May 20, 2011

          The Special Town Board meeting of the Town of Cooks Valley was called to order on May 20, 2011 at the Cooks Valley town hall located at 15784 40th Street at 8:00 pm by Chairman Darrel Fehr.  Supervisors present were David Clements and John Sykora.  Other town officials present were Judith Prince-treasurer and Victoria Trinko-clerk.  See attached list for delegation present.       
          Chairman Darrel Fehr made a motion to move agenda item #3to agenda item #2.  David Clements seconded the motion.  The motion carried 3-0.
Public Comment:  Vernon Steinmetz reported 60th Street from County Highway A to State Highway 40 is holding up, however, 60th Street from County Highway A to 186th Avenue is breaking up after heavy truck use.  Tamara LaBelle explained whichever room in her house she is in; she can hear the trucks passing by.  A comment expressed concern about a 20 year agreement with the town having no say about the roads.  Comments were made concerning the drop in the valuation of property due to the mining.  The mining company is making more money by traveling on town roads.  County officials seem to be unavailable to Preferred Sands.  Linda Smith, who lives on 60th Street, commented on the agreement made at the last meeting concerning the haul route where empty trucks were to return on a different street but empty trucks, which were mining trucks, have been seen on 60th Street and the drivers were not polite.  Jeff LaBelle reported dates and times the trucks were on 60th Street prior to 6:00 am.  Rich Mikl said he is the first one out of the pit.  David Clements reported he has parked and observed the trucks on 60th street at various times in the past two weeks.  Gene Pagel asked how many trucks would be travelling in this agreement.  Joe Vogt asked if this would be any indication of what will be happening in the future.  Shawn Best suggested extending the contract for two weeks or a month to enable Preferred Sands to negotiate with the county and the residents of 60th Street to study the agreement.  Paul McLean commented on the time line to construct the plant in the Town of Bloomer.  David Clements and Paul McLean talked about the history and ongoing negotiations with Chippewa County.  Beth Pagel of 60th Street commented 19 residents on the present haul route are not involved with mining vs. only 2 residents on a haul route going west are not involved in mining.  Clete Franz said the roads like County Highway DD are built for county trucks and the sand trucks should travel on those roads.  Rich Mikl said other trucks are using the roads but the county is discriminating against mining.  David Clements gave a history of the adopting of the mining ordinance where no one appeared at the meetings or further meetings; someone has to give for the benefit of all.  Shaw Best felt we need to have more work done on the agreement.  Brad Rihn asked what it would take to make everyone happy.  Linda Smith felt an agreement should be worked on a haul route going to the west but the drivers should abide by the rules.  Paul McLean, Preferred Sands, wanted the names on the trucks and the license plate numbers of drivers who are violating the rules.  Joe Vogt questioned what route would be taken when the sand plant is built.  Paul McLean gave a history of contacting the county and ensuing negotiations and talked about agreements with the town and county.  Lindsey Hedtke asked what the county asked for in the agreement.  Ken Schmitt, county board supervisor, told what the specifications would be for the road to accommodate the truck.  The town does not have enough money to replace the roads according to the county upon inspection of the town roads.  Jeff LaBelle asked why there is a 20 year agreement and the town has no way to terminate the agreement.  Clete Franz said the route is the problem.  Jim Lueck asked what would happen to his well if explosions and shock waves could divert the water vein or contaminate the wells; would Preferred Sands cover the cost of replacing the well?  Dan Smith asked about the amount of investment Preferred Sands has in this project and how much they would make.  Clete Franz expressed concern about property values when a person would not be able to sell their property due to the truck traffic lowering the value of the property-people had moved to the Town of Cooks Valley for the peace and tranquility.  Gene Page displayed a map of the mining sites and where a more likely haul route would be.  There was discussion about bonds and escrow money.  The haul route would be covered with the bond and reevaluated annually.  Linda Smith asked who would determine the quality of the road.  A third party would do the evaluation of the road.  Joe Church asked why the town doesn’t ask for the same amount as the county is asking.  David Clements explained the cost per mile to reconstruct the road.  Clete Franz asked if this route was going to be the only route as it seems to be the road we are talking about-he felt residents should call the county.  Beth Pagel asked Paul McLean if we extended the contract for a month would Preferred Sands give a $100,000?  Earl Hassemer asked how long before Preferred Sands gets their reclamation plan.  Paul McLean talked about the ground water and conferring with a consultant on what chemicals or substances to test for in the water.  Samantha Best was concerned about the speed of the trucks and truckers not paying attention to the speed limits. 
Discussion and possible action on road haul route agreement:  David Clements made a motion to extend the present agreement with 90 trucks per day to June 30, 2011 at .10 per ton per mile, starting from the 26th of May, with the .10 per ton per mile to go into the fund for escrow to repair the road on the road haul route, excluding the 3 day Memorial Weekend for operation.  John Sykora seconded the motion.  Roll call vote:  David Clements-yes, Darrel Fehr-abstain, John Sykora-yes. 
Adjourn:  Darrel Fehr made a motion to adjourn at 9:20 pm.  John Sykora seconded the motion.  The motion carried 3-0.

                                                                   Respectfully submitted
                                                                   Victoria Trinko
                                                                   Town Clerk

Typed:  May 29, 2011
Approved:  June 13, 2011