Special Meeting, August 4, 2008
MINUTES-SPECIAL NEW DOSEY TOWN BOARD MEETING-AUG. 4 ,2008
Meeting called to order at 1p.m. by chair Dave Fornengo. Also present were supervisors Don Mishler and Dave Baker, clerk Fran Levings, Rick Dunkley, DNR representative, Greg Bennett, Pine County Land Commissioner, Greg Beck, Pine County Forester, Tim Gohla, Daniel Leach, Steve Whitaker, Jerry Olson, Larry Leach, Jerry Hanson, Cevin Chapman, David H. Erickson, Paul C. Wells, Tom Olson, Rita Wells, William Satterstrom, John Nelson, Dick Olson, Ron Moser, Scott Olson, Ronald Petrofske, Dale Kirchberg, Roger Larson, and Brent Erickson.
Clerk explained how the public was notified of the meeting. Notices put on bulletin board and notice board at town hall, published in 3 newspapers, and on the township web site. Clerk asked that Mr. Gohla and Mr. Dunkley not be interrupted during their comments. Asked that people raise their hands and be recognized before speaking.
Tim Gohla distributed a handout to everyone explaining his concerns and options for a resolution. (Handout in its entirety is included in file minutes. Major points are presented here). Problems he has with the so-called Kirchberg Road: (1) Who has or should have access to the road? (2) Should the gate be locked, and, if so, who should have a key? (3) Who should maintain the road and how should this be accomplished? Option Mr. Gohla presented: (1) Do nothing. (2) Form an Association. (3) File lawsuits. (4) Road becomes a township road. (5) Dig road up or permanently block it. (6) Cartway (7) Easement. Mr. Gohla urged a compromise of some sort.
Rick Dunkley, DNR representative, said this road was one of 8 road issues the DNR is dealing with in Pine County. Difference is that other roads had more organization done ahead of time. He said that the Attorney General’s interpretation is that the Kirchberg Road is not a public road. Part of it is Trust Fund property. There is no survey of the road on record. People landlocked by DNR land can be given access by the state. People were in violation when going via wetlands before Dale Kirchberg built the road. Trust Fund property goes back to the state legislature with any revenues to be distributed to the districts. The state gets about $30,000 to maintain 100 miles of Trust Fund roads each year.
The meeting was then opened to comments from property owners affected by the road and others in the audience. Dale Kirchberg apologized for the “mess” the situation was in and said he was told by a lawyer that this was a township road.
Jerry Hanson complained about the judge’s ruling in a recent court case and said he cannot adhere to the October to January rule on using the road.
Rick Dunkley said that access permits are for all year.
Dick Olson asked that everyone who spoke introduce himself and state his relationship to the road.
Dave Baker questioned why Jerry Hanson had not gone for a cartway through Kingsdale to his property and encouraged him to still do so. He stressed, however, that that would be another meeting for another time. In response to a question, Mr. Baker said that the township does not necessarily require a survey for a cartway proceeding.
Steve Whitaker asked that a “cartway” be explained.
Greg Bennett explained the procedure- Someone must petition the town board for access to landlocked property. (The Clerk has a sample petition form). A bond must be posted by the petitioner to cover any damages paid to affected landowners and other costs. Once a petition is received, the Board begins the process.
Steve Whitaker said the Pine County surveyor told him the road in question had not been abandoned.
Greg Bennett encouraged those present to work something out. Cartways are not necessarily a good way to go.
Dan Leach asked if he could petition for a cartway on this road and Rick Dunkley responded that state land cannot be given to an individual and the Kirchberg road is partially on state land. Greg Bennett said the county can “dedicate” land.
Steve Olson asked if this Kirchberg Road was a township road or should an Association be formed.
Dave Fornengo said that the road is about ½ on private land and ½ on DNR (state) land.
David Erickson said he is opposed to leaving the gate unlocked.
Ron Moser expressed that he has had difficulties with surveys.
Steve Olson again expressed the need for an Association.
Greg Beck, Pine County Forester, said there are 2 road orders on this road. The state requires that townships file all road orders in the Recorder’s office of the county. If a road is not legally recorded, it ceases to be a road. He says this road is about 75% under public ownership. Anyone can use the road and not be trespassing unless they are on Leach or Sno Camp property. He also recommended that the landowners come to terms. The county will be using this road for timber and may be willing to put some monies towards maintenance.
Tim Gohla said he preferred no locked gate.
The clerk said if there was a consensus to form as Association, parties should meet on their own time to do this.
Rita Wells commented on her concerns.
Greg Bennett suggested that Association dealings be kept casual and informal. The county could, perhaps, help with money for maintenance.
Rick Dunkley said the DNR could help with culverts, etc. in keep the timber business going, thus improving the road for landowners also.
Tom Olson said that Larry Leach appeared to be the only one with resistance to the idea of an Association and asked him to explain why.
Larry Leach said the steps leading up to the building of the road were not done properly and now bitterness exists.
Meeting then had a few intense moments of airing of past issues.
Tom Olson said that he could speak for the 1st and 2nd generations of Sno-Camp owners in that they support the idea of organizing an Association.
Roger expressed support for an Association or an easement as a solution.
Greg Beck, County Forester, said the gate on Leach side could be posted with No Trespassing signs, but not on the county side.
Dave Baker, supervisor, said that after 40-year presumed abandoned rule, to get the road up and running again by the township, it would have to be formally opened as a town road by going through the process to do so or a cartway petition would have to be presented to the Town Board.
Scott Olson urged all parties to participate in forming an Association.
Meeting by Dave Baker, second by Dave Fornengo, to adjourn the meeting at 2:30 p.m.
Respectfully submitted,
Fran Levings, Clerk Also signed by the Chair__________________
Date signed______________________