MINUTES-SPECIAL TOWN MEETING- SEPTEMBER 10,2013
MINUTES-SPECIAL TOWN MEETING- SEPTEMBER 10,2013
Clerk Fran Levings called the meeting to order at 7pm. Also present were Tim Caulfield, Beverly Carlin, Ed Carlin, Don Mishler, Dave Baker, Ken Coveau, Marlene Mishler, Carol Erickson, Joe McCarthy, Jim McCarthy, John Fornengo, Robin Fornengo, and Becky McCarthy.
The Clerk made the following announcements:
- The township now has a website- www.newdoseytownship.com
- The public was notified of this meeting via the Pine County Courier, township website, notices on both the bulletin and notice boards, letters sent to all affected landowners, and phone calls made to voters.
- The only topic that can be discussed at this meeting is the purpose for the meetings as stated- “to authorize the town board to re-assert authority over the road running for ¼ miles N. of Rutabaga Road near the Wisconsin border.”
- Coffee and treats are available.
Dave Baker nominated Ed Carlin to be the moderator. Ken Coveau seconded. In lieu of any other nominations, Mr. Carlin was elected moderator.
Motion by Dave Baker, second by Ken Coveau, to approve the agenda. Carried.
Dave Baker gave the background of the town board request to re-assert authority over this road. He explained that property owner Joe McCarthy is landlocked and the township is responsible for providing access for him. The town has not worked on this road and via his conversation with an attorney for the Minnesota Township Association, the board must be authorized to spend money on the road. A “preponderance of evidence now states that this is indeed a road- it has a road order and it looks like a road. He further stated that taxes will not be raised if it is taken over by the township. He also stated that the DNR will enforce trespassing laws when reported. The road itself cannot be gated, but the driveway to Mr. McCarthy’s property could be gated.
The floor was then open to comments and questions.
Jim McCarthy stated his concern about passing his property on to his children and would want a road in that case.
Dave Baker cited possible solutions as- (1) the township being authorized to take over the road (2) the property owners could have an easement agreement written up and signed, then at another SpecialTown meeting, the voters could vote to abandon the road.
Joe McCarthy expressed concern about too much 4-wheeler activity on the road.
Beverly Carlin suggested putting up a sign “Private Property”.
Jim McCarthy has concerns about getting stuck on the road. He & his family would do any necessary repairs. They do not want to cause problems with their neighbors, but they do want free access. They would like to see the matter settled.
Dave Baker said the township could recess this meeting and the landowners could in the future work out a private easement.
Becky McCarthy complained about no cell phone reception out there.
Tim Caulfield commented that trespassers will do what they want whether he reports them or not.
Becky McCarthy inquired as to whether or not the easement would stay in place if they sold the property.
Ken Coveau suggested hiring an attorney to help with an easement agreement.
Dave Baker said an easement agreement would be legal forever.
Clerk Levings suggested the following steps for tonight’s meeting at this point- (1) The voters would pass a motion to take no action tonight. (2) The property owners would work out an easement agreement. (3) The township would take steps to vacate the road.
Motion by John Fornengo, second by Beverly Carlin, to take no action at this meeting. Carried.
Consensus is that the property owners will work out an easement agreement, then notify the township when they have done so.
In response to Becky McCarthy’s inquiry about the width of an easement, Dave Baker replied they are usually 2 rods wide.
Meeting adjourned at 8:20pm.
Respectfully submitted,
Fran Levings, Clerk Also signed by the Moderator_____________________