MMRB Minutes

MEETING
CITY OF WALKER
MINERAL MINING REVIEW BOARD
Monday, May 9, 2005
1:00 p.m.

The meeting of the Mineral Mining Review Board was called to order by Steve Versluis, Chairman at 1:00 p.m. at City Hall, 4243 Remembrance Rd., N.W., Walker, Michigan.

Members present: Steve Versluis, Chairman; Scott Conners; Mark Koning; Frank Wash. Member absent: Gary Voogt. Also present: Dick Denney, Building Department and Bonnie Antcliff, Recording Secretary.

Steve Versluis moved and Scott Conners supported the motion to remove 700 Maynard from the table.

Motion carried 4 to 0.

Property located at 2713 Wilson, SW, 41-17-07-100-040 & 041.

Applicant & Shoemaker Aggregates Corp. Owners: Anne B. Voshel

Mining Cont: 2633 Wilson, SW 636 Wellington

Grandville, Mi. 49418 Chicago, Ill. 60657

Jack Goodale

0-21 Fennessy

Grand Rapids, Mi.

The Board was informed that Brent DeRose of Nederveld Associates called at 10:00 a.m. to say that they were unable to attend the meeting because everyone involved could not attend.

The Board decided to go ahead with the meeting, as the permit had expired on May 1, 2005.

Steve Versluis stated that the reason for the meeting was quite clear. The applicant was to come and let the Board know how the issues that exist were going to be resolved. The Board gave them 8 weeks to do that on March 1, 2005 and the applicants did not even meet the May 1 deadline that the Board imposed at the March 1, 2005 meeting.

Scott Conners felt that the bond should be extended for 30 days and then require a larger bond to get the site reclaimed. After 30 days we should know if they are going to reclaim the site or exercise the bond to get it reclaimed which will require a lot of legal fees. We can get Dick Butler, the City Attorney involved and he can help us get through the legal part of this.

Steve Versluis stated that ultimately they should keep mining legitimately or get the site restored and reclaimed.

Scott Conners stated that we are deviating some in this case because we said that someone else could come in and start to mine but it is not working to that end. If the applicant is not going to work with us, the only thing we have left to do is to see that the site gets restored and reclaimed.

Frank Wash stated that the $25,000 bond may cover the initial legal fees and some of the engineering to restore and reclaim the site.

Scott Conners stated that he felt that at this point we need to get our attorney involved and get some legal advice. If the site does not get cleaned up, he felt that the City could start enforcement action against the applicant and then the property owner. He felt that the City should exercise the bond and get this issue resolved.

Steve Versluis stated that we have waited a long time to have issues resolved and it is time to get an agreement.

Scott Conners stated that he did not feel that the City should find the solution. The applicant should come to the City with the solution. It appears that complex private disagreements are causing trouble.

Frank Wash stated that the solution is to follow the procedures in the City of Walker mineral mining ordinance.

Scott Conners stated that we are going to have to figure out the proper amount for the restoration bond. He went on to say that he felt Mr. Shoemaker would do what he says he will do, as he has in the past and he stated that he felt he could be trusted.

Scott Conners moved and Frank Wash supported the motion to inform the parties involved in writing that:

1. The mineral mining permit expired on May 1, 2005.

2. The parties involved failed to appear at the meeting held on May 9, 2005.

3. This will be referred to the City attorney for a 14 day analysis period.

4. Pending formal review, all on site operations are to cease immediately.

A formal meeting will be set up soon to consider the Board’s enforcement options pending legal advice and recommendations from Dick Butler, City Attorney.

Scott Conners moved and Frank Wash supported the motion to approve the mineral mining minutes of March 1, 2005.

Motion carried 4 to 0.

Frank Wash moved and Mark Koning supported the motion to adjourn the mineral mining meeting at 1:20 p.m.

Motion carried 4 to 0.

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4243 Remembrance Rd. NW
Walker, MI  49534
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