Draft Copy ---Subject to approval
Lakewood Board of Supervisors Meeting
June 4, 2008
Call to Order: Vice-Chair Chuck Campbell called the June meeting of the Lakewood Board of Supervisors to order at 7:05 p.m. on June 4, 2008 at the Lakewood Town Hall.
Present: Supervisors Shannon Ostazeski, Jerry Larson, Tim Musick, and Chuck Campbell. 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: Move hiring of Road & Bridge Foreman and Maintenance & Grounds supervisor to beginning of Department Reports. Motion by Ostazeski to accept the agenda for Board of Supervisors June 4, 2008 meeting as amended. Second by Larson. Motion carried unanimously.
Review of Minutes:
1. April 28, 2008 & May 8 2008 Board of Appeal and Equalization Minutes – Motion by Musick to approve April 28, 2008 & May 8 2008 Board of Appeal and Equalization minutes. Second by Larson. Discussion: Larson suggested checking the spelling of Befera. Motion carried unanimously.
2. May 7, 2008 Special Board of Supervisors Meeting on Lipe Minutes - Motion by Larson to approve May 7, 2008 Special Board of Supervisors Meeting on Lipe. Second by Musick. Motion carried unanimously.
3. May 7, 2008 Monthly Board of Supervisors Meeting – Correction to the minutes: page 4 Counting should be corrected to Control. Motion by Ostazeski to approve May 7, 2008 Monthly Board of Supervisors Meeting as amended. Second by Larson. Motion carried unanimously.
4. May 22, 2008 Special Board of Supervisors Meeting regarding Hiring Road & Bridge Foreman and Maintenance & Grounds Supervisor Minutes - Motion by Ostazeski to approve May 22, 2008 Special Board of Supervisors Meeting on Hiring for Road & Bridge Foreman and Maintenance & Grounds Supervisor. Second by Musick. Motion carried unanimously.
5. May 22, 2008 Special Board of Supervisors Meeting regarding Lipe Minutes - Motion by Ostazeski to approve May 22, 2008 Special Board of Supervisors Meeting on Lipe. Second by Larson. Motion carried unanimously.
Financial:
Treasurer’s Report: Treasurer Brenda Lagarde presented the cash control statement for January 1, 2008 through June 4, 2008. Beginning Balance of $221,122.96 with total Receipts $71,234.01 and total disbursements of $194,214.39 with an ending balance of $98,142.58. This does not balance with the clerk records, because interest that was added in by Treasurer Brenda was not added in by clerk. Also, transfer of funds for the Lake Superior Grant Fund was taken in, but not recorded in the disbursements by clerk account. $2,104.59 of deposits are in transit with $4,724.25 in outstanding checks and balance with the bank of $100,762.24.
Motion by Musick to approve the Treasurer’s financial report 1-1-08 through 6-4-08, with noted explanation of differences between treasurer and clerk accounts. Second by Ostazeski. Motion Carried unanimously.
Discussion regarding claim 4951 for sander. Don Putnam stated he owned the sander and the township he has been using it for the township work at no cost for the last 10 years. Motion by Musick to purchase the floor sander and accept claim 4951. 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 $22,246.04. Discussion regarding cost for grading roads. Don Putnam stated this was for 1 time and he was concerned about the cost. Motion by Musick to pay claims 4927 through 4977 in the amount of $22,246.04. Second by Campbell. Motion carried unanimously.
Public Comment:
Don Putnam: Fire Auxiliary needs to be recognized in their dedication in raising money for the fire dept.
Bob James: Expressed concern regarding budget and what the township will do with the budget shortfall. Proposed forming a citizen advisory budget committee. Draft plan for the CLUP appreciates the work the committee has done, but is concerned about the rush to get it approved. Generally comment periods are 65 to 90 days for other groups. He would like the community to have more time to read the proposed plan. Continues to ask about accountability in the minutes and would like votes annotated.
Sid Simonson: CLUP took a year to develop and believes should have same amount of time to review. Expressed concern about budget deficit and how we are going to pay for township and lawsuits if we lose. Response by Ostazeski: Assign a board member at the meeting to respond at the following meeting instead of debate. Need to have questions addressed to as many people as possible. Comment by Campbell: Comment time is just that to get comments, some items do not have answers and others can’t comment. Ostazeski: Wishes to do more research on what happens regarding paying for lawsuits and budget deficits and will give response at next meeting.
Bill Baeru: You can answer and don’t want to, but everyone will pay. Township should resolve this before litigation. This gives the township a bad reputation and has gone on too long.
Tim Huchthausen: When reviewing draft of CLUP and other actions the Board of Supervisors are they appear to be pushing an environmental and anti-people agenda. A flawed survey is driving CLUP draft, and then have flawed CLUP. Still upset about change in his zoning for his business.
Al Eastman: Regarding CLUP, wanted to redo survey and not done. Regarding lawsuit, public not listened to, they wanted it to end. Follmer was open to discussion for 45 days and not called. Concerning the Lipe matter towns people asked board to settle, but not done. More lawsuits will come if not careful. Budget is going to be a problem and this board is being fiscally irresponsible. Can decision be held off for 90 days? Ostazeski: Will bring question to meeting on 06-05-08.
Dennis Stolp: Expressed financial concern regarding, how will the township pay for the lawsuits? Annual meeting a majority of the people instructed board to settle lawsuit and Lipe matter. Return to the rules to when these people bought their property.
Kim Ellerman: Process for draft CLUP is rushed, 16 days is not enough time. Campbell response: Set out process a year ago. Ostazeski: The steering committee was concerned that the process might be rushed, but also concerned due to summer. Kim: irresponsible to allow only 16 days on a long term plan. Understand regarding summer, but ok with waiting until Sept.
Burt Minwegn: Stated he had been out of touch, but when he received the Zoning Alert he became concerned about what is going on. Went to meeting put on by Lakewood Land Owners league. Impression from meeting was that people are not being heard and not having equal protection in due process.
CLUP is a picture of why you enjoy Lakewood and want to preserve and an instrument to achieve objective. Proposed dialogue over period of time for people to discuss with leadership groups of cases—i.e. give a situation then get different perspective on how deal with each situation. Need involvement from all constituencies.
Don Dexter: Perceives that township is railroading the CLUP by rushing and adopting it in 16 days. Expressed cautions regarding lawsuits and work it out, and paying to legal does not help resolve the situation. Dialogue with Follmer and Lipe to get resolution.
Dean Lipe: When everything is fair and running well, less people at the town meetings. Towns’ people are trying to help tell the Board of Supervisors what we need. Distrust and questionable practices are leading to more people at the meeting. Musick stated at an Open House that the CLUP update was mandatory every 10 years. Questioned what law required the update. As soon as rights are taken from people, then people get upset. Let Zoning go back to county. People are trying to make a living and Board of Supervisors are taking away from family. Survey was worded in a way to get a certain response.
Brian Twight: Worse and best case for lawsuits, still pay in terms of difficulty to sell. County Zoning would do fine. Encouraged the CLUP to slow down and give residences 60 days on CLUP. Encouraged the Board of Supervisors to settle lawsuits.
Board recognized Don Putman of 18 years of service to Lakewood Township.
Motion to recess by Ostazeski. Second by Musick. Motion carried unanimously. Recessed at 8:32 pm
Reconvened at 8:50 pm
Town Attorney Report –report read by Supervisor Campbell. Turned over the Lipe Brothers lawsuit to MAT attorneys. Attorney requested a closed meeting with the Board of Supervisors. Discussion: Musick: Need to discuss with MAT attorney and get information. A phone conference worked before.
Ostazeski: A phone call would be fine. Campbell: Proposed June 17 or 18 at 5 pm.
Hiring Road & Bridge Foreman and Building & Grounds Supervisor:
Tim Musick reviewed process for hiring. Position advertised twice in Town Crier and once Duluth New Tribune. Twelve applications were received and read. Top 3 applicants were invited for an interview. Two were interviewed the third withdrew due to other job commitments. The committee recommends Art Anderson for Road & Bridge Foreman, and Building & Grounds Supervisor.
Ostazeski: Don was not involved in the interview, but did review applications with Supervisors Musick and Ostazeski. Art is present at meeting tonight and is available to answer questions.
Motion by Musick to hire Art Anderson as Road & Bridge Foreman, and Building & Grounds Supervisor. Second by Ostazeski. Discussion: Musick: Both candidates have years of experience and this was not an easy decision. Motion carried unanimously.
Department Reports:
Fire—Kurt Rogers
- Six calls in past month— one grass fire, one structure fire, a gas spill, one medial and a tree on a line.
- Working on fulfilling FEMA grant.
- Want approval to obtain signage for the #1 fire hall. Received a quote for $969.00 for each sign to say Lakewood Volunteer Fire Dept #1 in 12” letters, and would need two signs. Part of the cost would come from auxiliary and calendar sales. Would like $1000.00 matching from the township.
Motion by Musick to approve up to $1000.00 for signage for Fire Hall#1. Second by Ostazeski. Discussion: Signs are needed to acknowledge Fire Dept and location. Motion carried unanimously.
Maintenance & Grounds - Don Putnam
- Adjust fencing at hockey board need to hook with cables.
- Soccer field manure added and getting grass to grow.
- Leak in old fire hall roof and will have to fix in outside wall in the future.
- Town Hall parking lot will need work in the future.
Road & Bridge - Don Putnam
- Frost still coming out in some roads
- Wahl Rd continues to have problems.
- Need to set road review date and meet with Musick and Ostazeski.
- Higgins and Fitger Rds need work on culverts.
Recreation – submitted report
- Recreation program set to start on June 16. Still need to hire for recreation assistants.
Planning & Zoning Commission – Chris Roningen
- During public comment on CLUP Mr. Norris read from previous CLUP regarding this being a public document. This and other suggested changes were submitted to CLUP steering committee.
- Fill import committee would like to talk with people on Lakewood Rd.
- Ann Cutts will represent Planning and Zoning commission on the Board of Adjustments.
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Zoning Administrator Report - Brennan Mears
- Three zoning permits issued in the past month, 2 garages and one for Lakewood Elementary School.
- May 8, 2008 Two variance hearings, Wendy Robertson and Loren Johnston variances approved.
- June 11, 2008 Mead variance hearing, Centerline Rd. Owner wants to put in a garage with lack of centerline setback in order to avoid a stream.
- Wants to get group together regarding importing fill before he leaves.
Recycling - Merle Abernethy
- no report
Committee Reports:
MPAC- Supervisor Larson unable to attend due to training.
NSMB – Supervisor Musick attended May 22, 2008 meeting in Silver Bay.
- Group is applying for Lake Superior Coastal Grant to obtain oblique aerial photographs to document changes on the North Shore. Trying to understand the rate of erosion, which can vary depending on the place.
- Working to get handle on the development occurring on the North Shore, especially in regards to the smaller resorts.
DAT – Supervisor Ostazeski attended. Guest speaker from Public Works of St. Louis County regarding road repairs. Bridges –21% are structurally deficient in the county. County no longer sells culverts, but can order if requested before they do their yearly order. Townships are able to get help with road engineering design from the county. Solway township fire dept is incorporated not volunteer. Nominate people for citizen of the year by contacting Peggy Sweeny by Aug 21, 2008 of Solway Township. Mailboxes can be replaced if the county plow hits them.
SLCTA - No report.
Unfinished Business:
1. Town Newsletter - June edition. Items to include: Article regarding financial situation of township, CLUP plan update and meeting dates, Thank you for Don, Open House for Safe Harbor, and ad for Planning and Zoning Administer.
2. Supervisor Compensation for Meetings – Supervisor Ostazeski handed out draft of supervisor compensation which incorporated previous Lakewood policy and information from the MAT website. Discussion by Musick regarding the phone reimbursement section. More people are dropping landlines and it is difficult to monitor cell phone long distance. Also, he recognized Shannon for the work on this issue. Motion by Musick to accept the revision to the Supervisor Compensation as amended June 4, 2008. Second by Larson. Motion carried unanimously.
3. Recording Votes in Meeting Minutes: Discussion: Larson: Fine with a list of names and their votes. Musick: Fine to identify by name on split decisions. Motion by Ostazeski to adopt annotated voting when not a unanimous decision. Second by Larson. Motion Carried unanimously.
4. Comprehensive Land Use Plan update – Steering committee reviewed the recommendations the Planning and Zoning commission made to the draft dated 05-21-08. Draft undated on 06-03-08 by the steering committee. June 5, 2008 Board of Supervisors meeting to review draft.
New Business:
1. Hiring process for Planning and Zoning Administer. Musick reported that the process used to hire the Road & Bridge Foreman and Maintenance & Grounds Supervisor worked very well. Position was advertised twice in the Town Crier and the once Duluth News Tribune. Recommend using the Board of Supervisor liaison, another supervisor and current Zoning Administrator to review applications. Then the board liaison and supervisor would interview the applicants. Phil Halverson is the board liaison. Larson: Need to keep position open long enough to get enough applicants. Campbell asked for volunteers from the other supervisor, and Jerry Larson agreed to serve on the committee. Advertising to occur twice in the Lakewood Town Crier and once in the Sunday Duluth New Tribune and posted on the web site. Plan to interview before the July Board of Supervisor meeting. Motion by Musick to approve an ad for Planning and Zoning Administer in the Sunday Duluth New Tribune and for a committee of Jerry Larson and Phil Halverson to review applicants. Second by Ostazeski. Motion carried unanimously.
Correspondence:
1. Lakewood School - Thank you for donating the recycled cans to Lakewood School.
2. Duluth School Board – Thanking Town of Lakewood for donating to Lakewood School though the recycled cans.
3. Memorandum from St. Louis County – regarding the cost of calcium chloride for application to the roads.
4. SLCTA meeting minutes
5. Mac Quade Safe Harbor Open House - July 18, 2008 from 2-4 pm.
6. Northland Foundation Newsletter
7. St. Louis County Housing Report – copy will be in the office
Brenda brought to the Board attention that two bills for Verizon Wireless were approved one for $8.35 and other for $8.28, claim #4947 and #4946 respectively. The $8.28 was a corrected bill with a credit. Motion by Ostazeski to accept claim # 4947 for the corrected amount of $8.28 and deny claim # 4946 for $8.28. Second by Musick Motion Carried unanimously.
Motion by Ostazeski to adjourn meeting. Second by Musick. Motion carried. Meeting adjourned at 9:50 pm.
Respectfully Submitted,
Beth Foudriat
Town of Lakewood Clerk