April 22, 2013


The Special Town Board meeting of the Town of Cooks Valley was called to order at 8:07 pm on Monday April 22, 2013 at the Cooks Valley town hall located at 15784 40th Street by Chairman Darrel Fehr.  Supervisors present were David Clements and John Sykora.  Other town official present was Victoria Trinko-clerk.
Discussion and possible action on EOG application/permit for non-metallic mining:
David Clements asked for clarification whether reclamation begins with inactivity after three years.  EOG-that item is included in the proposal. Inactivity is when mining is not taking place, not pertaining to truck activity or other activity.
John Sykora-could the county close down the road and change the road agreement?  Glenn Stoddard felt the county could only close down county roads, not town roads included in the road agreement and the sand company would then travel on the state roads.
David Clements asked what would happen if EOG hauled five days and then decided to haul on a Saturday; subsequently, the town board said they could not haul on a Saturday.  What would EOG do if the town board said no to the hauling on Saturday? 
Glenn Stoddard:  this scenario is not clear in the agreement. It would be addressed through the process but it could not be based on one complaint.  Tom Maul is to call the Chairman when the sand mine would be hauling on Saturday.  He has called previously, but has missed some Saturdays. The chairman emphasized he is to be informed about the truck activity. 
Jon Behling-attorney for EOG- public health issues would be addressed in the annual meeting between the town board and EOG which will occur for the first five years of the permit.
Glenn Stoddard: if the permit is approved, this is a step in the process.  The road agreement has been approved and there will be meetings to deal with the health issues between the company and the people involved.  After one year, the process to change the permit is covered in section 2.3 where good factual reasoning and public input is needed.  Under section 2.2, the annual review would be the start of the process.  That is the time if something has come up it will be dealt with.  This is also where the town board can deal with an unexpected situation that has arisen; setting in place a process where it can be modified. This permit will take continued monitoring and ongoing work. 
David Clements questioned the wording of ‘timely manner’ in regard to situations arising from the mining process.  Timely manner depends on the situation that is occurring.  If the situation demands immediate resolution, that resolution will happen.
David Clements made a motion to approve the mining permit between EOG and the Town of Cooks Valley.  John Sykora seconded the motion.  Roll call vote: David Clements-yes, Darrel Fehr-yes, John Sykora-yes.   The motion carried 3-0.
Adjourn:  John Sykora made a motion to adjourn 8:28 pm.  David Clements seconded the motion.  The motion carried 3-0. 

Typed:  April 25, 2013                                                         Respectfully Submitted
Approved:  May 14, 2013                                                    Victoria Trinko/town clerk