reconstruction. He has had numerous emails but the County did not have a basis for the amount of money being asked for and now the county is not available for contact or discussion. David Clements explained the difference between the amounts of material needed for a county road to withstand truck traffic versus the standards for a town road. The estimated cost for the construction of a County road is $145,000 per mile for paving, $7000 per mile for grinding, and $10,000 per mile for shouldering.
PUBLIC COMMENT: Gene Pagel asked what the criteria would be for neighbors complaining about the hauling that would deter the haul route. Discussion yielded that all the neighbors would have to be in agreement that the truck traffic was intolerable. Dan Smith asked about the condition of 60th Street to withstand multiple truck traffic. David Clements commented 60th Street would need to be reconstructed to county road standards. Linda Smith expressed concerns about meeting trucks where 60th Street is very narrow and that the posted speed limit is 45 miles per hour and trucks were exceeding the 45 mile per hour speed limit last year. Dan Smith asked how long the sand would be hauled. Paul McLean estimated 12-15 years to perhaps 20 years if the demand for the sand continues, with 500,000-1,000,000 tons per year-a million tons would be 40,000 trucks annually. Dan Smith expressed concern about property values and no gain for property owners with this mining project. Benjamin Lane, a lawyer representing David & Dawn LaGesse-an enterprise for hauling the sand from the mine site, expressed the LaGesse’s concern about trucks sitting idle, the loss of revenue, and the unemployment factor in Chippewa County and urged the support of the offer made by Preferred Sand. Dan & Linda Smith said LaGesse’s made the decision to haul sand and that decision affects all of us. Bernadette Hassemer felt the Town of Cooks Valley should give Preferred Sand a chance to try and work out an agreement until the County comes to an agreement as neighbors, friends, and families are all affected by this mining operation. Earl Hassemer asked if Preferred Sand would fill out the application that was originally in the ordinance. Paul McLean said he would work with the Town of Cooks Valley on the application or other issues that are of concern to residents. Preferred Sand has the mineral rights and Sam LaGesse is the operator of the mine. Preferred Sand will be taking over the operation of the mine after the reclamation plan for the mine expansion is approved, a total of 130 acres done in increments. If all the people on 186th Street and 60th Street haul route disagree on the haul route, the route would be abandoned. There was a question of how many mines are or will be in the Town of Cooks Valley? At this time, it was estimated there are a possible 3 mining sites. An opinion that the other mining companies have used the roads for gravel pits and should pay a tax on the product, but that is not a legal procedure for the Town to carry out.
David Clements made a motion to approve and place on file the minutes of April 11, 2011 regular town board meeting and the May 5, 2011 special town board meeting minutes. John Sykora seconded the motion. The motion carried 3-0.
Approval of the May Financial Report: John Sykora made a motion to approve the May financial report. David Clements seconded the motion. The motion carried 3-0. The treasurer will roll over the CD that will be maturing.
Reading and Approval of the April Bills: David Clements made a motion to approve the April bills. Darrel Fehr seconded the motion. The motion carried 3-0. A check was submitted to the treasurer from Stanley Sarauer for a driveway culvert that was on the Chippewa County Highway bill.
Discussion and possible action on budget categories: no action was taken on this item.
Building Permits: Ken Bjork-hay shed, Dean Rosenbrook Dairy Farms-farm shop
Appointment of member to the plan commission: Darrel Fehr made a motion to place Tom Short as a member of the plan commission. David Clements seconded the motion. The motion carried 3-0.
Possible approval of operators license-Rose Sundstrom: Darrel Fehr made a motion to approve the operators license application of Rose Sundstrom. David Clements seconded the motion. The motion carried 3-0.
Possible approval of picnic license-Chippewa County Rural Heritage: David Clements made a motion to approve the picnic license application from Chippewa County Rural Heritage. Darrel Fehr seconded the motion. The motion carried 3-0.
Discussion and Possible Action of photo logging on town roads that will sand mine haul routes: David Clements said the photo logging is supposed to start tomorrow. Darrel Fehr made a motion to have photo logging conducted from 50th Street to County Highway DD, from 20th Street east to County Highway DD on 135th Avenue at the approximate cost of $685.00 per mile. David Clements seconded the motion. The motion carried 3-0.
Dissemination of Information:
FUTURE AGENDA ITEMS AND BUSINESS
David Clements made a motion to adjourn into closed session to discuss legal issues on road issues. Darrel Fehr seconded the motion. The motion carried 3-0.
David Clements made a motion to go into open session. John Sykora seconded the motion. The motion carried 3-0. No action was taken in closed session.
ADJOURN: John Sykora made a motion to adjourn the meeting at 11:03 pm. Darrel Fehr seconded the motion. The motion carried 3-0.
Typed: May 13, 2011 Respectfully submitted,
Approved: June 13, 2011 Victoria Trinko, town clerk