Chairman Darrel Fehr called the meeting to order on October 8, 2012 at 7:00 pm. The supervisors present were: David Clements and John Sykora. Other officers present were: Victoria Trinko-Clerk and Judith A. Prince-treasurer. See attached list for delegation present.
Certification of proper posting for the scheduled town board meeting. The notice for the October town board meeting was duly posted on October 3, 2012 in the 3 designated places within the Town of Cooks Valley.
Public Comment: the Cooks Valley town board welcomes public comments on matters pertaining to township issues. Because it is important to maintain order during the meeting, it is the policy of the town board that all public comments on an issue shall be limited to three (3) minutes per person, no person may make more than one (1) comment per subject and the session is no more than thirty minutes long. (We apologize for the tight time restrictions. They are necessary to ensure that we complete our business). Comments may be made on any subject pertaining to township issues, however, comments on matters not appearing on this agenda can only be discussed but may not be acted on at this meeting. If the board desires, the matters may be placed on a future agenda for action. No debating between residents. Victoria Trinko read a letter concerning her diagnosis of asthma-see attached letter. Gary Yakesh read a statement concerning the points of the Town’s Non-Metallic Mining Ordinance-see attached statement. Barb Arendt commented on the testing for sound levels at the Preferred Sands mine. She feels the sand mine issues have turned the township into a feud as neighbors are not talking to them again. A written statement by Scott and Donna Johnson was submitted-see attached letter.
Darrel Fehr made a motion to move the item of Discussion and possible action on Preferred Sands mining permit to the next position on the agenda. David Clements seconded the motion. The motion carried 3-0.
Discussion and possible action on Preferred Sands mining permit: Glenn Stoddard addressed the issue of testing for noise and light. The contract before the board is the culmination of work between Glenn and the Preferred Sands lawyers, Glenn and Chairman Darrel Fehr and the plan commission. There was the discussion about the bus scheduling language, noise and light monitoring, annual review and a basis for reopening of discussion on the permit. Supervisor David Clements questioned Chairman Darrel Fehr and Attorney Glenn Stoddard as to why negotiating was only between the chairman and the attorney. Both supervisors were not informed about items being discussed. Attorney Glenn Stoddard felt small word changes and language was not necessary for a meeting and cautioned about violating the open meetings law. Supervisor David Clements asked if points of negotiation could be emailed to him and John Sykora so they were informed but they would not respond with their opinions. Ex-supervisor Gary Yakesh inserted if the information only goes one way and no emails are sent in response, this would not violate the open meetings law. Supervisor David Clements expressed a desire to be more informed on the upcoming negotiations and felt if necessary a meeting could be posted to have input into the negotiations. Supervisor David Clements questioned of how the method to distinguish between silica sand and organic material with the air monitoring would be possible at the $8000.00 to $10,000 limit as the company he contacted informed him that this procedure is more costly –a figure of $96,722 per site was mentioned. There was discussion of section 10.2 in the permit on environmental monitoring that may be reopened if the monitoring is not monetarily covered. There was talk about this at the start of the permit. There was a question about the phrase of ‘timely manner’-what constitutes timely manner, what would be the procedure if violations are committed. Paul McLean said in the event of a violation, they would investigate if there was a need to do something, do a cause analysis, and then they would act. Glenn Stoddard made the suggestion that we can monitor at any time but need to contract with a company for monitoring. Paul McLean is not a signing officer but what he agrees to with the town board at the meeting will be binding and agreeable with Preferred Sands. There will be an addition of blasting on Monday through Saturday, and no blasting may be conducted on federal holidays. There was a question about a sliding fee schedule for mining permits. This issue will be revised in the future and will not apply to the three permits under discussion; namely Preferred Sands, EOG, and Chippewa Sands. Darrel Fehr made a motion to approve the Non Metallic Mining Permit to Preferred Sands of Minnesota, LLC with an addition to 6.1 and Paul McLean’s approval of this addition. David Clements seconded the motion. Roll call vote: David Clements-yes, with reservation, Darrel Fehr-yes, John Sykora-yes. The motion carried 3-0.
Discussion and possible action on budget categories: John Sykora made a motion to transfer $810.00 from Non-allocated funds to B-072-board per diem, $52.00 from Non-allocated funds to U-138-town hall maintenance and repair, $1763.05 from non-allocated funds to P-141-ambulance and $145.66 in non-allocated funds to P-143-First Responders. This leaves a remainder of $5089.59 in non-allocated funds. Darrel Fehr seconded the motion. The motion carried 3-0.
Approval of the September 13, 2012 regular monthly town board meeting minutes: David Clements made a motion to approve the September 13, 2012 regular monthly town board meeting minutes. John Sykora seconded the motion. The motion carried September 3-0.
Approval of the October financial report: David Clements made a motion to accept the October financial report. John Sykora seconded the motion. The motion carried 3-0.
Reading and approval of the September bills: David Clements made a motion to approve the September bills. John Sykora seconded the motion. The motion carried 3-0.
Building permits –there were no building permits. A driveway permit was issued to David Schleppenbach
Discussion of concerns of the plan commission: No meeting was held.
Discussion on progress of mining applications: The Preferred Sands non-metallic mining permit was approved tonight. EOG’s non-metallic mining permit will be scheduled next. Attorney Glenn Stoddard will send a draft and talk about revisions for EOG and talk with them about a meeting date. Possible dates are December 11 or 17, 2012.
Discussion and possible action on Ted Swinney Non-Metallic Mining Application: One copy of an application for a non-metallic mining permit has been submitted for the Loran Zwiefelhofer property. The Town’s position is that 25 copies need to be submitted to mail to adjoining land owners. Ted Swinney would like feedback from the town. Attorney Glenn Stoddard will inform them of what they need to make the application complete and what the town is asking.
Discussion and possible action on bids or estimates for brushing in the town: This will be postponed until a new budget is in effect.
Discussion and possible action on ambulance reimbursement: The fire dept is waiting for Eagle Point to ask for their money.
Discussion of humane association contract and officer training: Calvin & Sue Swartz would like to attend training to maintain certification of their license. The training costs $645.00 per person but there are free sessions available. This action can be postponed until January 2013. There was discussion to renew the Humane Society contract.
Discussion and possible action on lot size: Attorney Glenn Stoddard will send a letter to Doug Zwiefelhofer, chairman of the plan commission, to develop language for an amendment to lot size. The clerk will review CSM’s since 2005 for changes in lot sizes.
Chairman’s report –
Dissemination of Information- clerks report-
Future agenda items and business:
Discussion and possible action on budget categories
Discussion on progress of mining applications
Discussion and possible action on ambulance/fire reimbursement
Discussion and possible action on concerns pertaining to the Plan commission
Discussion and possible action on lot size
Discussion and possible action on bids or estimates for brushing
The next meeting will be on November 12, 2012 at 8:00 pm
Adjourn: Darrel Fehr made a motion to adjourn at 9:12 pm. David Clements seconded the motion. The motion carried 3-0.
Typed: October 16, 2012 Respectfully Submitted,
Approved: November 12, 2012 Victoria Trinko-town clerk