REGULAR MONTHLY BOARD MEETING May 15, 2007

Stanton Town Hall

31186 40th Avenue Way, Cannon Falls, MN 55009

 

Board Chair, Joyce Moorhouse, called the meeting to order.  Others present included Vice Chair Dave Garner, Supervisor Vince Cockriel, Clerk Elizabeth (Betts) Top and Treasurer Kenneth Ebert.

 

Meeting was called to order at 7:00 P.M.

 

Pledge of Allegiance was recited.

 

Joyce called to reveal any conflict of interest.

 

None were heard.

 

Approval of Agenda

Joyce called for any additions to the Agenda

 

Dave wanted it added that under Old Business: Response from MAT regarding zoning for Mr. Emery.

Betts said to add Wendy Carroll under Old Business.

Joyce said to add Wendy Carroll as item #5.

Joyce called for other additions.

None were heard.

 

Joyce asked for approval for the agenda.

 

Vince Cockriel made a motion to approve the agenda.

Joyce Morehouse seconded the motion

Motion passed 3/0

 

Board of Canvass Minutes Approval

Joyce read the board of canvas minutes and the details provided by the clerk
Dave requested the details and breakdown of the election results be attached to the minutes.

Dave Garner made a motion to approve the Board of Canvass Minutes 3-13-07 with the attachment.

Joyce Moorhouse seconded the motion

Motion passed 2/0    Vince Cockriel abstained.

 

The clerk was advised to get Bob Benson’s signature on the minutes as he was Chair that time and at the meeting.

 

Approve Minutes of 4-17-07 Board Meeting

Joyce called for any additions or corrections.

 

Dave said he had some corrections. 

Page 2, under Treasure report: it should show Current Receipts at $329.76

Page 2, where Wendy Carroll said No: it should be added “Randy Rechtzigel was not ready at this time.”

Page 4, under Scott Gustafson permit request: it should be added “Permit Cost was $125.00”

Page 5, under ‘Dave said first…’ change “post” to “proposed.”

Page 5, Under ‘Joyce said Steve really needed…’ it should be added “Joyce asked Steve if he had a survey now.” And  “Steve said No” beneath that.

Page 6, under ‘Dave said he still maintained…’ change “piece of land” to “parcel of land.”

Page 7, where ‘Dave said he wanted her to call MAT…’  add “2 acres do not meet current setbacks to the buildings.”

Page 7, under ‘Joyce said we need to know…’ add “Dave asked should there have been a variance process?”

Page 11, following ‘Vince suggested only allowing…’ add “Joyce said the applicant may have to show proof of insurance”.

Page 11, where it says ‘Joyce went through…’ it should say “The Board went through…”

 

Dave Garner made a motion to approve the minutes with corrections.

Vince Cockriel seconded the motion

Motion passed 3/0

 

Minutes of Board of Appeal and Equalization Meeting 4-24-07

 

Vince Cockriel made a motion to approve the Board of Appeals & Equalization minutes

Dave Garner seconded the motion

Motion passed 3/0

 

Road Report of 4-24-07

Joyce felt it should be added to Goodhue Avenue: “Missing chevrons around the bend.”

Vince added that for ‘325th Street’ it should be added that the “stakes for the field driveway/access road didn’t need a culvert.”

 

Vince Cockriel made a motion to approve the Road Report with corrections.

Joyce Moorhouse seconded the motion

Motion passed 3/0

 

Treasurer’s Report

 

Ken announced total Receipts last month were $1,509.13

Disbursements  $ 7,714.56

Current Investments – a CD at $ 67,474.47 at a rate of 4.25% and he would renew it at 5 or so percent for 5 months.  He would do that in the next week or the week after. The old checking account that was no longer used and had been closed, and a lot of the money from the old savings account had been moved over to the new accounts so that we would start writing checks from the new bank.  The safe deposit key problem had been resolved in that he had a duplicate made for $10.00.  That was one of the claims for the night.  Ken had both keys now. 

Ken also felt with increasing the size of the current safe deposit box it should be decided what should go in to it.  The box sizes ran $30-$35-$45.  The deeds to all of our properties were in there along with surveys and abstracts.   Ken also wanted to back up CTAS on his computer and put it in there.

 

It was decided that Ken and the clerk would get together and decide what would go in the safe deposit box.

 

Dave Garner made a motion to move to the appropriate size safe deposit box after the treasurer and clerk decided what needed to be collected. 

Vince Cockriel seconded the motion

Motion passed 3/0

 

Dave Garner made a motion to approve the Treasurers Report as read.

Vince Cockriel seconded the motion

Motion passed 3/0

 

Building Permits

  1. Kurt Emery – 884 Hwy 19, Dennison MN. Section 31 – came forward wanting an addition on to a cattle building.

12 feet added on to one end, 48 feet added on to other end. Setbacks would be met. 

Cost would be $70,000.00. 

 

Dave Garner made a motion to give a zoning certificate for his addition to his cattle shed.

Vince Cockreil seconded the motion.

Motion passed 3/0

 

Permit fee was $160.00

 

  1. Mary Crook - 33943 Warsaw Trail, Cannon Falls – Section 36 – came forward requesting an addition of a deck onto house.  Size was 12 x 16 feet.  Setbacks were met.  Mary was advised to have a more complete sitemap.  Estimated cost was $5,000.00

 

Dave Garner made a motion to approve the zoning for the addition of a deck onto a house.

Vince Cockriel seconded the motion.

Motion passed 3/0

 

Permit fee was $100.00

 

Bill Nelson was called forward.  Bill was not present at that time.

 

Clerk Report

 

  1. Town Hall Internet Service

Betts reported she had checked on DSL service with two companies, Frontier and Midwest Wireless.  Frontier was $63.50 per month for 256k download and 128K upload speed.  A two year lease was required but installation would be free.  If internet service for the clerk and treasurer were canceled that would be about a $30.00 credit which would make the increase $33.50 per month for the internet.  Midwest Wireless said they attach a "7" square pickup device witch delivers the signal from the tower to the town hall.  It was similar to a cell phone.  The monthly fee was $34.95 and their speed was also 256k download and 128k upload.  Installation was free and the contract was 3 years.  The total again with the credit of the clerk and treasurer accounts would be an increase of  $4.95 per month for internet service. 

 

Ken added that he had had the service from Midwest Wireless and the internet service was fabulous. 

 

Dave asked what the buyout cost was?

Betts said she didn’t know.

Ken said he thought you just had to pay the $100.00 installation fee without the 3 year contract.

 

Discussion

 

Dave Garner made a motion to go with Midwest Wireless and put their DSL system in for $34.95 a month.

Vince Cockriel seconded the motion

Motion passed 3/0

 

  1. Skahen Report.  Betts said after she had contacted Mr. Skahen several times and he had not come to any township meetings she had contacted the county.  They had since gone out to his property and taken some pictures and would take the issue to their Ordinance Enforcement Committee.  No action required by the board.
  2. Set Date for moving old Town Hall Property.  Betts said she wanted the board to set a date to air out the old town hall and move necessary items to the new town hall. 

 

Dave Garner made a motion to have the clerk set a date and arranges volunteers.

 

Joyce asked for volunteers from the audience.

Paul Schluter, John Miller and Vince Cockriel said they would volunteer. 

 

Betts said she would send out emails requesting volunteers and then advise the supervisors of the date and time. 

 

Mark Dubbels said he was concerned about bringing over boxes and equipment from a condemned building.  Mold spores can live in cellulose for a long time.  His solution was to digitally scan the papers at the old town hall and bring the newly scanned records over. 

 

Joyce said she felt the important records had been removed already, about all that was left was maps and things like that. 

 

Betts asked Mark if the documents that were scanned were searchable or were they just like a photocopy of them. 

 

Mark said it would depend on how the documents were saved. 

 

Discussion

 

Joyce Moorhouse made a motion to table the question and put it on the next month’s agenda. 

 

Discussion

 

Vince Cockriel seconded the motion.

Motion passed 3/0

 

End of Clerk’s Report

 

Public Before the Board

 

Rosie Schluter came forward and said she would like to publish in the Beacon a small box with information showing what each townships updates were. This would give people a chance to see what was happening in the area at a glance, things like building permits etc.  She would send out a form or call the townships to get information after township meetings. 

 

Vince asked if we were buying this.

Rosie said it would be a public service.

 

Joyce asked if this would follow our regular meeting.

 

Rosie answered 'yes'.

 

Dave felt the number of permits would be all that would be necessary.  He felt the idea was good but would like the board to see what was going in beforehand.  The chairman should approve the insert.

 

Rosie asked the board to talk it over and let her know.

 

Joyce added only permits that were approved should appear in the Beacon.

 

Road Report

 

Dan came forward.  Dan said he had driven up to Blaine and gotten the carbide cutting edges, a case of 65.

 

Vince asked how many are on the blade?

 

Dan said 130 something.

 

Joyce asked if he had gotten all the roads done.

Dan said between him and Tom yes, they had.

 

Dave asked when the rock would be put down?

 

Dan said Tom had done that in the past.

 

Dave wanted to get a hold of Tom and find out when the rock would go down so then we could get the chloride down.

 

Betts said she would call him.

 

Joyce wanted the rock to go down as soon as possible.

 

Dan was told to take care of the weeds too.

 

Dave asked if the tires in the ditches had been picked up?

 

Joyce added the chevrons were off on Goodhue Ave, either they were down or missing.

 

Dan said he would do that, we had some in the shed.

 

Dave said they were arrow signs.  

 

Joyce said there was culvert cleanup that needed to be done.  When it came to Prairie Creek the culvert there on 310th had to be professionally done.

 

Dave added Dan could go and clean the brush out of the waterways.

 

Joyce said there were some trees growing by Prairie Creek on the south side, and a couple of other culverts that needed trees removed. A couple of tires and one stop sign needed replacing.  On 57th there were tires in the ditch. 

 

Betts gave Dan a copy of the Road Report with corrections on it.

 

325th Street had a blocked culvert this past spring.

 

Dan asked if we graded Warsaw Trail.

 

He was told no, Warsaw Twp. did it.  We would put rock on it if needed.

 

Joyce said over on the end of 310th Street the trees were coming out onto the road.  It might be too big a job for Dan, maybe have a tree service come and do it. 

 

Dave suggested talking to the landowner if the tree branches were over so many inches (in diameter.)  It was at one of the Short Courses they were told about.

 

Joyce said she would work with Dan on the tree-branch removal.

 

Dan was thanked and left at that time. 

 

Dave said he wanted to discuss 310th street guard rails.  Due to traffic there were 2 dangerous spots, one was the bridge and creek by the Scout Camp and one by Prairie Creek.  The drop off was a potential hazard.  Guardrails should be put on both those spots.  We don’t have to go out for bids because it should be under $5,000 and we can authorize it.

 

Joyce felt Prairie Creek culvert should be addressed first, the trees and sand. 

 

Dave Garner made a motion to have the clerk contact the same company that did previous guardrails and have them give bids for the two locations on 310th St.

Vince Cockriel seconded the motion

 

Joyce asked for any further discussion.

 

Vince said he felt the Scout Camp rails should be put up first with all the summer and camp traffic.

 

Motion passed 3/0

 

Culverts

 

It was decided to clean out the culverts (2) down by Prairie Creek and it should be done before the guard rails get put up.  The clerk should contact the Goodhue County Engineer and find out who cleans culverts.  Also the culvert up on 325th. 

 

Vince Cockriel made a motion to get bids, 2, from the county for cleaning the culverts out on 310th  (Prairie Creek) and 325th streets.

Dave Garner seconded the motion.

Motion passed 3/0

 

Road Rock

Dave said from the road trip it was clear that the board and Tom all agreed on where rock was needed.

Dave Garner made a motion to put down rock per Tom’s directions.

Vince Cockriel seconded the motion.

Motion passed 3/0

 

Chloride

 

The clerk was advised to contact Tom to make sure the chloride gets put down after the rock.

 

Vince Cockriel made a motion to coordinate the chloride placement after the rock placement as through Tom’s directions.

Dave Garner seconded the motion.

Motion passed 3/0

 

The question of seal-coating was brought up and Betts said she would call the county and see what the update was on that.

 

Dave said he had talked with them and it would probably be done sometime in July.

 

Joyce called for any other business on the Road Report

None was heard.

 

Meetings Attended

 

Joyce reported the supervisors and clerk attended the Board of Appeals and Equalizations and the supervisors, clerk and Tom were on the Road Trip. 

 

Old Business

  1. Flag Pole.

Vince reported he had contacted two different companies.  They ranged (in prices) anywhere from $400.00 to $1,200.00.  His research showed fiberglass was better for windy areas.  Aluminum could bend but was similar in price.  He preferred one piece instead of sectional poles.  A fiberglass pole at 25 feet was what he recommended.  He also preferred the larger diameter base of 4 plus inches.  He felt 25 foot was OK for a building our size.  The fiberglass cost would be $550.00.  A 30 foot pole was much more expensive but didn’t come in fiberglass.  The company in Bloomington (Display Sales) did have installation available, and shipping would be more. Vince said he recommended the fiberglass pole.

 

Dave asked if we used a 4’ x 6’ flag would there be any issues?

 

Vince said no.

 

Joyce asked if the flag came with it?

 

Vince said no.

 

Dave felt satisfied with the fiberglass and 25 foot and the cost seemed reasonable to him.  The question would be where to install it.  He felt the flag should be close to the building. 

 

Joyce felt it would be good west of the well. 

Vince said a 4 x 6 flag would be roughly 50 dollars.

 

Placement of the flag pole should take place in conjunction with the landscaping.

 

Dave said he felt lights could be added later, just to get the pole up first.

 

Dave Garner made a motion to purchase a 25 foot fiberglass flag pole from Display Sales and have them install it and the 4’ x 6’ flag.

Vince Cockriel seconded the motion.

Motion passed 3/0

 

Dave asked Vince if he would mind following up on the contact for the pole?

Vince said he would do it.

 

A member of the audience recommended getting a high speed flag which was more durable and to get two incase one got damaged.

 

Vince said he would ask about that.

 

Joyce Moorhouse made a motion to have Vince look into getting a low wind speed flag vs. a high wind speed flag and to purchase two of what he decided. 

Vince seconded the motion

Motion passed 3/0

 

Town Hall Rental Agreement

Betts passed out the final draft of the rental agreement to the supervisors.

 

The board decided to read the agreement and report back at next months meeting.

The clerk said she would put it on the agenda.

 

Town Hall Landscaping

 

Zeke Pederson came forward.  He said he needed a signed letter on letterhead from the township stating it was OK to go ahead with his landscaping project. He also needed a contact person.

 

He was told to contact the clerk.

 

Dave Garner made a motion to draft a letter by the clerk to authorize Zeke Pederson to complete the project. 

Vince Cockriel seconded the motion.

Motion passed 3/0

 

Zeke showed the board extensive color plans for his landscaping project.  He explained his plan mentioning placement of  black dirt, woodchips, different types of grass, around the building.  He continued with plant types; Daylilies, a low Juniper, landscaping timbers around the wells with rock, Dwarf Lilac, shade trees on the corners of the building, Flux would be under the Stanton Township sign. 

 

Jack lucking said he would donate 2 Evergreens. 

 

Joyce reminded Zeke to call the utility companies before digging. 

 

Zeke continued with putting in Sand Cherries, which get about 5 ft wide. 

 

Joyce asked about trees or a windbreak on the back of the building.

 

Zeke said he planned to put about 5 in the back.  For watering he planned to put in a soaker hose to attend to the trees and garden.  Money-wise he had remembered the board offering $250.00.  He planned to get as many contributions as possible first. 

 

Cheryle Peterson told Zeke she had some Day Lilies and Flux he could have.

 

Joyce remembered $250.00 to $300.00 being offered.

 

Joyce made a motion to set aside $300.00 toward the project to cover any costs that Zeke was unable to get donated.

Vince Cockriel seconded the motion

Motion passed 3/0

 

Joyce suggested putting some Vetch in areas where grass might go, it stayed low and sometimes flowered. 

 

Vince recommended different types of seed mixes, where it only got to be 8 inches and was very drought tolerant. MN DOT used it a lot.

 

Zeke mentioned the flagpole. He felt it could be in the front and he would like to do something around it using stones or woodchips. 

 

Vince offered to deliver some larger boulders to the site.

 

Zeke said all his plans had to be approved before the next meeting.

 

Joyce said she would sign any papers when he brought them to her house as the board was in agreement about the plans. 

 

Joyce asked if Zeke had some help.

 

Zeke said 3 Boy Scout troops were available to him.  He said he would start in June and try to get it completed in July. 

 

Joyce thanked Zeke and advised him if he had bills to submit them to the clerk.

 

Zeke left at this time.

 

 

Ordinance Update Request from the Planning Commission

 

Betts said the Planning Commission would like to know when the Ordinance would be completed.

 

Dave asked if Betts had the last copy of the revised ordinance.  He asked her to accept the corrections then print off the final copy and give it to the supervisors. 

 

Joyce said it was time to have a final draft. 

Dave said after they had looked at it they had to make sure it matched with the county. 

 

Joyce added that it needed to be compatible with the Land Use Plan. 

 

Betts said she would get out copies to them within the week.

 

Response from MAT

 

Dave said last month Betts was requested to contact MAT in regards to Mr. Emery and his creating a new parcel of land.  Her two replies from MAT then came.  The first one stated  “if your Township did not do Planning and Zoning” but we did our own planning and zoning. Then a final answer came and the answer was not real clear. 

 

Joyce said she remembered the county allowing one split per family member.

 

Dave said he (Mr. Emery) needed to come to the town and the town would handle it as a zoning process, because we do have zoning. Basically we created a situation where any time Mr. Emery wants to do anything he was in violation of the zoning because we created a situation where if he wants to do anything, like meet setbacks, automatically he’s in violation of that. .  He said it should have been handled with a request for a variance and then a public hearing.  If we went through that process and gave him a variance to start off with then in the future he would have been in compliance instead of being in non-compliance to start off with. 

 

Joyce said she would like to have the reply from the township attorney (MAT) entered into the minutes. 

 

Dave said in the future, because we do do our own planning and zoning we should have addressed it.

 

Vince asked if they county did not know we do our own planning and zoning.

 

Joyce answered they know we do our own planning and zoning. They sent him (Mr. Emery) here with a paper that needed to be signed for the split.  If we didn’t approve it then the county’s ordinance would prevail.  He came to the township with a paper and asked us to approve it. 

 

Vince said as he sees it as; ‘the ultimate decision was that of the county, the board’s action was mainly advisory as a courtesy to avoid conflicts.’  Just so long as the board was comfortable with the proposal.  He didn’t feel it was an issue and it didn’t set a president. 

 

Dave said that whole answer was contingent on us not doing zoning and planning.  We should be looking at the second sentence on the first page, that’s the only answer that applies.

 

Joyce said maybe we should have tabled the topic and gone back to the county and questioned why they were sending us that particular document when we do planning and zoning. 

 

Dave said he felt we still should have handled it (ourselves).

 

Dave Garner made a motion to enter MATS response into the record.

Joyce Moorhouse seconded the motion

Motion passed 3/0

 

MATS RESPONSE:  see end of minutes

 

Wendy Carroll

Wendy Carroll came forward and presented a letter from Randy Rechtzigel.

 

Joyce read the letter aloud:

 

“Stanton Town Board,

On Monday, May 14th, Wendy, Tom and I met and are working out the details on renting my building or renting with option to buy.  In the next couple of weeks I’ll be finishing the building and know my final costs so we can work out the final details.”

 

Randy

 

Rechtzigel Construction

8110 CO. 17 Blvd.

Cannon Falls, MN 55009

           

Dave asked Wendy if she was progressing forward.

 

Wendy said yes she was.

 

Joyce reminded Wendy to keep the board informed monthly as to her progress.

 

Wendy asked if she couldn’t come could she just call Betts and tell her.

 

Joyce told Wendy (if she couldn’t come) to send the board a letter and say if she had entered into a contract. 

 

She said she would.

Wendy Carroll left the meeting at that time.

 

Cartway

 

Geoff Griffin of Greater Southwest Holdings, Rochester, MN, came forward.  He began saying the township had a strip of land ¼ mile NS, 2 rods EW running along the edge of his property.  Your (township’s) strip of land was landlocked, it doesn’t touch any public facilities .  So we have petitioned to get rid of that strip of land which doesn’t seem to serve any purpose. It was originally initiated to serve the back part of our property when it was in separate ownerships, now that it was in one ownership, it didn’t serve any purpose.  We foresee it being a problem in the future because of weeds and nuisance. 

 

The board looked at pictures of the land and surrounding the area.

 

Dave asked if neither end was attached to any public road?

 

Geoff said that’s correct.

 

Dave said so even if someone wanted to access it they would have to drive across non public roads to get to it?

 

Geoff said that’s correct.

 

Joyce wanted to know who’s property was on the south of them.

 

Geoff said they owned that. 

 

Vince said with regards to the weed issue County officials and local weed inspectors have permission to go on that without the landowners consent, via State Statute.  So that wouldn’t be an issue.

 

Joyce said there was a public hearing and you made your request.  Your reason was what?

 

Geoff said foremost to clear up the title issue as they didn’t have complete control of this quarter section (where the Cartway was).

 

Joyce asked if there was something wrong with their title, they did have a title, correct? 

 

Geoff said they did have a title, but there was exception from their title.  To us and our legal counsel it made no sense to have a piece in there that was land locked and there was no one to get in there and maintain that piece of property.

 

Vince said if there was a noxious weed on that property a legal county representative didn’t need anyone’s permission to go in there and expel the weeds.  So we would never be in violation of that. 

 

 Joyce asked if he had any other documents to show?

 

Geoff said that’s it.

 

Joyce wanted to know if any of the petition signers spoke at his public hearing, giving any reason for this?

 

Geoff said No.

 

Discussion ensued about Cartways.

 

Dave felt the Cartway currently had no need, there was no public access without driving across public property, it was basically all on his (Geoff’s) property.  He (Dave) was having a hard time justifying keeping it, unless someone could point out why we should not abandon it.

 

Joyce said two property owners nearby spoke against it at the public hearing. She said the Planning Commission made a motion to deny it.  She didn’t hear a very good reason (from the petitioner) i.e. to clear up the title. 

 

Geoff said if the quarter mile by 2 rods strip of land was connected out to the county road, so it had the potential of service and purpose, it might be different but it doesn’t connect to anything on the south end and so it just sits in the middle of his property.

 

Vince said the land east to you did  (connect) and that was an issue to him.  He felt that that landowner did feel there was a purpose to having it there.  We didn’t have the right to take away his option of what that neighbor could use that land for. 

 

Geoff said he (the neighbor) said it hastened development. 

 

Geoff reiterated that at one time it was needed to access the back property, but since then it became one contiguous property.

 

Vince said it was still public property.

 

Joyce called from the audience for Joe Vandenheuvel to speak.

 

Joe asked if the board had  been out to see the piece of property, which was State Statute mandatory.. He felt the cartway had nothing to do with mortgage purposes.  The township or any one else that had an interest in it had a right of extending that cartway out to the nearest public road.  Why would the township vacate, donate or give away real estate without compensation?  It made no sense.  The township would be very foolish to give this away without compensation.

 

Mark Dubbels commented that the title was easily written around.  Secondly, had they found out if the cartway was owned by the township?  If it was township property, real acreage, wasn’t that giving away public property?

 

Joyce Moorhouse made a motion to deny the vacation of the Cartway inasmuch as no compensation was offered.

Vince Cockriel seconded the motion

Motion passed 2/1    Dave Garner voted Nay.

 

New Business

 

  Mayor Weibel’s Letter

 

Joyce explained that Mayor Weibel was again having his meetings with the townships and he was asking for a representative. 

 

Vince said he wouldn’t mind sitting in on the meetings.

 

Joyce Moorhouse made a motion to have Vince Cockriel represent the township at Mayor Weibel’s meetings.

Dave Garner seconded the motion.

Motion passed 2/0  (Vince abstained)

 

Liquor License for Summit Golf Course

 

Joyce Moorhouse made a resolution to renew the Summit Golf Course liquor license.

Dave Garner seconded the resolution

Resolution passed 3/0

 

Manure Management – Hovel Farm

 

The clerk stated that the Planning Commission had requested that she check on information that was being talked about where there would be a delivery of 500,000 pounds of liquid manure being delivered into Stanton Township.  The contract was between two farms; Hovel and the Dibble Farm.  She checked with the county and she spoke to Steve Schmidt and he said yes there was a contract on file there and that the Dibble farm was one of several farms listed.  There was no date or plan mentioned in the document but they (the Dibble farm) could (accept manure) if they wanted.  He added they respected township rules but we would have to enforce our own.

 

Dave asked if that wasn’t gallons. 

 

Betts said it probably was.  She continued that the county said lots of places were spreading 5,000 to 3,000 gallons per acre.  She then spoke to Mrs. Hovel today and she said she would like to come to the meeting.  So if there were any questions they could be addressed. 

 

A representative of Hovel farms said they had been putting manure on Dibble’s farm for 25 years and he never felt it was anything but a crop nutrient. 

 

Dave asked you’re applying liquid manure, tining it in?

 

Mr. Hovel said yes.  Right now they were running 3,000-3,500 gallons an acre. 

 

Dave said it was a natural resource being put into the ground, it’s not running off or into the streets. 

 

Vince asked if there were any complaints in the years past?

 

Mr. Hovel said John Dibble had always hauled the manure himself.

 

Joe said he was a neighbor to the land and he had no complaint about the manure. The practice that Hovel was using compared to what John Dibble used was the difference in night and day. He said there was a concern in the area to tine the manure into the soil with a residential area being right down stream.  There was a concern for the ground water.  There were many private wells around there.

 

Joyce called for any other comments.

 

Brad Hovel spoke and said pig manure was safer than anhydrous ammonia. 

 

Levy

 

Ken said he was asked to explain the definition of Levy vs. Budget.

He explained the levy was how much we were going to ask for from the citizenry.

The budget was how much, from wherever, we were going to spend.

 

Ken produced several documents on the overhead projector showing breakdowns for many years.

He said he would give printouts to everyone after the presentation.

 

Ken gave the presentation showing via mostly graphs how spending had been charted over the years explaining increases, etc.  He explained each fund for each year.  Lastly Ken showed the

$135,00.00 levy for this past year,  $ 182,000.00 for this year and  $ 205,000.00 for 2008.

 

Joyce asked if there were any other questions for the treasurer’s presentation.

None were heard.

 

The levy for 2007 was $182,000.00 (that what was mailed in)

 

Dave asked the Chair if she wanted to discuss the 2008 levy at this time?

 

Joyce said we needed to complete the statements that they made by saying it was $25,000.00 over and we have put that aside until it’s to be received. 

 

Dave said we had to establish a goal for the 2008 levy. How much we were going to ask for.  The statement before was correct, that John Miller made.  Last year the board voted on a $90,000.00 increase.  That was not based on the $182,000.00.  What was asked for at that time was a $90,000.00 increase.  That got tabled.  

 

Dave said MAT advised us to put aside the $25,000.00. 

 

Joyce reiterated the Levy should have been $157,000.00 for 2007 and we would increase it by $90,000.00 for 2008.  But we still had that overage of $25,000.00.  But if we add that $25,000.00 on to the $157,000.00 we come up with $182,000.00. 

 

Vince said we discussed putting that $25,000.00 in to escrow, right?

 

Dave said we did, that was what MAT suggested we do.

 

Vince continued saying then we would deduct that amount from the $90,000.00.

 

Dave said that’s what was recommended, but it’s basically up to us. 

Dave said let’s all agree that the 2007 Levy was $182,000.00.

 

All agreed.

 

Dave said let’s start with the $182,000.00 so we can be consistent.   He recommended the first thing we should do was to deduct the $25,000.00 that we got this year so we can apply it to next year.  We need to determine what we need to add. 

 

Vince said if we needed the $90,000.00 as we did here a few months back then we need $65,000.00.

 

Joyce said 2008 would be $247,000.00. ($65,000 plus $182,000.00). Joyce explained a lot of the increase was to try to replenish the Building Fund at $20,000.00 a year other wise it would take years and years to get enough money to build a maintenance shed for our equipment.  Possibly in 3 years we could build that equipment shed. 

 

Ken stated that the board had to watch what they were spending, why they’re spending and for what they’re spending it on.

 

Vince said he remembered the three main things that the township needed was the building fund needed to be brought back up for future needs such as the blacktopping, the other thing was an obligation to get that building, the old town hall equipment building, moved from site down here.  We didn’t have any money for that. The 3rd thing was that our equipment was getting worn out, that budget was down.  Those things to him, even as a citizen some months ago, made sense. 

 

Joyce added the new bridge being put in next year would also be at least $20,000.00.

 

Dave went back over his notes and explained the increases and accounts that had been previously discussed.  This was for 2008.

 

Establish a Legal Fund:                                                      $ 20,000.00

Increase Road and Bridge:                                                       $ 20,000.00

Increase General Fund – Equipment:                                           $10,000.00

Put into Building Fund – for a new equipment shed:    $ 25,000.00

Equipment Replacement (subfund)                                              $ 10,000.00

Create Fixed Assets Fund- i.e. flagpoles etc.                               $  5,000.00

                                                                                                ____________

Total Increase                                                                           $ 90,000.00.

 

Joyce questioned if we could reduce any of the amounts. Also the fact that we borrowed from the Road and Bridge fund to pay the overage of the new Town Hall.  We said we would pay that back as the board saw fit. 

 

Vince said we need those answers for the September meeting.

 

Joyce said the levy increase would be $65,000.00 for 2008. 

 

Dave asked Ken if he could tell him the state of the funds for 2007, what our current levy was per fund.

 

Ken said:

Levy for General Fund was $50,000.00

Levy for Road and Bridge was $87,000.00

Levy for Fire Fund was $45,000.00

That added up to $182,000.00

 

Dave said the proposal was to create a sub fund for legal (in the General Fund.)

 

Ken said it was more of a line item rather than a fund.  Ken said up until 4 years ago we had 2 funds, Road and Bridge and General, there was no Building Fund.  It was after a short course that the Fire Fund was broken out and created. 

 

Vince said it was good to break out the line items.  Once we created a fund and put citizen money there then we would pay out of that fund. 

 

Dave said lets go through each fund. 

 

Discussion ensued about each fund. 

Possibilities:

 

Legal fund:  create at $15,000.00

(sub category of General Fund)

 

Road and Bridge: leave at $87,000.00 or increase of $20,000.00

(2009 new bridge, plus previous sending had sometimes been as high as $ 103-$107,000.00 )

 

General Fund: leave increase at $10,000.00

 

Create a Building Fund:  create at $5,000.00

( for Equipment Shed)

 

Equipment Replacement Fund: create at $10,000.00 increase

(sub fund under Road and Bridge)

 

            Fixed Assets: create at  $ 5,000.00

(sub fund under General for flag poles etc.)

 

Dave said now (after adjustments) he came up with an increase of $65,000.00. That was based on the $182,000.00.  We should reduce this by the $25,000.00 we got this year but were not entitled to, so we should ask for a $40,000.00 increase on top of the $182,000.00. 

 

Ken said which would bring it up to $222,000.00. 

 

Dave said if we work off the $182,000.00, the 2007 levy, from that basis we were asking for a $40,000.00 increase.  The 2009 Levy would be when we would get back the $25,000.00, basically taking it back out of the escrow account. 

 

Dave said the Levy came before the Budget, you couldn’t set the Budget until you knew what the Levy was. 

 

End of Discussion

 

The Sportsman’s Club representative came forward requesting a liquor license.

 

Vince Cockriel made a resolution to allow the Sportsman’s Club to have a 3.2 liquor license for 2007

Dave Garner seconded the resolution

Resolution passed 3/0

 

Upcoming Meetings

 

No upcoming meetings were listed.

 

Joyce Moorhouse made a motion to open the mail.

Vince Cockriel seconded the motion

Motion passed 3/0

 

Mail was disbursed. 

 

Dave Garner made a motion to pay claims

Vince Cockriel seconded the motion

Motion passed 3/0

 

Ken announced that a check had been lost in the mail and he needed the board’s approval to reissue the check.

 

Dave Garner made a motion to reissue the $50.00 check to Mark Dubbels

Vince Cockriel seconded the motion

Motion passed 3/0

 

Ken announced claims came to $2,812.00

 

Claims were paid.

 

Joe Vandenheuvel from the audience stated Dave Garner had done something which was borderline illegal.  Dave had come to a meeting late and Bob and Joyce (supervisors) had already approved the minutes.  Dave reopened them.  Joe said that’s illegal, once approved they couldn’t be revisited. 

 

Note: MAT’s response to this question:

From: Kent Sulem [mailto:ksulem@mntownships.org]
Sent: Friday, May 25, 2007 7:49 AM
To: Dave Garner
Subject: RE: procedural question
 

The board was within its authority to reconsider its earlier approval and to insert the corrections found by the late arriving supervisor. 

 

Sincerley,

 

Kent Sulem

MAT Attorney

 

 

 

 

Vince Cockriel made a motion to adjourn

Joyce Moorhouse seconded the motion

Motion passed 3/0

 

 

Meeting adjourned at 11:14 PM

 

MAT’s Response:

 

4-19/07

 

“If the township does not do its own planning and zoning, then the county's regulations prevail. If the county requires the township to approve of a subdivision of property, then the board has the authority to act without further hearings, etc.  Because the ultimate decision is that of the county, the board's action is mainly advisory and a courtesy to try to avoid conflicts. Thus, so long as the board is comfortable with the proposal in question, the actions taken are fine.  As for setting precedence, it does to a small extent, but each proposal should be discussed on hits own merits and a decision made.  The board can also change its mind with a new application if it feels it made a mistake after the current process is complete, but in any case it should create a record as to why it says yes or no.”

 

Sincerely,

 

Kent Sulem

MAT Attorney

 

 

 

---------------------------------------------------------------

 

 

 

 

4-20-07

The answer to your question is the lawyer's favorite, "It depends"

 

If your township's zoning ordinance has a provision dealing with the subdivision of land such as the one being proposed, then the township would should be the deciding body and not the county.  The application to the county would be irrelevant so long as there is a town ordinance on the same issue that is consistent with and at least as restrictive as the county's.   Under this situation, the application should go to the town, and the town would need to handle it as a zoning process, including the need for a formal public hearing.

 

If the township's ordinance does not address this issue, then the process from the original e-mail would still apply with the additional caveat that the board should indicate that this application (or future ones) are not inconsistent with the township's zoning ordinance (or if it appears to be inconsistent, then that should be noted as to why the application should go to the town's zoning board, etc.)

 

Sincerley,

 

Kent Sulem

MAT Attorney