March 2020 Election Filing

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MARCH ELECTION FILING

            Voters of New Dosey Township may file for either of the following offices for the March 2020 election:

                        Supervisor- (3-year term)

                        Clerk- (2-year term)

            Filing dates are from 8 am on December 31, 2019, until 5 pm on January 14, 2020.  Filing fee is $5.  File with the township clerk by appointment (320)242-3933 or at the January 8 Board Meeting at 7:30pm. 

                                                                                    Fran Levings, Clerk

MINUTES- REGULAR NEW DOSEY TOWN BOARD MEETING-NOVEMBER 13, 2019

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MINUTES- REGULAR NEW DOSEY TOWN BOARD MEETING-NOVEMBER 13, 2019

Meeting called to order at 7:30 pm by Chair Dave Fornengo.  Also present were Supervisors

AJ Fornengo and Jason Fornengo, Clerk Fran Levings, Dave Baker, Township Assessor Bob Brewster, Don Schirmer, Ron Mosser, Jeff Lindgren and Don Eddy.  Absent were Treasurer Mandy Fornengo and Deputy Clerk Tamara Miritello.

PUBLIC INPUT:

  1.  Ron Mosser said a motion had been approved at the Annual Meeting to not do roadside brushing this year and he asked why it was done.  Chair Fornengo responded that it was discussed at the Annual Meeting, but no motion was passed. He further said that some residents had requested that the roadsides be cleared this year and there is no plan to do so in 2020.  Don Schirmer commented that the roadside brushing this year was not very effective.
  2. Bob Brewster used his Public Input time after the Zoning Report was given.  He expressed his concern with the proposed Pine County policy to, beginning in 2020, to do the assessing, thus eliminating the positions of township assessors.  He said he has been the assessor for New Dosey Township for 15 years and believes he has provided excellent service.  He does not think the quality of assessing will be as good or as thorough as it has been with him because he can take the time to give special attention to each parcel. He drew Supervisors attention to the 2 letters in their packet- one from him and another from the Pine County Administrator.  These letters present differing costs of the proposed policy.  Mr. Brewster maintains that it will be more expensive for townships under county assessing.  He encouraged representatives for our town board to attend the November 26 meeting in Sandstone to speak in opposition to the proposal.   Both AJ Fornengo and the Chair indicated that they will try to attend the meeting.  No action was taken on Mr. Brewster’s request to get a 2-year Assessing Contract agreed upon by the Board.

Mr. Brewster also inquired about an assessment for Deloris Schirmer and Chair Fornengo said we should know after the first snowfall where the boundaries of the turn-around are.

Motion by Dave Fornengo, second by AJ Fornengo to approve the Agenda.  Carried (3-0).

Motion by Jason Fornengo, second by Dave Fornengo, to approve the Minutes of the October 3, 2019, regular meeting of the Board.  Carried (3-0).

Motion by AJ Fornengo, second by Jason Fornengo, to approve the Minutes of the Johnson Cartway Hearing on October 28, 2019.  Carried (3-0).

TREASURER’S REPORT:

Clerk Fran Levings presented the Treasurer’s Report as prepared by Treasurer Mandy Fornengo.

FUND BALANCES:

            General Fund                                                   $7,577.63

            Road & Bridge Fund                                        $14,053.92

            Cemetery/Landscaping Fund                          ($152.55)

            Fire Protection Fund                                       $13,137.75

            Fire Hall Fund                                                  $125.45

            Driveways Fund                                               $6,061.03

            Cartway-B. Johnson                                         $2,000

            Savings Account                                              $1.164.83

            CD                                                                   $19,436.02

            TOTAL FUNDS                                                 $63,404.08

Chair Fornengo questioned the large amount in the Fire Protection Fund.  Clerk responded that the township has over-levied in that fund for a few years now and that the Board lowered the levy in this fund for 2020.

RECEIPTS-OCTOBER, 2019

            Dan Raboin                             Land Use Permit                     $25.00

            Randy Maxwell                       Land Use Permit                     $25.00

            Tri Township Disposal             Reimbursement-Meetings      $300.00

            Mark Berres                            Plowing Private Drive             $120.00

            Scott Walberg                         Land Use Permit                     $25.00

            Jason Fornengo                       Plowing Private Drive             $120.00

            Brandon Johnson                     Cartway Bond                          $2,000.00

            State of MN-ACH Funds          ½-Ag Market Value                 $54.66

            Northview Bank                      Interest-Checking                    $5.75

            Northview Bank                      Interest-CD                              $61.04

            TOTAL RECEIPTS                                                                     $2,736.45

Motion by Dave Fornengo, second by Jason Fornengo, to approve the Treasurer’s Report.  Carried (3-0).

CLAIMS & PAYROLL LISTS FOR APPROVAL:

Clerk Fran Levings presented the Claims and Net payroll lists for approval.

CLAIMS:

 #7108             ECE                              Electricity                                $55.00

#7109              Askov Deep Rock        Winchout                                 $250.00

#7110              Dave Fornengo            Cartway,Mileage,Gas,Lease   $239.78

#7111              AJ Fornengo                Cartway, Planning                   $120.00

#7112              Fran Levings                Cartway, Mileage                   $195.80

#7113              Tamara Miritello        Cartway                                   $50.00

#7114              MJC Equipment           Equipment Rental                   $355.30

#7115              AT&T                           Telephone/Internet                 $97.46

#7116              Sebald Motor              Plow Truck Repair                   $449.69

#7117              Couri & Ruppe,LLP      Legal Services                         $700.00

#7118              Bjerke Law Offices      Legal Services-Cartway           $112.50

#7119              Northstar Media         Legal Notices-Cartway & Plowing  $348.34

#7120              NAPA-Sandstone         Brake Fluid                              $26.99

#7121              Hopkins Sand & Gravel – Gravel                                 $921.26

#7122              Kettle River Grafix      Posters                                    $5.00

#7123              Jason Fornengo           Road Matting                          $353.22

#7124              U.S. Postal Service      Certified Mail-Cartway           $7.00

#7125              Casey’s Store               Motor Fuels                             $28.93

#7126              Chris’ Gas Center        Motor Fuels                             $43.18

#7127              Sandstone ACE            Tools & Shovels                       $81.83

#7128              Office Depot                Office Supplies                        $24.08

TOTAL CLAIMS                                                                                   $4,464.36

GROSS PAY:

AJ Fornengo                $100.00                                   Mandy Fornengo         $150.00

Dave Fornengo            $345.00                                   Fran Levings                $430.00

Jason Fornengo           $100.00                                   Tamara Miritello        $180.00

Julia Fornengo             $37.50                                     Doug Wiita                  $637.50

Motion by Dave Fornengo, second by AJ Fornengo, to pay these bills.  Carried (3-0).

CLERK’S REPORT:

  1.  Reminder- All-Community Get-Together- Dec. 7- Potluck-5:30pm
  2. Motion by Dave Fornengo, second by Jason Fornengo, to approve a Resolution Designating the Cloverton Town Hall as the Polling Place for 2020.

ZONING REPORT:       Zoning Officer Fran Levings stated that she has been the Interim Zoning Administrator since 2007 and she requested that she be moved up to being the Permanent Zoning Administrator.  Planning Commissioner Don Schirmer strongly objected to this move and stated that the Zoning Administrator position should be posted for applicants.  The Board tabled this until the December meeting.

OLD BUSINESS:

  1.  January 24, 2020, was set as the date for the 2nd Brandon Johnson Cartway Hearing.
  2. The 2019 Road Work Order was tabled to the December meeting for sign-off.
  3. NPAHD Report- Fran Levings reported that a Special Award will be given to Cheryl McHugh, Administrator-Therapeutic Services Agency, Pine City, and to Eric Nielsen, Administrator-Gateway Clinic, Sandstone, for their work in establishing a Mental Health Therapist at the Gateway Clinic. These awards will be presented at the November meeting of the NPAHD Board.
  4. Regarding the Don Eddy Cartway- Chair Fornengo learned that if a Cartway petition is withdrawn 9 days before the scheduled date of the Hearing, no Hearing needs to be held even though all Legal Notices have been published and posted.  Therefore, motion by Dave Fornengo, second by Jason Fornengo, to reimburse Don Eddy for those expenses he paid to Board members to attend the Cartway Hearing.  Carried (3-0).  Those Board members who were paid will forego their compensation for the upcoming December meeting. 

NEW BUSINESS:

  1. Dave Baker presented the Annual Report of the Tri-Township Disposal District.  He distributed copies of the report and said their Treasury is in solid b++shape.  The District kept the old garbage truck and has used it for back up this year.
  2. Clerk Levings reported on the Pine County Township Officers Meeting- She gave the following highlights. (1) State Senator Jason Rarick said he plans to try to amend the ‘6-Year Rule” regarding public roadways so that property will have to be notified if their land will be taken. (2) County Board Member  Steve Hallan explained how the recent data breach occurred. 2 people tried to get a woman’s SS check put into one of their bank accounts.  (3) Auditor Kelly Schroder said MN will have a Presidential Primary on March 3, 2020.  Mail-in Ballot recipients will have to choose one ballot of the political party of their choice and only vote on that ballot. (4) County Attorney Reese Frederickson said the County has established a Veteran’s Court.  He also said that the top 5 drug dealers in the county have all been charged. (5) Sheriff Nelson urged people to contact his office about any suspicious activity.  (6) The Regional Census Director stressed how important it is to complete the census survey.  (7) Levings spoke at the meeting about the NPAHD.  (8) Mindy Sandell now works with Ben Weiner in the County Veteran’s office.  (9) Jim Fischer, MAT, said they are considering not having Summer Short Courses anymore.

Don Schirmer said he attended this meeting also and the Sheriff has added another deputy.

MEETING ADJOURNED AT 8:40 PM. 

            Respectfully submitted,

            Fran Levings, Clerk

            Also signed by the Chair.  ___________________________  Date ___________

MINUTES-BRANDON JOHNSON CARTWAY HEARING-OCTOBER 2, 2019

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MINUTES-BRANDON JOHNSON CARTWAY HEARING-OCTOBER 2, 2019

CALL TO ORDER:

Meeting called to order at 1 pm by Chair Dave Fornengo. Also present were Supervisor AJ Fornengo, Clerk Fran Levings, Deputy Clerk Tamara Miritello, Brandon Johnson, Tracey Johnson, Mark Stutenbeck, Jeff Lindgren, Jeannie Virden, Tom Mangan, Joe Mangan, John Mangan, Ron

Mosser and Don Schirmer.

Chair Fornengo began the meeting by making some comments.  He stated that a formal petition for a Cartway and a bond of $2000 had been filed by Brandon Johnson and accepted by the town board at its regular October meeting. He further stated that all public notices had published and posted.  He defined a Cartway as a hybrid between an easement and a town road. 

COMMENTS, QUESTIONS AND DISCUSSION FROM THE FLOOR WITH THE BOARD:

Mark Stutenbeck presented a copy of a 1912 Road Order stating that School House Road going west was a township road and thus it provides access to his property.  Chair Fornengo explained that MN Statute 541.023 states that if a road has not been maintained by the road authority (the township) for over 40 years, it is “deemed abandoned” and no longer a town road. Ron Mosser said he saw a double standard with the township beginning to maintain Matt Lourey Trail because a property owner asked it to do so. Chair Fornengo responded that the town has maintained Matt Lourey Trail for more than one year and did not begin maintenance due to a special request.  The township also includes Matt Lourey Trail on its list of certified roads with Pine County.

Jeannie Virden asked if the petitioner is responsible for paying for the construction of the Cartway.  Chair Fornengo said “yes”.

Supervisor AJ Fornengo stressed that an easement worked out among the property owners is a more peaceful method of providing access.

Jeff Lindgren expressed concern about liability- since the road has been abandoned and the township is not liable, then the private property owners would assume liability.  Chair Fornengo said he will contact the MN Association of Townships regarding liability.

Chair Fornengo than exhibited a map on the wall and outlined the Options the town has in providing access:

                        Option # 1- School House Road going west

                        Option # 2- West of Little Ox Creek Drive

                        Option # 3- Heller Road

                        Option # 4- Coming off County Hwy 24

Brandon Johnson stated that he prefers a Cartway that does not cross water.  Chair Fornengo responded that the petitioner would have to work with Pine County Soil & Water to mitigate any wetlands issues.

Supervisor Fornengo again urged the participants to begin a discussion of an easement while he and Chair Fornengo did a “walk through” of the area.

MEETING RECESSED AT 1:50 PM AND WILL RECONVENE AT 4PM IN ORDER FOR THE CHAIR AND SUPERVISOR TO CONDUCT A ‘WALK-THROUGH’ OF THE AREA. 

MEETING RECONVENED AT 4PM (Jeff Lindgen, Ron Mosser and Don Schirmer were no longer present.)

Joseph Mangan said he has an easement on his deed that provides him access to his property on School House Road west.  Chair Fornengo said he would discuss this deed after he explains the results of the “walk through”. 

Chair Fornengo said that the supervisors looked at all 4 Options.  He stated the 3 criteria must be considered (1) least invasive (2) expense and (3) damage to other properties.  During the “walk through”, he had phone conversations with Pine County Soil & Water, the DNR, Pine County Zoning and Pine County Forestry seeking answers so they could best make the decision. 

Option # 2- west of Little Ox Creek Drive- a entirely new Cartway would have to be constructed.

Option # 3- Heller Road-would dissect some property-not a good idea.

Option # 4- Coming down from Hwy 24- too far of a distance- too much work & expense.

Therefore, the supervisors decided to grant the petitioner his requested Cartway route- School House Road going west.

Supervisors did discuss how to lessen the impact this route will have on Jeannie Virden’s property.  Suggested perhaps Jeff Lindgren would allow a section of his property to be part of the Cartway.  Ms. Virden expressed her concern with the noise incurred when School House Road west is being used late at night. 

Chair Fornengo said the next steps in this process are to have a survey looked at or taken and to assess damages.  The Cartway cannot be constructed until damages are paid by the petitioner.  The Cartway will be constructed by the petitioner.  It may be a trail, a Minimum Maintenance style road or a full-blown road-whatever the petitioner decides.  Maintenance of the Cartway will be the responsibility of the property owners.  Conversation then returned to Mr. Mangan’s claim that his deed shows an easement to his property.  The Board needs to see a copy of this deed because it may possibly change the size of the Cartway.  Chair Fornengo requested that a copy of the deed and all surveys taken by anyone be sent to the Clerk before November 8. 

MEETING RECESSED AT 4:50 AND WILL RECONVENE ON NOV. 8 AT 4PM.

MEETING RECONVENED AND CALLED TO ORDER ON NOVEMBER 8, 2019, AT 4 PM BY CHAIR DAVE FORNENGO.   Present were Chair Dave Fornengo, Supervisor AJ Fornengo, Clerk Fran Levings, Deputy Clerk Tamara Miritello, Brandon Johnson, Tracey Johnson, Hunter Johnson, Mark Stutenbeck, Jeff Lindgren, Jeannie Virden, Trevor Nowack, Colin Virden, Joseph Mangan, John Mangan and Tom Mangan.

Chair Fornengo reitetarated that a Cartway going west on School House Road had been granted to petitioner Brandon Johnson on October 28, 2019.  At issue today is the fact that if each of the property owners has an easement on his or her deed as Mr. Mangan does, then Mr. Johnson can use those easements and does not need a Cartway. 

Chair Fornengo said that Attorney Mike Bjerke recommended that a professional Title search and survey be done to create an abstract to determine if other easements exist.  The petitioner will be apprised of the expenses involved with this process.   Consensus of the Board was to have a Title Search and Survey taken.  Chair Fornengo will schedule both of these and a date will be set at the regular town board meeting on November 13, 2019, for a meeting to finalize the decision with all participating persons and the public.

Jeannie Virden inquired about liability and the Chair responded that private individuals would be responsible for any liability cases on their part of the roadway.

Meeting adjourned at 4:40 pm.

Respectfully submitted,

Fran Levings, Clerk

Also signed by the Chair ______________________________  Date _____________________