Category Archives: Board Minutes

Board Meeting, September 8, 2008

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MINUTES-REGULAR MEETING-NEW DOSEY TOWN BOARD
SEPTEMBER 8, 2008

Meeting called to order at 7:35 p.m. by Chair Dave Fornengo. Also present were supervisors Don Mishler and Dave Baker, treasurer Vicki Elliott, and clerk Fran Levings. Present in the audience were David Fornengo, Sr., Al Wolf and Todd Elliott.

Motion by Dave Baker, second by Don Mishler, to approve the minutes of the August 11, 2008, minutes as printed. Carried.

Treasurer Vicki Elliott presented the treasurer’s report. (Attached to file copy of minutes.) Fund balances were:

General Fund $24,188.92

Road & Bridge Fund ($3,809.70)

Cemetery Fund ($89.26)

Fire Protection 0.00

Fire Hall Fund $309.07

CDs $69,557.60

Treasurer suggested the board make the necessary fund transfers at the October meeting after the PILT (Payment in lieu of taxes from the State) payment has been registered in the bank

Clerk Fran Levings presented the Claims List for Approval and the Net Employee Pay Sheet. (Attached to file copy of these minutes). Motion by Dave Fornengo, second by Don Mishler, to pay these bills. Carried.

CLERK’S REPORT:

1. Reminder that the October regular meeting of the board will be held on October 13th, not October 11th, because the 11th falls on an observed holiday.

2. Letter from Tom Olson updating the board on the plans of the New Dosey Land Association regarding access to the Kirchberg Road will be filed.

3. There have been 4 checks received so far requesting plowing of private drives.

4. Pamphlets from the MN Council on Aging will be distributed at the next meeting of the East Pine County Wanderers.

5. Presented a pamphlet from Northland Aggregates about snow plow rates.

ZONING REPORT:

1. The Pine County Board of Supervisors, by a 5-0 vote, authorized New Dosey Township to do its own Certificates of Minor Subdivision. Dave Fornengo, Sr., said the board would be getting a request for such a certificate from Micheal Berke, attorney-at-law, regarding a subdivision of the property of Emma and Peter Fornengo. Interim Zoning Administrator will act on the application when it arrives.

OLD BUSINESS:

1. Al Wolf reported that he purchased a computer system for the Wind Meter from A Plus in Superior, Wisconsin. The Board will reimburse him for this expense. Dave Fornengo reported on savings with rebates being made by Bill Hilty of Finlayson who has had a solar panel installed into his electrical grid. He suggested the township look into this. Dave Baker said that he would do so.

2. Motion by Dave Baker, second by Dave Fornengo, to authorize Don Mishler to make the necessary purchases to get the snow plow truck ready for winter and the township will pay the bill.

3. Clerk said she would bring some budget suggestions to the November meeting and would like any suggestions the other board members have at that time.

NEW BUSINESS:

1. Dave Baker reported on “volunteer service waivers” that he had received from our worker’s compensation insurance company. Any persons doing light volunteer labor for the township that does not involve heavy road machinery will be asked to sign a waiver agreement stating that they will not sue if injured. These volunteers would, however, receive up to $7500 for an injury via our policy. Motion by Dave Baker, second by Don Mishler, to adopt this volunteer waiver agreement policy. Carried.

2. Chair Fornengo reported on 2 mailings he had received- (1) A notice of a meeting of the MAT District 7 members. (2) A letter regarding MN Dept of Transportation Enhancements Program.

ANYTHING ELSE TO COME BEFORE THE BOARD:

1.Don Mishler reported on work done on the gas tank. Dave Fornengo volunteered to look into having a containment holder installed.

2.Dave Baker reported that Pine County Commissioner Doug Carlson had told the Clerk that when work is done by the County on Carlin’s Hill (intersection of Hwys 32 & 24) in ‘09, tons of gravel may be freed up for the township. He suggested postponing some of the 2008 proposed road work to 2009 when we will have this gravel.

3. Dave Baker asked for authorization to seek legal advice from Attorney Jay Squires before the Sept. 13th Cartway Hearing. Motion by Dave Fornengo, second by Don Mishler, to grant this authorization. Carried.

Meeting adjourned at 8:44 p.m.

Respectfully submitted, Date signed ______________

Fran Levings, Clerk Also signed by the Chair_________________

Special Meeting, August 4, 2008

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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______________________

Board Meeting, August 11, 2008

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NEW DOSEY TOWN BOARD REGULAR MEETING- AUGUST 11, 2008

Meeting called to order at 7:30 p.m. by Chair Dave Fornengo. Also present were Supervisors Don Mishler and Dave Baker, treasurer Vicki Elliott, and clerk Fran Levings. Present in the audience were Jerry Hanson, Scott Olson, Wes Cemenski, Don Proffit and Al Wolf.

Motion by Dave Baker, second by Don Mishler, to approve both the minutes of the special Board meeting on August, 4, 2008, and the minutes of the regular Board meeting of July 14, 2008, as printed. Carried.

Treasurer Vicki Elliott presented the August treasurer’s report. (attached to file copy).

Fund Balances were: General Fund $27,693.98

Road & Bridge Fund 5,552.36

Cemetery Fund 84.59

Fire Protection 0.00

Fire Hall Fund 309.07

CDs $91,568.59

The treasurer said that she had cashed in CD 124417 this month to pay for the truck the township purchased. Clerk suggested not doing a fund transfers until the September meeting when CD 124417 will be included in the Road & Bridge Fund. Motion by Dave Fornengo, second by Don Mishler, to approve the treasurer’s report. Carried unanimously.

Clerk Fran Levings presented the Claims List and the Net Pay List for approval. (Attached to file copy). Motion by Dave Fornengo, second by Don Mishler, to pay these bills. Carried unanimously.

CLERK’S REPORT:

1. Clerk called Pam Oslin, 911 coordinator, about road signs for Ennerstrom Road, Little Fawn Drive, and Bee Hive Lane. Ms. Oslin said the requests are now “in her computer” so we should get these signs eventually. She said she notified landowners on these roads of an address change.

Clerk mailed copies of the Ice & Snow Removal Policy to all landowners on the 2007 Plowing Private Drives list so they will know that the fee for 2008 is $120 and the deadline for payment in Nov. 1st.

2. Report on Short Course clerk attended on July 18th in St. Cloud.

a. Annual meeting minutes must be signed by clerk AND the election judges.

b. Board of Supervisors sets salaries for board members as long as it does not exceed what electors designate. Most Boards DO pay for attending Annual Meeting because both clerk and treasurer work at the meeting and the supervisors give input on professional business.

c. Cannot transfer $ from Road & Bridge Fund to General Fund until Gas Tax amount has already been spent.

d. The only items that are binding at the Annual Meeting are the levy and the maximum spending amounts. Otherwise, most decisions are advisory.

e. For publishing notices-all 7 days of the week and holidays and Sundays do count, not just the 5 business days. The 1st day of publishing does not count, but the day of the meeting does.

f. Planning Commission meetings do not need to be published, just posted.

g. Sealed bids must be solicited for contracts over $100,000. Special assessments have a threshold of $50,000.

h. Clerk attended a session of budget and will report on that under New Business.

ZONING REPORT:

1. Motion by Dave Fornengo, second by Dave Baker, to accept Jim Allen’s resignation from the Planning Commission. It is hard for him to get around now. Carried.

2. Call from Gale Kespohl, Township Septic Inspector, who said that our Township does NOT require a septic inspection at the point of sale, except for shoreland property.

3. Call from Edina Realty in North Branch saying that a survey was done on Helen Feldt’s former home and her garage is 2.4 ft. on the road “right of way”. We will get a copy of the survey.

Before continuing with the agenda, Don Profitt, Jerry Hanson, and Scott Olson (representing Sno-Camp) presented the Board with a Petition for a Cartway. Dave Baker explained that a bond must be posted and money from the bond will be used to pay all expenses and any balance would be refunded when a cartway has been determined. Motion by Dave Baker, second by Dave Fornengo, to set bond at $5,000. Carried unanimously. Clerk will notify the affected landowners and have legal notices published. Motion by Dave Fornengo, second by Dave Baker, to set Sept. 13, 2008, at 10 a.m. as the date for the special meeting to consider the cartway petition. Carried.

OLD BUSINESS:

1. Al Wolf explained that the Wind Meter study is on hold at present. He plans to call Davis Instruments and have them help him walk through the problem.

2. The snowplow truck will be picked up this week from Larson Implement in Cambridge.

3. Consensus was that the special August 4th meeting of the Board went well-That the so-called Kirchberg Road is a private road and will be handled via a Land Association being formed by those in attendance.

NEW BUSINESS:

1. Clerk explained that there is a movement nationwide to do away with local governments (i.e. townships) and let the counties do the governance. A Land Stewardship group is active in MN to prevent this. She will keep the Board apprised of developments.

2. Motion by Dave Fornengo, second by Don Mishler, to contract once again with Robert Brewster to do the assessment work for the township at a price of $2964.50 Carried.

3. Budget Discussion-The Clerk presented a list of receipts and disbursements for 2007. She said the township is spending more than it is taking in. She learned at the short course of MAT (MN Ass’n of Townships) that this is quite common for many townships. Townships, since they no longer get state timber sale monies, are taking from reserves and cashing in CDs to meet expenses. She made some suggestions for cutting expenses and raised the specter of possibly trying to raise the levy at the annual meeting next March.

4. Chair Fornengo said he has gotten some requests from weekenders to consider closing some Minimum Maintenance roads during the spring mud season.

ANYTHING ELSE TO COME BEFORE THE BOARD?

1. Don Mishler suggested getting fuel tank for diesel fuel for the truck. Jerry Hanson said he would like to donate a 500 gallon gas tank to the township. It is on his Kingsdale property and he would deliver it. Motion by Don Mishler, second by Dave Fornengo to accept his offer Carried. The Board thanked him. Scott Olson said that tanks on stands are no longer legal and he offered to help get the donated tank up and running for the township. He also said the township can get a rebate on taxes on undyed fuel. Dave Fornengo asked about standards on gas tanks. Scott Olson said the MPCA has them.

2. Dave Baker reported on a phone call from Deloris Schirmer stating that she thought the gravel placed on Squib Creek Drive by her driveway had too many rocks in it. Dave went to look, then told her that the rocks were necessary to help prevent frost boils in the spring.

3. Dave Baker also reported on a phone call from John Frank, who owns property on School House Drive asking when gravel would be put on the road. Mr. Baker told him that School House Road is on the work list for 2008.

Meeting adjourned at 9:20 p.m.

Respectfully submitted,

Fran Levings, Clerk__________________________________

Also signed by the Chair. ______________________________

Date Signed _______________________________