MINUTES- REGULAR MEETING- NEW DOSEY TOWN BOARD- JUNE 11, 2014

July 8th, 2014

MINUTES- REGULAR MEETING- NEW DOSEY TOWN BOARD- JUNE 11, 2014

Meeting called to order at 7:30pm by Chair Dave Fornengo.  Also present were Supervisors Dave Baker and Jason Fornengo, Clerk Fran Levings, Deputy Clerk Mandy Fornengo, Todd Elliott and Ed Proffit.

Motion by Jason Fornengo, second by Dave Baker, to approve the Agenda.  Carried.

Motion by Dave Fornengo, second by Jason Fornengo, to approve the minutes as amended to read – Under Old Business (1) Change TARP to TEP.  Carried.

Clerk Fran Levings presented the Treasurer’s Report as prepared by Treasurer Margaret Coveau. (Attached to file copy of these minutes) Fund Balances are:  General Fund- $3255.05, Road & Bridge Fund-$15924.65, Cemetery/Landscaping Fund- $810.74, Fire Protection Fund- $2927.45, Fire Hall Fund- $125.45, Cartway Fund- $89.15, Savings Account- $1157.08, Driveways Fund- $4330.79 and CDs- $44524.59.  Motion by Dave Fornengo, second by Jason Fornengo, to accept the Treasurer’s Report.

Clerk Fran Levings presented the Claims List and the Net Payroll List for approval.  (Attached to file copy of these minutes).  Motion by Jason Fornengo, second by Dave Baker, to pay these bills.

CLERK’S REPORT:

  1. Cemetery volunteer Al Holter had recommended purchasing a safe to store valuable cemetery and other records in.  Chair Fornengo will research some prices.
  2. Clerk distributed copies of the amended Plowing Private Drives Policy.  Dave Baker noted some typing errors that needed to be addressed.
  3. Clerk will attend the Minnesota Association of Townships Short Course in Carlton on June 26.
  4. Clerk distributed a copy of the New Dosey Township pay schedule and said she would have it put on our website.
  5. Clerk reported that the 2014 census report from the state demographer gives our township a population of 74.

NO ZONING REPORT

OLD BUSINESS:

  1. Road work orders were assigned to Todd Elliott Excavating (Class 5 orders and culverts) and to Ed Profitt (pit run orders).  Chair Fornengo detailed the work required for this year.
  2. Dave Baker reported that he will be part of a “walk-through” of the unnamed road going N. for 1/4th of a mile from Hwy 32 near the WI border.  He will be accompanied by representatives from Pine County Soil & Water and the TEP program in Duluth.  The “walk through” will be on June 17.
  3. No further report on the broken down plow truck.

NEW BUSINESS:

  1. Dave Baker reported on the status of the cemetery as far as matching up with the recent survey completed by the Pine County Surveyor.  The graves in the Block 3- the SE section are not in alignment with the survey.  Those graves in Block 1 are in perfect alignment. Discrepancies will be noted in the cemetery records. Mr. Holter will computer-generate copies of the unaligned section.  He would also like to purchase 16 block markers. Motion by Dave Fornengo, second by Dave Baker, to do so Carried.. Mr. Fornengo will research prices.
  2. Township has received a letter from the Great River Energy with a proposal.  Chair Fornengo will read the letter and report back to the Board.
  3. Motion by Dave Fornengo, second by Jason Fornengo, to contract again with Bob Brewster to do all assessing in our township.
  4. Pine County has some tax-forfeited land for sale.  It is located off Hay Creek Road past Lydia Mishler’s former property.  Sale of this land would make another property owner landlocked and the township is opposed to that.  Chair Fornengo will contact County Land agent Greg Beck.
  5. Chair Fornengo will move forward on ordering the Internet and Telephone service for the town hall.
  6. Chair Fornengo will see what he can do about getting the flat tire on the grader fixed.

Meeting adjourned at 8:43pm.

Respectfully submitted,

Fran Levings, Clerk                Also signed by the Chair___________________

 

Date:_________________________

MINUTES- REGULAR NEW DOSEY TOWN BOARD MEETING- MAY 14, 2014

June 4th, 2014

MINUTES- REGULAR NEW DOSEY TOWN BOARD MEETING- MAY 14, 2014

Meeting called to order by Chair Dave Fornengo.  Also present were Supervisors Jason Fornengo and Dave Baker, Clerk Fran Levings, and Mandy Fornengo. Absent was Margaret Coveau, Treasurer.

Motion by Jason Fornengo, second by Dave Baker, to approve the Agenda.  Carried.

Motion by Dave Baker, second by Jason Fornengo, to approve the minutes of the regular meeting of April 9, 2014.  Carried.

Clerk Fran Levings presented the Treasurer’s report as prepared by Treasurer Margaret Coveau.(Attached to file copy of these minutes) Fund Balances are:  General Fund- $4203.11, Road & Bridge Fund- $17,213.21, Cemetery/Landscaping Fund- $555.74, Fire Protection Fund- $2927.45, Fire Hall Fund- $125.45, Cartway Fund- $89.15, Savings Account- $1157.08, Driveways Fund- $5518.23 and CDs- $44,424.59.  Motion by Dave Fornengo, second by Jason Fornengo, to approve the Treasurer’s Report.  Carried.

Clerk Fran Levings presented the Claims List and the Net Payroll List for approval. (Attached to file copy of these minutes).  Motion by Dave Baker, second by Dave Fornengo, to pay these bills.  Carried.

CLERK’S REPORT:

  1. Clerk announced that she will not seek re-election in March of 2016.  She recommended that the Board appoint a Deputy Clerk to begin training with her.  Motion by Dave Baker, second by Jason Fornengo, to appoint Mandy Fornengo as Deputy Clerk, at a pay rate of $11/hour and $30/meeting.  Carried.
  2. Clerk announced that $155 in donations to the Perpetual Care Fund for the cemetery has been received so far. Methven Funeral Home has four bodies that they want to bury in our low-cost section of the cemetery.  Dave Baker reported on a conversation he had with the Pine County Surveyor Robin Matthews.  Mr. Matthews said he may be able to assist in marking the cemetery borders.  Cemetery Cleanup has been scheduled for May 16 at 1pm with refreshments to follow at the town hall. Dave Baker has asked Alan Holter to be the Cemetery Sexton and told him he would be paid for his work.

NO ZONING REPORT

OLD BUSINESS:

  1. The Unnamed Road issue-  Dave Baker reported on a conversation he had with Robin Poppe, Pine County Soil & Water director.  Her office had gotten a complaint from one of the property owners on this road that gravel had been put on the road perhaps in violation of wetland standards. Soil & Water will take this issue up the TARP Board.  Todd Elliott Excavating was the contractor who was hired to put the gravel on the road.  Ms. Poppe said that Mr. Elliott has always been wetland-compliant with her office.  Ms. Poppe will report back to both the concerned property owner and the Board regarding this issue.  When Mr. Baker suggested that the Board decide at tonight’s meeting on a time-line for working on this road, the Board instructed the Clerk to notify all property owners that the township will commence regular road work on or about July 15 and this road is on the list for gravel.  If the township receives documentation of an easement, then consideration will be given to starting the steps for vacating this road.
  2. Revision of  Plowing Private Drives Policy-
  3. Plowing of Private Drives- Add- (4) when Appropriate Road/Driveway base allows for the weight of the snow removal equipment.  (5)  The driveway shall not be gated in any way/form.

The following procedures shall apply:  After- Late requests will NOT be considered. (Add)- Payments received after November 1 will be subject to a late fee and/or any additional charges that may apply.

V         Add-The township will not apply salt and sand on a private driveway.

VI        Add- Dave Fornengo  320-242-3002

Dave Baker       320-242-3933

VII      Eliminate all

VII      Change to VII

  1. Plow Truck Replacement Plan-  This is currently on hold because the truck will not start. Chair Fornengo has sought advice from Ziegler Company in Duluth. Jason Fornengo will call about obtaining Triple AAA Insurance.

NEW BUSINESS:

  1. Road Work Order for 2014.  Chair Fornengo distributed a spreadsheet he had done for review by the Board.  He said it appears that the road work budget for this year is quite comparable to the road budget of 2013.  Ed Proffit will be contacted to provide all of the pit-run for the road work this year.  Todd Elliott Excavating and Roberts Excavating will be considered for the Class 5 road work.
  2. Motion by Dave Fornengo, second by Dave Baker, to approve a Conflict of Interest Resolution regarding Jason Fornengo being both a town supervisor and a town employee/contractor.  Carried.
  3. Chair Fornengo announced a Township Legal Law Seminar being held in Rutledge on Sept. 27.  Clerk Levings and Supervisor have already registered for this seminar.

Meeting adjourned at 9:45 pm.

Respectfully submitted,

Fran Levings, Clerk

Also signed by the Chair _________________________     Date _____________

SPECIAL TOWN MEETING- NEW DOSEY TOWNSHIP- APRIL 28, 2014

May 20th, 2014

SPECIAL TOWN MEETING- NEW DOSEY TOWNSHIP- APRIL 28, 2014

Meeting called to order at 7pm by Clerk Fran Levings. Also present Dave Baker, Jason Fornengo, Dave Fornengo, Anthony J. Fornengo, Agnes Sexton, Don Mishler, Marlene Mishler, Karen Murphy, Jerry Woelfel, Alan Woelfel, Danial Lokken, Paul Fornengo, Cheryl Fornengo, Joe McCarthy and Becky McCarthy.

Clerk Levings welcomed the group and thanked them for driving so far on a cold, rainy and windy night. She said that the public was notified of this meeting by a legal notice in the Pine County Courier, a legal notice on the township website, announcements on both the bulletin board and the notice board. All affected property owners were sent a letter of notification and local residents were notified via a phone call. She reminded the group that the only topic under discussion for tonight’s Special Meeting was to ask the voters to decide whether or not to authorize the town board to re-assert its authority over the unnamed road near the Wisconsin border that runs @ 1/4mile north of Pine County Highway 32. She asked each speaker to give his/her name before speaking. She asked that “Approve the Agenda” be added to the Agenda list. She told the group to feel free to help themselves to coffee and cookies.

Dave Fornengo introduced himself as Chair of the town board. Dave Baker and Jason Fornengo introduced themselves as Town Supervisors.

Dave Fornengo made a motion to appoint John Fornengo as moderator of the meeting. Motion seconded by Agnes Sexton. Carried.

Motion by Agnes Sexton, second by Dan Lokken, to approve the agenda. Carried.

Dave Baker explained the background of this road and the position of the town board on this issue. The road was established by road order in 1916. An east-west road had been vacated. The road was established as a 4-rod road. Mr. Baker reported on a conversation he had with an attorney with the Minnesota Association of Townships. This road is the sole means of legal access for a property owner. It looks like a road and has been used as a road. Another indication that it is a road is a survey marker in the middle. Records were lost when the township went out of business and the township has no record of having worked the road for at least 25 years. In order for the town board to spend money on this road, a vote or motion of the electors present at a Special Meeting must be taken. The Special Town Meeting of Sept. 10, 2013 indicated that the affected property owners would work out an easement. Since the town board has seen not movement on an easement process. The MAT attorney said it would be a good idea to set a date by which has easement agreement has been reached. Mr. Baker suggested July 15 as a possible deadline.

The meeting was opened for comments and questions.

Dan Lokken asked if there was a benefit to spending township money on this road?

Clerk Levings responded that the benefit is fulfilling our obligation to provide access to a landlocked property owner.

Agnes Sexton said that no property owner should ever be left landlocked.

Joe McCarthy said he and his brother Jim have tried to work out an easement.

Clerk Levings asked how many meetings were held to try to work out an easement.

Alan Woelfel said that he, the Stadfers and Mr. Caulfield had gotten no response the McCarthys. He said the McCarthys, on their own, did work on the road without asking any other property owners. They also said that a logging company has used this road.

Dave Fornengo said that the logging company had probably gotten permission from the township.

Karen Murphy said that when they moved here 15 years ago, there were trees in the road. She asked why the township gave permission to an employee to work on the road.

Dave Baker responded that the McCarthys would not have been given permission to put gravel on the road and the sometime employee was working in the capacity of a private contractor. It is a road of record and will remain a road as long as it is of use to someone.

Joe McCarthy stated that the decision to work the road was made during the time that his parents owned it and they did not know permission was needed.

Karen Murphy stated that on November 7, 2013, she and Jon Stadther were approached in their home about an easement just as they were about to go out hunting. They suggested to Mr. McCarthy that perhaps there was another route he could use for access. They have not gotten an answer. Emails between her, Jon and Alan Woelfel continued to discuss this issue. She further said that she has spent hours researching how to do an easement.

Becky McCarthy said that they do not have the funds to pay for an easement.

Joe McCarthy said that his brother Jim refuses to be further involved with the problem at this time.

Dave Baker reiterated that the township is obligated to provide access for the McCarthys.

Jerry Woelfel inquired who owns the road.

Dave Baker responded that all town roads began as an easement worked out by the township and Pine County. This road was dedicated to public use.

Jerry Woelfel commented that this road was almost 100 years old and the township has not worked on it.

Dave Baker responded that the road was worked by evidence of its being there and
it was surveyed.

Jerry Woelfel asked if the township pays for the road or would landowners pay for it via an easement or a cartway as a private road.

Dave Baker explained the different ways of obtaining access- town votes to work on the road, someone petitions for a cartway or the parties work out an easement.

Agnes Sexton asked why the adjacent property owners did not want the town to open it as a road.

Karen Murphy responded that, at one time, there were meth labs close to the road and also that anyone could then use the road as a public road- this presented the potential for people having parties, etc. Some property owners have had to chase people off their land.

Dave Baker told the group that the gate now at the end of the road must come down. An easement is up to the property owners, not the township.

Karen Murphy asked how the road would end.

Dave Baker replied that a turn-around would have to be made at the end so that the grader could turn around. The township would do this.

Becky McCarthy said that she and her family did not know that it was illegal to put gravel on the road without getting permission from the Town Board.

Alan Woelfel mentioned a conversation he had with Dave Baker in November when Mr. Baker mentioned a former access- He wanted to know where that access was.

Dave Baker said that access was a former east-west road that was never built due to wetland issues and was vacated by the township in 1916.

Dave Fornengo said Pine County took over management of the road.

In response to Karen Murphy asking if the road would be a Minimum Maintenance road, Dave Fornengo said “Yes”. Dave Baker responded that it might be worked on a Minimum-Maintenance basis, but could be opened to year-round use if there is a need.
Jerry Woelfel inquired as to how much money it would cost the voters of the township to work on this road.