Approved as amended at May 7, 2008 Board of Supervisors Meeting
Lakewood Board of Supervisors Meeting
April 2, 2008
Call to Order: Chair Phil Halverson called the April meeting of the Lakewood Board of Supervisors to order at 7:03 p.m. on April 2, 2008 at the Lakewood Town Hall.
Present: Supervisors Shannon Ostazeski, Jerry Larson, Tim Musick, Chuck Campbell, and Phil Halverson. Also present: Clerk Beth Foudriat, Deputy Clerk Gene Bromenshenkel, Deputy Treasurer Amber Hutchins, 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: 1) add under correspondence letter from Center for Rural Planning, 2) add under unfinished business compensation for Board of Supervisors for extra meetings. Motion by Musick to approve the agenda as amended. Second by Ostazeski. Motion Carried.
Review of Minutes:
- Agreed to refer Feb. 27, 2008 Special Board mtg. minutes to the Special Board Meeting. Motion by Campbell to approve minutes as written. Second by Ostazeski. Motion carried.
- March 5, 2008- Monthly Board Meeting – question about statement in minutes to refer Feb 25, 2008 meeting to April 2, 2008 board meeting. Campbell understanding that the appeal minutes were approved at the special board meetings. Motion by Ostazeski to table minutes of the of February 25, 2008 to April 3, 2008 special Board of Supervisors meeting. Second by Campbell. Motion carried.
March 12, 2008 – Motion by Campbell to accept March 12, 2008 minutes of the Board of Canvass Meeting. Second by Musick. Motion carried.
Financial:
Treasurer’s Report: Deputy Treasurer Amber Hutchins presented the cash control statement for January 1, 2008 through April 2, 2008. She presented the receipts, disbursements and balances in all funds. The total funds are in balance with the Clerk’s records and with outstanding checks, in balance with the monthly bank statement. Motion by Larson to approve the Treasurer’s financial report 1-1-08 through 4-2-08. Second by Musick. Motion Carried.
Bills/Claims: Deputy Clerk Gene Bromenshenkel presented the highlighted some of the larger claims due in the amount of $21,172.33. Motion by Musick to pay claims 4826 through 4878 in the amount of $21,172.33. Second by Larson. Motion Carried.
Budget: Deputy Clerk Gene Bromenshenkel gave a brief explanation of budgeted funds, and actual receipts. No major income to come in until tax payment in June. Therefore funds show a negative balance until funds come in.
Public Comment:
-Sid Simonson concerned about continued reference to survey and this is what the township wants and questioned the survey’s accuracy. Second concern: regarding the Lipe CUP and the township direction to settle the matter, but no settlement has occurred. Concern about attorney fees. Supervisor Musick responded stating those were recommendations not directions. Supervisor Campbell settlement under advisement by group and can’t settle without knowing if it meets with planning and zoning ordinances. Sid Simonson stated that MN state law states can’t bargain for grandfathered rights and Planning and Zoning commission tired to get Mr. Lipe to give up salvage right to settle. Gene Bromenshenkel responded to the survey concern suggested getting Don McTavish to meet with a group of people. Supervisor Musick responded to Gene; that bringing someone to explain why survey will be brought up later in the meeting
-Tim Huchthausen- Board of Supervisors were directed to restore right LIU10 wondered who is addressing this issue. Supervisor Halverson response that to address this might be approppriate. Huchthausen another motion at the annual meeting was to restore Lipe CUP and requesting a new survey. Survey is used to base decisions. Supervisor Campbell responded Mr. Lipe’s counter proposal is under advisement. Huchthausen-How much has been paid for Hwy 61 lawsuit. Gene Bromenshenkel Deputy Clerk town had to pay first $1,000 and town cost change as the cost increases, but would have to look at insurance policy.
-Jerry Norick- Not every resident got a survey and they should not be sent just to head of household.
-Jason Dillon- He is head of household and did not get survey. Were they surveys signed? Supervisor Halverson responded – no they were not.
-Jerry Norick Not all members of family got survey. They are important and all wanted to get them.
-Jerry Lipe- No person with Lipe name got a survey, but another family member with a different name received one.
-Don Putman-surveys should be sent to each person not just one per household house.
-Al Eastman-No one with Eastman received a survey. Concerned with the general fund $17,000 deficit and continued attorney fees. The township needs to keep more in reserve. Wants town to go back to original Lipe CUP with 2 minor changes, the property has cleaned up. Reorganization meeting Planning and Zoning commission not fill and not everyone on the list has been called regarding the position. Raised concern that Supervisor Larson charged township to go to Fire department meeting. State controlled assisted living situations are in our township and he did not know they existed and would they not be retail sales.
-Bob Gray- township is in a hole financially and does not want to pay taxes for attorney. Expressed desire to get rid of township planning and zoning commission.
-Bob James – Lipe meeting last went to staff discussion and Attorney Reed wanted to enter documents for the record, but unable. Township has gone to court twice over zoning and don’t allow this issue to split the community. We need to make decisions to correct general fund and the deficit it is in.
-Greg Follmer- stated concerned of the mischaracterization of Mr. Lipe and his property and wants the township to move forward on this issue.
Road Bids opened at 8 pm.
3 bids were received –Levine and Sons, Greg Kuntz, and Scott Olson Trucking and Repair. Bids reviewed by the Board and information obtained from Don Putman as to what areas were most important. Discussion: Supervisor Musick most of town roads are in need of gravel and important items is cost of gravel and spreading. Kuntz is the lowest in these areas.
Motion by Musick to adopt bid from Kuntz. Second by Ostazeski. Motion carried.
Department Reports:
Fire—Kurt Rogers
- Six calls in past month—three medical, three fire and one car accident
- Truck from DNR is working fine.
- Requesting $1,000.00 for tool box for 1986 fire truck and fire dept has the money in account.
Motion by Musick to approve up to $1,000.00 for tool box for 1986 Chevy fire truck. 2nd by Campbell. Motion carried.
- FEMA has 2 grants to apply, request $307,000 to replace tanker truck and physical fitness training. Match is 5% for the township. Have the money for the $17,000 matching funds.
Motion by Musick to approve $17,000 matching funds for approx $307,000 grant to replace tanker truck and for physical fitness program. 2nd by Larson. Motion carried.
Maintenance & Grounds - Don Putnam
- Someone entered Maintenance building and some items are missing, weed blower, weed trimmer, chain saw and gas. In town hall building found a bolt in back door to keep door open and a window ajar. Working on report. Insurance will not cover due to deductible. Locks were changed.
Road & Bridge - Don Putnam
- Request an ad be put in paper to find a replacement as soon as possible. He will stay on until new person is trained. Recommend keeping building and grounds, and road and bridge together as one person.
- Laying mostly gravel this year.
- Wait until May 15 to look at road with a couple of Board member.
- No freeze-up culverts yet.
- New township signs received.
Motion by Campbell to resolve to have Supervisor Musick to do what is necessary to replace Building/Grounds and Road/Bridge employee. 2nd by Larson. Motion carried.
Motion by Musick for a break. 2nd by Larson. Motion carried. During the recess financial business was completed. Meeting resumed at 8:55 pm.
Addition to agenda: Appointment of Deputy Treasurer. Treasurer allowed to appoint Deputy Treasure. Consensus to discuss with nominated Deputy Treasurer. Amber Hutchins shared her qualifications. Amber informed that wages were set at last board meeting. Appointment of Deputy does not relived treasure of duties and responsibilities. Gene Bromenshenkel: Deputy to serve in the absence of treasurer. Supervisor Campbell: comfortable with arrangement and don’t see conflict with mother /daughter as treasurer and deputy treasurer. Motion by Musick to accept the appointment of Amber Hutchins to Deputy Treasurer. 2nd by Campbell. Motion carried.
Recreation - Scott Anderson
- Thankful for progress toward getting a new skating building. Wants to know what to do. Mr. Lipe: Probably don’t need architect due to the type of building and could get volunteer labor. Scott to form a committee and notice for committee to be put in newsletter. $15,000 for building in 2009 budget. Supervisor Campbell: Community development grants might be available put need to have a plan. Gene Bromenshenkel: Levy for 2009 but can use capital fund. Good way to get community involvement.
- Summer program to be June 14th – Aug 7th, 2008 on Mon through Wed with some Thurs. Fee for program plus cost of activity.
-Could web master update information on recreation programs, hours and put application for recreation assistance. Also put ad in newsletter for recreation assistants.
- Driving Kids as part of summer program. Bob James: voiced opposition to allowing town employees drive kids due to liability. Supervisor Campbell: suggested having parents drop kids at off site place. Supervisor Ostazeski: Cost of bus? Scott: $80-$ 100 depends on how far. Supervisor Ostazeski: Would like a policy regarding driving kids, board does not want volunteers driving. Motion by Ostazeski policy on transportation issue will be presented at next Board of Supervisor meeting that employees and volunteers not allowed to transport for recreation program. 2nd by Musick. Motion carried.
Planning & Zoning Commission – Peter Miller
- 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 one attended
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— Supervisor Musick talked with Sue Larson regarding reviewing the survey. Don McTavish was contacted and suggested to satisfy concerns by have a printing and paper expert come into discuss differences. Supervisor Ostazeski: Concern expressed regarding address listed used to send survey. Bob James: Suggested using voter registration. Jerry Lipe: More money to have experts come in than sending out new survey. Wendy Robertson: Landowners should get a copy of survey. Abby Simonson: Problems that all did not get survey. Gene Bromenshenkel: 911 list and update list, therefore sent to all residence, one per residence. Person doing survey recommended this. Greg Follmer: Flawed survey and need to redo because people did not get them. Sid Simonson: Not spend any more money on experts to look at paper, just do new survey. Jason Dillion: Send new survey and town to received count. Supervisor Campbell: Review survey done does not answer question of fairness or if everyone received survey not in favor of bringing in someone. Supervisor Ostazeski: Not support to redo survey. High percent return. Survey is used in ways not designed. Concern to people did not receive. Supervisor Musick: Other means of input CLU and not only tool to use. Previously heard desire to show surveys, but not hearing interest now. Supervisor Halverson: Draft on CLU will be present and allow input. Al Eastman: Not have new zoning be based on survey. Gene Bromenshenkel: Have survey done at town hall and use it as another tool. Allow new survey to take place over a long period of time. Do not put the two together. Supervisor Larson: 30% were valid return. 890 sent. Supervisor Halverson 3 options- 1. Expert come in to talk about survey, 2. New survey, 3. Town do new survey. Supervisor Musick: Large number returned, but question if get any more return on another survey. Other ways to give input. Motion by Ostazeski to conduct another survey using previous survey with permission of CRP, landowner and register voter will be able to come in for a month at community center to fill out survey, announcement in Town Crier and regular posting places. No 2nd.
3. Meeting compensation for supervisors. Handout of Lakewood Township supervisor compensation dated a Supervisor Aug 16, 2005. Question was if a Board of Supervisor member was asked to attend a meeting by the Board of Supervisor, there by be compensated $40.00. Supervisor Musick: had a report form state auditors office regarding Fire Dept and wanted Jerry Larson to attend Fire Dept meeting. Supervisor Larson was asked to attend by Musick with no objection of the Board of Supervisors. Fire Dept are a large expense and supervisors have responsibility for dept. Supervisor Campbell: Remembers discussion. Supervisor Larson: State there is some question of which meeting are charged and if a recessed meeting is one or one for each date. He attended two meetings with Fire Dept then stopped. Supervisor Ostazeski: Need to make clear policy and not necessary for Jerry to refund the money. Supervisor Larson: Honestly thought this was policy and he was directed by the Board of Supervisors. Motion by Ostazeski because Board member Jerry Larson attended a Fire Dept meeting at direction of Board of Supervisor’s chair in Board meeting, board concluded he was authorized to be compensated for those meeting under written board policy. 2nd by Campbell. Discussion: Supervisor Ostazeski questioned in house meetings different than a liaison to a dept meeting. Supervisor Musick: questioned if compensation is daily compared to one meeting even if reconvened. Supervisor: Halverson meeting convened is compensated each time convened. Other meetings not convened then not compensated. Supervisor Ostazeski: to work on language of new policy. Motion carried.
Motion by Larson to move for a ½ hour extension. 2nd by Musick. Motion carried.
4. Appointments to Planning and Zoning Commission and Board of Adjustment. Chairperson to appoint member to terms and approval is on majority vote. 20 names on file to fill positions.
Board of Adjustment:
Supervisor Halverson: Reappoint Steve Geving to chair, reappoint Kerry Lieder as alternate, nominate Kevin Boovee for open position. Motion by Musick to approve appointment of Kevin Boovee to Board of Adjustment. 2nd by Ostazeski. Motion carried.
Motion by Campbell to reappoint Steve Geving as chair and Kerry Leiter as alternate to Board of Adjustment. 2nd by Ostazeski. Motion carried.
Planning and Zoning Commission:
Supervisor Halverson: 9 members with 2 terms up and one open position. Bob Wolfe and Dick Bodine to new 3 year terms.
Motion by Ostazeski to reappoint Bob Wolfe and Dick Bodine to another term to Planning and Zoning commission. 2nd by Musick. Motion carried.
Supervisor Halverson: Nominate Diane Holliday-Welsh for open 3 year term. Motion by Musick to accept appointment of Diane Holliday-Welsh to Planning and Zoning Commission. 2nd by Larson. Motion carried.
Supervisor Halverson: Nominate Jim VaVane for open 1 year term. Motion by Ostazeski to accept appointment of Jim Vevang to Planning and Zoning Commission. 2nd by Campbell. Motion carried.
New Business:
1. Breeze Inn Liquor License
Motion by Musick to authorized clerk to grant request of St. Louis County for annual certificate for Breeze Inn Liquor License. 2nd by Campbell. Motion Carried.
Correspondence:
1. Center for Rural Planning offered a free 3 hour training to Board of Supervisors, and Planning and Zoning Commission for Community After Dispute Resolution training. Motion by Musick to accept training proposal and include Board of Adjustment in training. 2nd by Ostazeski. Discussion: Supervisor Ostazeski: the CRP would come for just our township. Motion carried.
2. MAT Short Course occurring over the next weeks.
Motion by Larson for any member of Board of Supervisors and Clerk that attend Mat Spring short course be reimbursed for mileage and registration. 2nd by Campbell. Motion Carried.
3. Letter from Evie Simonson regarding concerns at running the annual reorganization meeting on March 26, 2008.
Motion by Musick to adjourn meeting. 2nd by Campbell. Motion carried. Meeting adjourned at 11:30pm.
Respectfully Submitted;
Beth Foudriat
Town of Lakewood Clerk
Corrected 5-09-2008