SPECIAL TOWN MEETING- NEW DOSEY TOWNSHIP- APRIL 28, 2014
Meeting called to order at 7pm by Clerk Fran Levings. Also present Dave Baker, Jason Fornengo, Dave Fornengo, Anthony J. Fornengo, Agnes Sexton, Don Mishler, Marlene Mishler, Karen Murphy, Jerry Woelfel, Alan Woelfel, Danial Lokken, Paul Fornengo, Cheryl Fornengo, Joe McCarthy and Becky McCarthy.
Clerk Levings welcomed the group and thanked them for driving so far on a cold, rainy and windy night. She said that the public was notified of this meeting by a legal notice in the Pine County Courier, a legal notice on the township website, announcements on both the bulletin board and the notice board. All affected property owners were sent a letter of notification and local residents were notified via a phone call. She reminded the group that the only topic under discussion for tonight’s Special Meeting was to ask the voters to decide whether or not to authorize the town board to re-assert its authority over the unnamed road near the Wisconsin border that runs @ 1/4mile north of Pine County Highway 32. She asked each speaker to give his/her name before speaking. She asked that “Approve the Agenda” be added to the Agenda list. She told the group to feel free to help themselves to coffee and cookies.
Dave Fornengo introduced himself as Chair of the town board. Dave Baker and Jason Fornengo introduced themselves as Town Supervisors.
Dave Fornengo made a motion to appoint John Fornengo as moderator of the meeting. Motion seconded by Agnes Sexton. Carried.
Motion by Agnes Sexton, second by Dan Lokken, to approve the agenda. Carried.
Dave Baker explained the background of this road and the position of the town board on this issue. The road was established by road order in 1916. An east-west road had been vacated. The road was established as a 4-rod road. Mr. Baker reported on a conversation he had with an attorney with the Minnesota Association of Townships. This road is the sole means of legal access for a property owner. It looks like a road and has been used as a road. Another indication that it is a road is a survey marker in the middle. Records were lost when the township went out of business and the township has no record of having worked the road for at least 25 years. In order for the town board to spend money on this road, a vote or motion of the electors present at a Special Meeting must be taken. The Special Town Meeting of Sept. 10, 2013 indicated that the affected property owners would work out an easement. Since the town board has seen not movement on an easement process. The MAT attorney said it would be a good idea to set a date by which has easement agreement has been reached. Mr. Baker suggested July 15 as a possible deadline.
The meeting was opened for comments and questions.
Dan Lokken asked if there was a benefit to spending township money on this road?
Clerk Levings responded that the benefit is fulfilling our obligation to provide access to a landlocked property owner.
Agnes Sexton said that no property owner should ever be left landlocked.
Joe McCarthy said he and his brother Jim have tried to work out an easement.
Clerk Levings asked how many meetings were held to try to work out an easement.
Alan Woelfel said that he, the Stadfers and Mr. Caulfield had gotten no response the McCarthys. He said the McCarthys, on their own, did work on the road without asking any other property owners. They also said that a logging company has used this road.
Dave Fornengo said that the logging company had probably gotten permission from the township.
Karen Murphy said that when they moved here 15 years ago, there were trees in the road. She asked why the township gave permission to an employee to work on the road.
Dave Baker responded that the McCarthys would not have been given permission to put gravel on the road and the sometime employee was working in the capacity of a private contractor. It is a road of record and will remain a road as long as it is of use to someone.
Joe McCarthy stated that the decision to work the road was made during the time that his parents owned it and they did not know permission was needed.
Karen Murphy stated that on November 7, 2013, she and Jon Stadther were approached in their home about an easement just as they were about to go out hunting. They suggested to Mr. McCarthy that perhaps there was another route he could use for access. They have not gotten an answer. Emails between her, Jon and Alan Woelfel continued to discuss this issue. She further said that she has spent hours researching how to do an easement.
Becky McCarthy said that they do not have the funds to pay for an easement.
Joe McCarthy said that his brother Jim refuses to be further involved with the problem at this time.
Dave Baker reiterated that the township is obligated to provide access for the McCarthys.
Jerry Woelfel inquired who owns the road.
Dave Baker responded that all town roads began as an easement worked out by the township and Pine County. This road was dedicated to public use.
Jerry Woelfel commented that this road was almost 100 years old and the township has not worked on it.
Dave Baker responded that the road was worked by evidence of its being there and
it was surveyed.
Jerry Woelfel asked if the township pays for the road or would landowners pay for it via an easement or a cartway as a private road.
Dave Baker explained the different ways of obtaining access- town votes to work on the road, someone petitions for a cartway or the parties work out an easement.
Agnes Sexton asked why the adjacent property owners did not want the town to open it as a road.
Karen Murphy responded that, at one time, there were meth labs close to the road and also that anyone could then use the road as a public road- this presented the potential for people having parties, etc. Some property owners have had to chase people off their land.
Dave Baker told the group that the gate now at the end of the road must come down. An easement is up to the property owners, not the township.
Karen Murphy asked how the road would end.
Dave Baker replied that a turn-around would have to be made at the end so that the grader could turn around. The township would do this.
Becky McCarthy said that she and her family did not know that it was illegal to put gravel on the road without getting permission from the Town Board.
Alan Woelfel mentioned a conversation he had with Dave Baker in November when Mr. Baker mentioned a former access- He wanted to know where that access was.
Dave Baker said that access was a former east-west road that was never built due to wetland issues and was vacated by the township in 1916.
Dave Fornengo said Pine County took over management of the road.
In response to Karen Murphy asking if the road would be a Minimum Maintenance road, Dave Fornengo said “Yes”. Dave Baker responded that it might be worked on a Minimum-Maintenance basis, but could be opened to year-round use if there is a need.
Jerry Woelfel inquired as to how much money it would cost the voters of the township to work on this road.