Draft Copy ---Subject to approval
Lakewood Board of Supervisors Meeting
May 7, 2008
Call to Order: Chair Phil Halverson called the May meeting of the Lakewood Board of Supervisors to order at 7:05 p.m. on May 7, 2008 at the Lakewood Town Hall.
Present: Supervisors Shannon Ostazeski, Jerry Larson, Tim Musick, Chuck Campbell, and Phil Halverson. Also present: Clerk Beth Foudriat, Treasurer Brenda Lagarde, Department Heads and general public (register attached).
Pledge of Allegiance: The Pledge of Allegiance to the Flag of the United States of America was recited by all present.
Review of Agenda: Additions requested in unfinished business: 1) supervisor meeting fee policy, 2) Center for Rural Planning update. Motion by Ostazeski to approve the Board of Supervisors May 7, 2008 agenda as amended. Second by Campbell. Motion Carried unanimously.
Review of Minutes:
April 2, 2008 Board of Supervisor meeting– corrections of the minutes pg 1 addition of Deputy before Treasurer, pg2 under public comment changing met to meet, illegal to appropriate, and correcting identifying Gene Bromenshenkel, pg 3 adding Commission after Planning and Zoning, and correcting the spelling of Mr. Follmer name, pg 6 MPAC (committee reports) change no report to No one attended, pg7 correcting spelling of Ostazeski - 3 times, pg 8 Board of Adjustment correcting name from Keith to Kevin-2 times and correcting the spelling of Jim Levang, Motion by Ostazeski to accept April 2, 2008 minutes of the Board of Supervisors as amended. Second by Campbell. Motion carried unanimously.
Clerk reported that the minutes of the April 2,2008 Board of Supervisors meeting and the April 16, 2008 Special Board of Supervisor Meeting for Lipe Amended CUP did not record due to equipment issues. Chairman Halverson asked if any member of the public had a recording of the meetings and could they provide them for our files. Mr. Lipe stated he would provide the copy.
Financial:
Treasurer’s Report: Treasurer Brenda Lagarde presented the cash control statement for January 1, 2008 through May 7, 2008. Beginning Balance of $221,122.96 with Total Receipts $59,168.64 and total disbursements of $167,765.70 with an ending balance of $1112525.90 which balances with the clerk books. $320. of deposits are in transit with $2,714.48 in outstanding checks and Balance with the bank of $114,920.38. The total funds are in balance with the Clerk’s records and with outstanding checks, in balance with the monthly bank statement.
Treasurer Brenda Lagarde reported the road aid had come in. Certificate for Deposit is up for renewal on June 6, 2008. P.E.R.A. requested that our paper salary report be filed by computer and have the state take out PERA directly from the account electronically. Still would get monthly claim, but not longer have paper transactions.
Motion by Musick to approve the Treasurer’s financial report 1-1-08 through 5-7-08. Second by Ostazeski. Motion Carried unanimously.
Resolution by Musick to approve the electronic monthly transfer to PERA. Second by Campbell Motion by Musick to approve the Treasurer’s financial report 1-1-08 through 5-7-08. Second by Ostazeski. Motion Carried unanimously.
Bills/Claims: Clerk Beth Foudriat highlighted some of the larger claims due in the last month, for a total claim amount of $24,076.79. Motion by Musick to pay claims 4879 through 4926 in the amount of $24,076.79. Second by Campbell. Motion Carried unanimously.
Budget: Deputy Treasurer Brenda Lagarde highlight that the Interim financial Report on pg 2 for Planning and Zoning the actual figure does not include tonight approved claim for Butler and Hanft Fride, of $1,336.00 and $6,612.00 respectively.
Public Comment:
Al Eastman: Attorney fees of $16,636 already expended are over the $15,000 budget. Suggested canceling any more attorney fees. He felt Attorney Butler charged for writing an opinion on an opinion he had previously written. The town needs to be fiscally responsible and compromise.
Tim Huchthausen: Question what the * in the Land Use Chart in the Zoning manual and what does governed by state mandate mean. Zoning Administrator was able to explain that they referred to daycares, etc which are governed by the state. Secondly, asked with the upcoming lawsuits who will cover cost if we lose?
Bob James: He expressed the desire to have descenting votes noted in the meeting minutes. Also, 4 committees which a member from the Board of Supervisors are to attend to represent the township and he expects reports. The job of the supervisor is to manage the township fiscally and wants a plan to where we are heading. In 2008 we are in a deficit already and the township people cut the 2009 budget by 1/3, how are we going to deal with that? 80% of the townships do not have a Planning and Zoning Commission and St. Louis Cty has a Planning and Zoning in place . We could save approx. $ 35, 00 per year if we eliminated the planning and zoning commissions.
Sid Simonson: Pending litigation, how are we going to pay for it if we lose? Wanted to ask each supervisor. Musick responded by stating such a settlement has never occurred in the state of MN. Larson: Sensitive matter and until court decision doesn’t not want to talk. Campbell: no opportunity to talk until decision has been Ostazeski: discussed insurance coverage at last meeting and will proceed as if township can win the case.
Jerry Lipe: There will be a bill even if you win.
Greg Follmer: In the documents of Mr Lipe’s appeal mischaracterized the property, by suggesting many owners.
Town Attorney Report –attorney not present
Department Reports:
Fire—Kurt Rogers
- Five calls in past month— two trees on power line and one car accident
- Truck from DNR needs to be outfitted with nozzles. Requesting approved for purchase 2 nozzles at $440 each.
Motion by Musick to approve up to $$880 for 2 hose nozzles 2nd by Ostazeski. Motion carried unanimously.
-Burning restrictions are on due to fire danger. Gneason has 2 grass fires.
Maintenance & Grounds - Don Putnam
- Work needs to start but wants to wait until new person is hired.
- Post around hockey field need to be straightened end
- Soccer field needs work, but they have started to play.
- Don wants to be done by June 30th and will help train people.
- Fence is needed around trees by fire dept because deer are eating them.
- Furnace room flooring is done. Furnace filter caused the furnace to stop working last month.
Road & Bridge - Don Putnam
- Beyer rd has been graded 5 times this spring by the county.
- Need to get Kuntz to start work.
- County has flattened some culvers and are trying to fix.
- Complaint on of dust on Maple Rd. Resident suggested putting out dust retardant. Dust Counting of Mt Iron would charge $1,600 to do the ½ mile of road. The road can’t be graded after coating because you remove the coating. Other roads have had complaints of dust.
- Hiring process- started 5 applications in and advertised in the Town Crier and Duluth New Tribune. Supervisor Halverson: 2 ways to proceed – Board of Supervisors meet or a group of 2 review the application and make recommendation to the board. Musick: Prefer review with Don and Shannon Ostazeski to narrow down before interview and make recommendation. What is the timeline? Larson: He would like to be part of the hiring. Ostazeski: Filter applications and make recommendation to Board of Supervisors. May 14, 2008 at 7 pm to review application with Ostazeski and Musick and Don Putnam. May 22nd to meet with the Board of Supervisors.
Motion by Ostazeski to set meeting form May 22, 2008 at 8 pm to make hiring decisions for Road and bridge Foreman, and Building and Ground Supervisor. Second by Musick. Motion Carried unanimously.
- Don received a letter from Tammy Nelson resigning position giving two weeks notice as of May 7, 2008, completing by May 21, 2008. Ostazeski: Let Don higher person to fill vacated cleaning position and new person hired will need to know about this situation.
Recreation - Scott Anderson
- Skating building number of people on the sign up list and he will contact them.
- Employee driving
Cost of renting a bus is $185 plus fuel surcharge for 4 hours, ISD does not rent during summer, Custom - $110 per hour, Budget for a van $140 per day. If parents drive it is hared to get parents coordinated. Here at town hall not much to do therefore most day are gone. Cost is $25 for the summer plus fee for activity. This does not cover the cost of a bus. Bob Wolfe: Can you have parents meet and do some scheduling and pre-sign up.
Scott: Aver 18-20 a kids a day. Supervisor Ostazeski presented written draft for driving policy. (see attached) Discussion on policy: Question regarding paragraph on insurance and in paragraph 3 use 911 in an emergency otherwise call parent. Motion by Larson township employees may not transport recreation program participants. Second by Ostazeski. Motion Carried unanimously.
- This leaves Scott to determine when he will need transportation and ask parent to pay. He can lay out plan to parents. Also meet with staff to determine if staff will be transporting others staff and need to have endorsement on insurance.
Motion by Ostazeskifor a break at 8:48 pm to complete financial transactions. Second by Larson. Motion Carried unanimously.
During the recess financial business was completed. Meeting resumed at 9:05 pm.
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Planning & Zoning Commission – Bob Wolfe
- Working on language about transportation of fill, due to a complaint.
- End of Comprehensive Land Use ending soon and Planning and zoning would like to have more discussion with them. Plan to get Planning and Zoning on CLU agenda.
Zoning Administrator Report - Brennan Mears
- No zoning permits issued in the past month.
- Attorney Strom has a conflict of interest in variance for Loren Johnston and another attorney was hired, Attorney Butler. A Board of Adjust variance public hearing for Lauren Johnston is scheduled for April 10th difficult for new lawyer to be prepared by April 10, 2008 and with in the current 60 day. Motion by Larson to extend 60 day rule. 2nd Musick. Discussion:Property on Mass Ave looking for easement due to cartway/private driveway. Issue on how to use easement and how the parcels were put together. Attorney Strom did not charge. Motion carried. Brennen to draft letter.
Supervisor Ostazeski: fine to extend motion, but want to limit amount of time of lawyer. Supervisor Halverson: Not responsible act to set dollar amount. Supervisor Ostazeski:Open ended and want to have more control on time spent. Motion by Ostazeski Attorney fee to exceed $500. No second.
- Variance May 1st on Keith and Heather Salter on building a garage with wetland and lack of proper set back.
- Fill ordinance committee formed to look at issue. Borrow pit issue not residential fill. Looking at 8,000 – 10,000 yard and regulating when hauling to occur.
Recycling - Merle Abernethy
- Everything is operating fine.
Committee Reports:
MPAC- No report
NSMB – Meeting 3/27/08 Supervisor Musick unable to attend. No report.
DAT – DNR talked about fire arm safety and talked about regulations. Next meeting 5/15/08, Supervisor Campbell unable to attend. Supervisor Ostazeski will attend.
SLCTA - No report.
Unfinished Business:
1. Town Newsletter - April edition. Items to include: Supervisor Ostazeski suggested an article about driveway graded with crown to help with run off.
2. Comprehensive Land Use Plan update—
3. Meeting compensation for supervisors.
New Business:
1. Appointment of Office Coordinator
2. Center for Rural Planning MAT Short Course May 13, 2008
3. Board & Commission meeting notification by email
Correspondence:
1. St. Louis County Annual Report –will be in office
2. St. Louis County Planning and Zoning Ordinance change for septic systems. Already address earlier in meeting.
Motion by Musick to adjourn meeting. 2nd by Campbell. Motion carried. Meeting adjourned at 11:30pm.
Respectfully Submitted;
Beth Foudriat
Town of Lakewood Clerk