Special Town Board Meeting
September 26, 2016

The Special Town Board meeting of the Town of Cooks Valley was called to order on September 26, 2016 at the Cooks Valley town hall located at 15751 40th Street at 8:00 pm by Chairman Darrel Fehr.  Supervisors present were David Clements and Matt Borofka.  Other town official present was Victoria Trinko-clerk.
Discussion on road use of 135th Avenue/40th Street by PurFrac:  Chairman Darrel Fehr informed the board and delegation that Dan Fedderly’s estimate for a study of 135th Avenue to accommodate additional truck traffic would have a cost of $19,750.00-$25,000.00.  Representatives for PurFrac felt the study would be necessary in the future but they would prefer not to do the study at the present time.  Bruce Durand, PurFrac representative, would like the board of the Town of Cooks Valley to proceed with the non-metallic mining permit for PurFrac. Then when they are ready to proceed with the permit and start construction but before they are ready to haul sand, they would pay for the road study and the reconstruction of the road would be done.  Their reasoning is before they are able to contract for sand; they need to tell contractors they have a permit from the Town of Cooks Valley.  Since the economy is driving the number of tons of sand established in a contract, they are unable to inform the town board the amount of truck traffic that would occur on 135th Avenue from their mine.  PurFrac wants to be able to say to contractors: we have a rail way, a reclamation permit, a permit with the Town of Cooks Valley, and the specifications for the road when they look for bids or contracts for sand hauling.  They do not want to pay for a study before they know they will have money coming into their coffers with a contract for sand hauling.  There was a rehashing of the previous discussions with EOG regarding money set aside by PurFrac with regard to the number of tonnage for roadwork and with EOG also setting aside money when they use the road. 
The town board would like PurFrac to continue negotiations with EOG to have a road agreement prior to the Town of Cooks Valley beginning the process of a non-metallic mining permit.  Supervisor David Clements offered the proposal to have PurFrac pay money for the five years the road has been used;  both mining companies would be even regarding the amount of money invested in the road; then both companies would put money into the set aside fund.  Again, the board emphasized they would prefer this road agreement be resolved prior to the permitting process. 
PurFrac continued to repeat their request for a permit before they pay out for a study of the road.  The are asking for the guarantee of a permit for non-metallic mining before paying for a study or getting a road agreement so they can have money to pay for the study and the road. 
Adjourn:  Matt Borofka made a motion to adjourn at 9:29 pm.  David Clements seconded the motion.  The motion carried 3-0.

Typed:  October 9, 2016                                                   Respectfully submitted
Approved: October 17, 2016                                           Victoria Trinko -Town Clerk