Category Archives: Board Minutes

Board Meeting, November 10, 2008

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MINUTES-NEW DOSEY TOWN BOARD REGULAR MEETING-NOV. 10, 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, Clerk Fran Levings, Joe Alberio, Trail & Waterways Specialist, Al Wolf and Todd Elliott.

Motion by Dave Baker, second by Don Mishler, to approve the minutes of the regular meeting of the Board on October 15, 2008, as printed. Carried

Joe Alberio, Trail & Waterways Specialist with the Department of Natural Resources, Moose Lake, Minnesota made and presentation and answered questions. He said that with the elimination of the Pine County Land Department, there will be more work for the State now. State forest trails are closed now for deer rifle season. He said a study is being conducted about opening the Munger Trail to ATVs and motorcycles in addition to snowmobiles. The state is looking at the environmental impact of this move. He provided a map of the Munger Trail in New Dosey Township (attached to file copy of these minutes). He asked if the Munger Trail was on the right-of-way on township roads. Dave Baker responded that the question of whether or not roads are township roads is a problem for the Township. Supervisor Baker went on to explain the proposed legislation the Board has submitted to the Mn Ass’n of Townships for review. Dave Fornengo suggested treating the Munger Trail as a “minimum maintenance” road. Mr. Alberio said the State would have assistance available. Dave Baker explained what the Township did about opening up 1 and ½ miles on the School House Road. Mr. Alberio said that the State has an interest in having the Munger Trail be public access. He asked if roads could be gated. Dave Baker said not if a road is considered to be a town road. Mr. Alberio said the State must have an agreement with the Township on the status of the Munger Trail. Dave Fornengo expressed a concern that landowners on the Munger Trail going south of Hwy. 32 would ask for plowing from the Township if this part of the Munger Trail is diverted. Mr. Alberio said he will send an agreement from the State to the Township to be placed on a future agenda. The Board thanked him for his time and input.

Treasurer Vicki Elliott presented the Treasurer’s Report. (Attached to file copy)

Fund Balances are: General Fund $22,831.55

Road & Bridge (7,027.99)

Cemetery (186.62)

Fire Protection (3,500.00)

Fire Hall 309.07

Cartway-Proffit, et.al 4739.09

CDs $70.079.23

Discussion ensued as to the financial shortfalls of the Township. Treasurer Elliott said that 2 state finance deposits and the second half of the property taxes will come in before the end the year. Motion by Dave Fornengo, second by Dave Baker, to approve the Treasurer’s Report. Carried.

Clerk Fran Levings then presented a preliminary budget report. She said there are too many variables at this time to prepare a line item budget- the levy was raised for 2009, therefore, we will have more income and the gas tax will rise in 2009. She suggested making some changes at the annual meeting. These could include publishing notices in only one newspaper, lowering the amount given for Contracts for Services, a salary freeze, and implementing a mail-in voting procedure for elections. Treasurer Vicki Elliott said she will bring information on the Perpetual Care program that Arna Township uses for its cemetery expenses.

Clerk Levings presented the Claims List for Approval and the Net Pay for Employees list (Attached to file copy) Motion by Dave Baker, second by Don Mishler, to pay these bills. Carried.

CLERK’S REPORT:

1. Presidential election results for our township: McCain- 26 votes, Obama-14

votes, Nader-1 vote. (The entire township summary sheet is on file at the town hall).

2. 28 persons have paid to have private drives plowed this winter.

ZONING REPORT:

1. Land Use permit # 60 was issued to Robert Flipp (one of the Hessler cabins) to put on an addition.

2. Sent letter to Don Sears about moving a building on to his property on the Rash Road.

OLD BUSINESS:

1. Allen Wolf distributed handouts on the wind velocity in our town site.

2. Todd Elliott reported that all of the required road work for 2008 has been done except for some ditching.

3. Dave Fornengo reported that the fuel containment device has been delivered to the town hall.

NEW BUSINESS:

1. Dave Baker reported that the proposed legislation of the Township was approved by the Pine County Township Officers at their Oct. 25, 2008, meeting. Clerk Levings reported that she learned at the meeting that the Arrowhead Transit Company will begin bus service from Cloverton, Duxbury, and Markville to Sandstone and Pine City in January, 2009. The bus will come out here on Tuesdays. She also said that PHASE will be doing the recycling for the County now.

2. Dave Baker reported that he, Micheal Hanson and Don Proffit, met with a Wetlands Consultant,Jim Warren, from Duluth on November 6th . Supervisor Baker gave the following information to the Board and will present it again at the next Cartway Hearing. Mr. Warren found considerable problems with Option # 1. He then examined the route suggested by Jerry Hanson (a combination of Options 1 & 2). He said mitigation here would be at a minimum. He said the Township could re-assert an interest in the old town road. It is possible that the Town’s interest in the cartway could alleviate the costs of mitigation. Supervisor Baker plans to consult with attorney Jay Squires about this. The work itself could be done with wheelers, etc. The cartway could be built in such a way as to minimize the effects of construction on the wetlands. This route, however, stops at Don Proffit’s property. Something would have to be constructed then to get to Jerry Hanson’s property. Mr. Warren not only looked at the wetlands situation, but also at how the cartway would be built- it should be built with little wetlands impact. Motion by Dave Fornengo, second by Don Mishler, to set the next Cartway Hearing for December 6th (subject to change) at 10 a.m. in the Town Hall. Carried. The clerk will notify the participants.

Meeting adjourned at 10:03 p.m.

Respectfully submitted,

Fran Levings, Clerk

Also signed by the Chair ___________________________

Date signed ______________________________________

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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______________________